EPC Contract
AGREEMENT
FOR
Design, Construction, Testing, Commissioning and Operation & Maintenance of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area,
Aurangabad, Maharashtra on EPC Basis
Managing Director Aurangabad Industrial Township Limited
Udyog Sarathi, MIDC office, Marol Industrial Area, Andheri (East), Mumbai, Maharashtra – 400093.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Table of Contents
S. No. Page No.
PART I Preliminary 9
1 Definitions and Interpretation 12
1.1 Definitions 12
1.2 Interpretation 12
1.3 Measurements and Arithmetic Conventions 15
1.4 Priority of Agreements and Errors/Discrepancies 15
1.5 Joint and Several Liability 16
PART II Scope of the Project 17
2 Scope of the Project 18
2.1 Scope of the Project 18
3 Obligations of the Contractor 19
3.1 Obligations of the Contractor 19
3.2 Obligations Relating to Sub-contracts and any other Agreements
34
3.3 Employment of FOREIGN Nationals 35
3.4 Contractor’s Personnel 35
3.5 Advertisement on Project Site 36
3.6 Contractor's Care of the Works 36
3.7 Electricity, Water and other Services 36
3.8 Unforeseeable Difficulties 37
4 Obligations of the Employer 38
4.1 Obligations of the Employer 38
4.2 Environmental Clearances 39
5 Representations and Warranties 40
5.1 Representations and Warranties of the Contractor 40
5.2 Representations and Warranties of the Employer 41
5.3 Disclosure 42
6 Disclaimer 43
6.1 Disclaimer 43
PART III Construction and Maintenance 44
7 Performance Security 45
7.1 Performance Security 45
7.2 Extension of Performance Security 45
7.3 Appropriation of Performance Security 46
7.4 Release of Performance Security 46 7.5 Retention Money 46
8 The Project Site 48
8.1 The Site 48
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Table of Contents
S. No. Page No. 8.2 Procurement of the Site 48
8.3 Not used 49
8.4 Site to be Free from Encumbrances 49
8.5 Protection of Site from encroachments 49
8.6 Special/temporary Roads 49
8.7 Access to the Employe and the Employer’s Engineer 49
8.8 Geological and Archaeological Finds 50
9 Utilities and Trees 51
9.1 Existing Utilities and Roads 51
9.2 Shifting of Obstructing Utilities 51
9.3 New Utilities 51
9.4 Felling of Trees 53
10 Design and Construction of the Project Works 54
10.1 Obligations Prior to Commencement of Works 54
10.2 Design and Drawings 56
10.3 Construction of the Project Works 58
10.4 Maintenance during Construction Period 59
10.5 Extension of Time for Completion 59
10.6 Incomplete Works 61
10.7 Maintenance Manual 61
11 Quality Assurance, Monitoring and Supervision 62
11.1 Quality of Materials and Workmanship 62
11.2 Quality Control System 62
11.3 Methodology 63
11.4 Inspection and Technical Audit by the Employer 63
11.5 External Technical Audit 63
11.6 Inspection of Construction Records 63
11.7 Monthly progress Reports 63
11.8 Inspection 63
11.9 Samples 64
11.10 Tests 64
11.11 Examination of Work Before Covering Up 65
11.12 Rejection 65
11.13 Remedial Work 65
11.14 Delays during Construction 66
11.15 Quality Control Records and Documents 66
11.16 Video Recording 66
11.17 Suspension of Unsafe Construction Works 66
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Table of Contents
S. No. Page No. 11.18 Third Party Inspection 67
12 Completion Certificate 69
12.1 Tests on Completion 69
12.2 Provisional Certificate 69
12.3 Completion of Remaining Works 70
12.4 Completion Certificate 71
12.5 Rescheduling of Tests 71
13 Change of Scope 72
13.1 Change of Scope 72
13.2 Procedure for Change of Scope 73
13.3 Payment for Change of Scope 74
13.4 Restrictions on Change of Scope 74
13.5 Power of the Employer to undertake Works 74
14 Maintenance 76
14.1 Maintenance Obligations of the Contractor 76
14.2 Maintenance Requirements 77
14.3 Maintenance Programme 77
14.4 Safety, Vehicle Breakdowns and Accidents 78
14.5 Lane Closure / Utility Line Clousres 78
14.6 Reduction of Payment for Non-performance of Maintenance obligations
78
14.7 Employer’s Right to Take Remedial Measures 79
14.8 Restoration of Loss or Damage to Project Works 79
14.9 Overriding Powers of the Employer 79
15 Supervision and Monitoring during Maintenance 81
15.1 Inspection by the Contractor 81
15.2 Inspection and Payments 81
15.3 Tests 82
15.4 Reports of Unusual Occurrence 82
16 Traffic Regulation 83
16.1 Traffic Regulation by the Contractor 83
17 Defects Liability 84
17.1 Defects Liability Period 84
17.2 Remedying Defects 84
17.3 Cost of Remedying Defects 84
17.4 Contractor’s Failure to Rectify Defects 85
17.5 Contractor to Search Cause 85
17.6 Extension of Defects Liability Period 85
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Table of Contents
S. No. Page No. 18 Employer’s Engineer 86
18.1 Appointment of the Employer’s Engineer 86
18.2 Duties and Employer of the Employer’s Engineer 86
18.3 Delegation by the Employer’s Engineer 86
18.4 Instructions of the Employer’s Engineer 87
18.5 Determination by the Employer’s Engineer 87
18.6 Remuneration of the Employer’s Engineer 88
18.7 Termination of the Employer’s Engineer 88
Part IV Financial Covenants 89
19 Payments 90
19.1 Contract Price 90
19.2 Advance Payment 91
19.3 Procedure for Estimating the Payment for the Works 92
19.4 Stage Payment Statement for Works 93
19.5 Stage Payment for Works 93
19.6 Maintenance Statement of the Project Works 94
19.7 Payment for Maintenance of the Project Works 94
19.8 Payment of Damages 95
19.9 Time of Payment and Interest 95
19.10 Price Adjustment for the Works 95
19.11 Discharge 96
19.12 Final Payment Certificate 96
19.13 Final Payment Statement for Maintenance 96
19.14 Change in Law 97
19.15 Correction of Interim Payment Certificates 97
19.16 Employer’s Claims 97
19.17 Bonus for Early Completion 97
20 Insurance 99
20.1 Insurance for Works and Maintenance 99
20.2 Notice to the Employer 100 20.3 Evidence of Insurance Cover 100
20.4 Remedy for Failure to Insure 100
20.5 Waiver of Subrogation 101
20.6 Contractor’s Waiver 101
20.7 Cross Liabilities 101
20.8 Accident or Injury to Workmen 101
20.9 Insurance Against Accident to Workmen 101
20.10 Application of Insurance Proceeds 102
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Table of Contents
S. No. Page No. 20.11 Compliance with Policy Conditions 102
Part V Force Majeure and Termination 103
21 Force Majeure 104
21.1 Force Majeure 104 21.2 Non-Political Event 104 21.3 Indirect Political Event 105 21.4 Political Event 105 21.5 Duty to report Force Majeure Event 106 21.6 Effect of Force Majeure Event on the Agreement 106 21.7 Termination Notice for Force Majeure Event 107 21.8 Termination Payment for Force Majeure Event 107 21.9 Dispute Resolution 108
21.10 Excuse from Performance of Obligations 108 22 Suspension of Contractor’s Rights 109
22.1 Suspension upon Contractor Default 109
22.2 Employer to Act on Behalf of the Contractor 109
22.3 Revocation of Suspension 109
22.4 Termination 110
23 Termination 111
23.1 Termination for Contractor Default 111
23.2 Termination for Employer Default 113
23.3 Termination for Employer’s convenience 114
23.4 Requirements after Termination 114
23.5 Valuation of Unpaid Works 114
23.6 Termination Payment 115
23.7 Other Rights and Obligations of the Parties 116
23.8 Survival of Rights 117
PART VI Other Provisions 118
24 Assignment and Charges 119
24.1 Restrictions on Assignment and Charges 119 24.2 Hypothecation of Materials or Plant 119 25 Liability and Indemnity 120
25.1 General Indemnity 120 25.2 Indemnity by the Contractor 120 25.3 Notice and Contest of CLAIMS 121 25.4 Defence of Claims 121 25.5 No Consequential Claims 122 25.6 Survival on Termination 122
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Table of Contents
S. No. Page No. 26 Dispute Resolution 123
26.1 Dispute Resolution 123 26.2 Conciliation 123 26.3 Arbitration 123 26.4 Adjudication by Regulatory Employer, Tribunal or
Commission 124
27 Miscellaneous 125 27.1 Governing Law and Jurisdiction 125 27.2 Waiver of Immunity 125 27.3 Delayed Payments 125 27.4 Waiver 126 27.5 Liability for Review of Documents and Drawings 126 27.6 Exclusion of Implied Warranties etc. 126 27.7 Survival 126 27.8 Entire Agreement 127 27.9 Severability 127
27.10 No Partnership 127 27.11 Third Parties 128 27.12 Successors and Assigns 128 27.13 Notices 128 27.14 Language 128 27.15 Counterparts 129
27.16 Confidentiality 129
27.17 Copyright and Intellectual Property Rights 129
27.18 Limitation of Liability 130
28 Definitions 134 28.1 Definitions 134
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Schedules:
Schedule-A Site of the Project…………………………………………………….. 144 - 149
Schedule-B Development of the Project …….………………………………….. 150 - 192
Schedule-C Project Facilities……………………………………………………..... 193 - 194
Schedule-D Specifications and Standards……………………………………….. 195 - 262
Schedule-E Maintenance Requirements…………………………………….…... 263 - 270
Schedule-F Applicable Permits………………………………………………..…. 271 - 271
Schedule-G Form of Bank Guarantee……………………………………….…… 272 - 281
Schedule-H Contract Price Weightages…………………………………….……. 282
Schedule-I Drawings………………….……………………………………..….... 283
Schedule-J Project Completion Schedule……………………….………….…… 284
Schedule-K Tests on Completion…………………………………...………..…... 285 - 287
Schedule-L Provisional/ Completion Certificate…………………..…………… 288 - 290
Schedule-M Payment Reduction for Non-compliance……………..…………… 291 - 296
Schedule-N Selection of Employer’s Engineer……………………………….….. 297 - 304
Schedule-O Forms of Payment Statements………………….…………………... 305 - 306
Schedule-P Insurance………………………………………..………………..…... 307 - 309
Schedule-Q 3D BIM Requirements………………………………….………..…... 310 - 378
Schedule-R Guideline for Health, Safety and Environment Plan……...…..…. 379 - 411
Schedule-S Project Management Requirements…………………..……………. 412 - 414
Schedule -T Aerial Photography………………………………………………...... 415 - 418
List of Makes………………………………………………………………………….... 419 - 424
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Part I
Preliminary
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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EPC CONTRACT THIS AGREEMENT is entered into on this the ……….. day of ………, 20….
BETWEEN
The Aurangabad Industrial Township Limited (AITL), represented by its Managing Director, incorporated under Indian laws having its registered office at [Mumbai] (hereinafter referred to as the “Employer” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) of one part;
AND
{------------,} means the selected bidder incorporating under Indian laws having its registered office at ……………, (hereinafter referred to as the “Contractor” which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns) of the Other Part.
WHEREAS:
(A) A special purpose vehicle viz Aurangabad Industrial Township Limited (AITL), is set up (the “Employer”) with the equity participation of Central and State Governments for procurement and Construction of trunk infrastructure in Shendra-Bidkin Industrial Area (SBIA), Aurangabad, Maharashtra.
(B) Accordingly, the Employer has decided to undertake the “Design, Construction, Testing, Commissioning and Operat ion and Maintenance of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC contract Basis, (the “Project), through EPC contract basis, in accordance with the terms and conditions to be set forth in an Agreement to be entered into.
(C) Deleted.
(D) The Employer had prescribed the qual i f icat ion for technical and commercial terms and conditions, and invited bids (the “Request for Qualification (RFQ) cum Request for Proposals (RFP)” ) from the bidders.
(E) After evaluation of the bids received, the Employer had accepted the Bid of the selected bidder and issued its Letter of Acceptance No. …….. Dated ………….. (hereinafter called the “LOA”) to the selected bidder for “Design, Construction, Testing, Commissioning and Operat ion and Maintenance of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC contract Basis, at the contract price specified hereinafter, requiring the selected bidder to inter alia:
(a) deliver to the Employer a legal opinion from the legal counsel of the selected bidder with respect to the authority of the selected bidder to enter into this Agreement and the enforceability of the provisions thereof, within 10 (ten) days of the date of issue of LOA; and
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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(b) Execute this Agreement within 10 (Ten) days of the date of issue of LOA.
(F) The Contractor has fulfilled the requirements specified in Recital (E) above;
NOW THEREFORE in consideration of the foregoing and the respective covenants and Agreements set forth in this Agreement, the sufficiency and adequacy of which is hereby acknowledged, the Employer hereby covenants to pay the Contractor, in consideration of the obligations specified herein, the Contract Price or such other sum as may become payable under the provisions of the Agreement at the times and in the manner specified by the Agreement and intending to be legally bound hereby, the Parties agree as follows:
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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ARTICLE 1
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
The words and expressions beginning with capital letters and defined in this Agreement (including those in Article 28) shall, unless the context otherwise requires, have the meaning ascribed thereto herein, and the words and expressions defined in the Schedules and used therein shall have the meaning ascribed thereto in the Schedules.
1.2 Interpretation
1.2.1 In this Agreement, unless the context otherwise requires,
(a) references to any legislation or any provision thereof shall include amendment or re-enactment or consolidation of such legislation or any provision thereof so far as such amendment or re-enactment or consolidation applies or is capable of applying to any transaction entered into hereunder;
(b) references to laws of India or Indian law or regulation having the force of law shall include the laws, acts, ordinances, rules, regulations, bye laws or notifications which have the force of law in the territory of India and as from time to time may be amended, modified, supplemented, extended or re-enacted;
(c) references to a “person” and words denoting a natural person shall be construed as a reference to any individual, firm, company, corporation, society, trust, Government, state or agency of a state or any association or partnership (whether or not having separate legal personality) of two or more of the above and shall include successors and assigns;
(d) the table of contents, headings or sub-headings in this Agreement are for convenience of reference only and shall not be used in, and shall not affect, the Construction or interpretation of this Agreement;
(e) the words “include” and “including” are to be construed without limitation and shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases;
(f) references to “Construction” or “building” include, unless the context otherwise requires, survey and investigation, design, developing, engineering, procurement, supply of plant, Materials, equipment, labour, delivery, transportation, installation, processing,
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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fabrication, testing, and commissioning of the Project Works, including Maintenance during the Construction Period, removing of defects, if any, and other activities incidental to the Construction and “construct” or “build” shall be construed accordingly;
(g) references to “development” include, unless the context otherwise requires, Construction, renovation, refurbishing, augmentation, upgradation and other activities incidental thereto during the Construction Period, and “develop” shall be construed accordingly;
(h) any reference to any period of time shall mean a reference to that according to Indian standard time;
(i) any reference to day shall mean a reference to a calendar day;
(j) references to a “business day” shall be construed as a reference to a day (other than a Sunday) on which banks in Aurangabad are generally open for business;
(k) any reference to month shall mean a reference to a calendar month as per the Gregorian calendar;
(l) references to any date, period or Project Milestone shall mean and include such date, period or Project Milestone as may be extended pursuant to this Agreement;
(m) any reference to any period commencing “from” a specified day or date and “till” or “until” a specified day or date shall include both such days or dates; provided that if the last day of any period computed under this Agreement is not a business day, then the period shall run until the end of the next business day;
(n) the words importing singular shall include plural and vice versa;
(o) references to any gender shall include the other and the neutral gender;
(p) “lakh” means a hundred thousand (100,000) and “crore” means ten million (10,000,000);
(q) “indebtedness” shall be construed so as to include any obligation (whether incurred as principal or surety) for the payment or repayment of money, whether present or future, actual or contingent;
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(r) references to the “winding-up”, “dissolution”, “insolvency”, or “reorganization” of a company or corporation shall be construed so as to include any equivalent or analogous proceedings under the law of the jurisdiction in which such company or corporation is incorporated or any jurisdiction in which such company or corporation carries on business including the seeking of liquidation, winding-up,re organization, dissolution, arrangement, protection or relief of debtors;
(s) save and except as otherwise provided in this Agreement, any
reference, at any time, to any Agreement, deed, instrument, license or document of any description shall be construed as reference to that Agreement, deed, instrument, license or other document as amended, varied, supplemented, modified or suspended at the time of such reference; provided that this Clause shall not operate so as to increase liabilities or obligations of the Employer hereunder or pursuant hereto in any manner whatsoever;
(t) any Agreement, consent, approval, authorization, notice, communication, information or report required under or pursuant to this Agreement from or by any Party or the Employer’s Engineer shall be valid and effective only if it is in writing under the hand of a duly authorized representative of such Party or the Employer’s Engineer, as the case may be, in this behalf and not otherwise;
(u) the Schedules, any addendum/corrigendum and Recitals to this Agreement form an integral part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement;
(v) references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Agreement shall, except where the context otherwise requires, mean references to Recitals, Articles, Clauses, Sub-clauses and Schedules of or to this Agreement, and references to a Paragraph shall, subject to any contrary indication, be construed as a reference to a Paragraph of this Agreement or of the Schedule in which such reference appears;
(w) the Damages payable by either Party to the other of them, as set forth in this Agreement, whether on per diem basis or otherwise, are mutually agreed genuine per-estimated loss and damage likely to be suffered and incurred by the Party entitled to receive the same and are not by way of penalty (the “Damages”); and
(x) Time shall be of the essence in the performance of the Parties’ respective obligations. If any time period specified herein is extended for the reasons specified in the Agreement, such extended time shall also be of the essence.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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1.2.2 Unless expressly provided otherwise in this Agreement, any Documentation required to be provided or furnished by the Contractor to the Employer shall be provided free of cost and in five copies, and if the Employer is required to return any such Documentation with its comments and/or approval, it shall be entitled to retain two copies thereof.
1.2.3 The rule of Construction, if any, that a contract should be interpreted against the Parties responsible for the drafting and preparation thereof, shall not apply.
1.2.4 Any word or expression used in this Agreement shall, unless otherwise defined or construed in this Agreement, bear its ordinary English meaning and, for these purposes, the General Clauses Act, 1897 shall not apply.
1.3 Measurements and arithmetic conventions
All measurements and calculations shall be in the metric system and calculations done to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5 (five) being rounded down.
1.4 Priority of Agreements and errors/discrepancies
1.4.1 This Agreement, and all other Agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and Agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order:
(a) this Agreement; and
(b) All other Agreements and documents forming part hereof or referred
to herein; i.e. this Agreement at (a) above shall prevail over the Agreements and documents at (b).
1.4.2 Subject to the provisions of Clause 1.4.1, in case of ambiguities or
discrepancies within this Agreement, the following shall apply:
(a) between two or more Clauses of this Agreement, the provisions of a specific Clause/Stringent/better/higher specification relevant to the issue under consideration shall prevail over those in other Clauses;
(b) between the Clauses of this Agreement and the Schedules, the Clauses
shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(c) between any two Schedules, the Schedule relevant to the issue shall
prevail;
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(e) between the dimension scaled from the Drawing and its specific
written dimension, the latter shall prevail; and (f) Between any value written in numerals and that in words, the latter
shall prevail.
1.5 Joint and several liability
1.5.1 If the Contractor has formed a Joint Venture of two or more persons for implementing the Project:
(a) these persons shall, without prejudice to the provisions of this
Agreement, be deemed to be jointly and severally liable to the Employer for the performance of the Agreement; and
(b) the Contractor shall ensure that no change in the composition
of the Consortium is effected without the prior consent of the Employer.
1.5.2 Without prejudice to the joint and several liability of all the members of the Consortium, the Lead Member shall represent all the members of the Consortium and shall at all times be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Consortium shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Employer shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Employer shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or liable for the inter se allocation of payments among members of the Consortium$.
$ This Clause 1.5 may be omitted if the Contractor is not a Corsortium. Even if the
contractor is a Consortium the Authority may, at its discretion, delete this provision
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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Part II
Scope of Project
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
AurangabadIndustrialTownshipLimited
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ARTICLE 2
2. SCOPE OF THE PROJECT
2.1 Scope of the Project
Under this Agreement, the scope of the Project (the “Scope of the Project”) shall mean and include:
(a) Design, Construction, Testing, Commissioning and Operat ion
and Maintenance of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC contract Basis, on the Site set forth in Schedule- A and as specified in Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D;
(b) Maintenance of the Project in accordance with the provisions of this
Agreement and in conformity with the requirements set forth in Schedule-E; and
(c) Performance and fulfillment of all other obligations of the
Contractor in accordance with the provisions of this Agreement and matters incidental thereto or necessary for the performance of any or all of the obligations of the Contractor under this Agreement.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 3
3. OBLIGATIONS OF THE CONTRACTOR
3.1 Obligations of the Contractor
3.1.1 Subject to and on the terms and conditions of this Agreement, the Contractor shall undertake the survey, investigation, design, engineering, procurement, Construction, and Maintenance of the Project Roads and Services/utilities as defined in Scope and observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder.
3.1.2 The Contractor shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement.
3.1.3 Subject to the provisions of Clauses 3.1.1 and 3.1.2, the Contractor shall discharge its obligations in accordance with Good Industry Practice.
3.1.4 The Contractor shall remedy any and all loss or damage to the Project Roads and Services/utilities from the Appointed Date i.e. LOA issued Date until the end of the Construction Period at the Contractor’s cost, save and except to the extent that any such loss or damage shall have arisen from any default or neglect of the Employer.
3.1.5 The Contractor shall remedy any and all loss or damage to the Project Roads and Services/utilities during the Defects Liability Period at the Contractor’s cost to the extent that such loss or damage shall have arisen out of the reasons specified in Clause 17.3.
3.1.6 The Contractor shall remedy any and all loss or damage to the Project Roads and Services/utilities including water supply, sewerage, storm water, etc. during the Maintenance Period at the Contractor’s cost, including those stated in Clause 14.1.2, save and except to the extent that any such loss or damage shall have arisen on account of any default or neglect of the Employer or on account of a Force Majeure Event.
3.1.7 The Contractor shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits set forth in Schedule-F and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licenses, Agreements and permissions for Materials, methods, processes and systems used or incorporated into the Project Roads and Services as cited above;
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Sub-contractors in connection with the performance of its obligations under this Agreement;
(d) ensure and procure that its Sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Contractor’s obligations under this Agreement;
(e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement;
(f) support, cooperate with and facilitate the Employer in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(g) ensure that the Contractor and its Sub-contractors comply with the safety and welfare measures for labor in accordance with the Applicable Laws and Good Industry Practice;
(h) keep, on the Site, a copy of this Agreement, publications named in this Agreement, the Drawings, Documents relating to the Project, and Change of Scope Orders and other communications given under this Agreement. The Employer’s Engineer and its authorized personnel shall have the right of access to all these documents at all reasonable times;
(i) cooperate with other contractors employed by the Employer and personnel of any public authority; and
(j) not interfere unnecessarily or improperly with the convenience of the public, or the access to and use and occupation of all roads and footpaths, irrespective of whether they are public or in the possession of the Employer or of others.
(k) the Contractor shall be responsible for development of 3D BIM model in all stages of Design and Construction as per the requirements mentioned in Schedule Q.
(l) the Contractor shall prepare Project specific Health, safety and Environment plan based on guidelines provided in Schedule-R for implementation.
(m) Contractor and their sub-contractors shall comply with Project Management requirements as mentioned in Schedule-S.
(n) the Contractor shall conduct the aerial photography of the Project as mentioned in Schedule T
3.1.8 The Contractor shall undertake all necessary superintendence to plan, arrange, direct, manage, inspect and test the Works.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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3.1.9 The Contractor shall check the design criteria and calculations (if any) included in the Bid Documents and satisfy itself regarding their accuracy and adequacy. Contractor shall meet the minimum design and sizing requirements specified in the Bid Documents – a design that does not meet such minimum requirement shall not be acceptable and will result in rejection of the bid as non-responsive. Further, if Contractor believes that the minimum design and sizing requirements are not adequate to meet the minimum performance requirements specified, then Contractor shall make whatever upward adjustments to the design and sizing it deems necessary to meet the performance requirements and include these in the Bid Price. Contractor assumes full responsibility for meeting the specified performance requirements and ensuring the adequacy of the Works for this purpose.”
The design criteria provided in respective schedules of the same volume is basic design criteria and has to be met in totality. However, if the Contractor feels that, he requires additional work to meet the contractual conditions, the cost of same shall be deemed to be included in the Price and no extra cost shall be paid over and above the quoted price
3.1.10 The Contractor shall establish a design liaison office headed by a Senior
Design Manager and supported by a team of Mechanical, Electrical, Civil, Process, Engineer/s and reasonable numbers of CAD draughtsman etc. at Aurangabad within 15 days from the Appointed Date to facilitate preparation and submission of designs, drawings, construction documents, etc., for review and approval by the Employer’s Representative. The design liaison office shall preferably be located near the Employer’s Engineer office to facilitate communications and frequent interactions with the Employer’s Representative and the Employer. The Contractor shall maintain the design liaison office until such time as all necessary designs and construction documents have been completed, reviewed, and approved by the Employer’s Representative. The cost of office and its running cost should have deemed to be included in the price bid.
The Contractor will be fully responsible for ensuring that its designs, drawings, and construction documents satisfy all requirements for constructing Works that are complete and fully functional in all respects and meet the Performance Guarantee requirements as well as Environmental requirements.
In addition to the above The Contractor shall establish a Site office headed by its Construction Manager/Project Manager at Site, for which land shall be provided by the Client. However the cost of office equipment’s including furniture etc. and its running cost should have deemed to be included in the price bid.
The set down area required by the Contractor for its construction equipment’s and materials shall be provided by the Client with no cost to the Contractor.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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3.1.11 PROJECT OFFICE FOR THE EMPLOYER’s ENGINEER
(1) The Contractor shall provide, furnish, equip, insure, service, maintain and clean a detached office as detailed in sub clause 3.1.11.1 to this Specification for the exclusive use of the Employer’s Engineer. The office plan and located/position shall be approved by the Employer’s Engineer.
(2) The office shall be ready for use and occupation and fully serviced
within [28] days of the Appointment Date. The office shall be provided until a period of [28] days after the date of issue of the Taking-Over Certificate in respect of the whole of the Works or an earlier date if instructed by the Employer’s Engineer. Following such date, the office shall be removed from the Site.
(3) The Contractor shall arrange at his own expense for the provision and
disconnection on completion of power, potable water, sewerage, drainage, telephone and internet (minimum speed should be 10 Mbps for leased line with fibre optic line and minimum speed should be 50 Mbps for broad band lines with fibre optic line) to the Employer’s Engineer’s office including making all payments to utility providers for connection and use. Where a septic tank is provided, the Contractor shall be responsible for its installation, regular maintenance like emptying and the like, and removal on completion.
(4) The Contractor shall submit full details of the office building to the
Employer’s Engineer for approval prior to erection. The building shall be weatherproof, fire protected, heat-insulated, properly ventilated and secure. Windows shall give adequate light and ventilation [be protected with metal mosquito-proof gauze, have security bars] and have venetian, or other approved, blinds. Ceiling height shall be at least 2.4m above the floor level. All internal partition walls shall be sound insulated. Floors shall be PVC tile covered. Floors in toilets and other wet areas shall have drains. The internal decoration shall be of good standard and to the satisfaction of the Employer’s Engineer. The Contractor shall be responsible for raising the ground where necessary, grading and drainage in the vicinity of the building and providing suitable access and walkways.
(5) Each room shall have at least four double gang 13 amp sockets and
shall be adequately illuminated. Rooms used as offices or meeting rooms shall be air conditioned. The air conditioning shall be adequate to maintain a temperature of not more than [23oC (dry bulb) at a relative humidity of 50% during the hottest season of the year]. The noise level of the air conditioning while operating shall be sufficiently low to allow normal voice level discussions to take place.
(6) The Contractor shall supply, install and maintain fittings, furnishings
and equipment (including computers ( 2 Laptops and 5 Desktops) and related information technology equipment) for the Engineer’s offices and replenish consumables as necessary. The fittings, furnishings and
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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equipment shall be approved by the Engineer before being brought to the Site.
(7) The Contractor shall arrange regular cleaning of the Engineer’s office
to the satisfaction of the Engineer and shall provide cleaners, cleaning equipment and consumables at his own expense.
(8) The Employers Engineer’s office, fittings, furnishings and equipment
supplied by the Contractor will remain the property of the Contractor and will revert to him upon completion of the Contract.
3.1.11.1 PROJECT OFFICE SPECIFICATIONS
1. Introduction:
The following guidelines shall be considered as the main criteria for the safe design, construction, management and operation of the project site office. Where requirements of this guidance conflicts with client requirements, regulatory authority, or other specifications, the more stringent requirements will prevail.
2. General requirements
A layout plan based on the guidelines for the site office and the Contract shall be submitted by the Contractor for review and approval by the Employer Engineer /PMNC prior to start construction works on the site office. All works shall be undertaken in line with the requirements of India HSE Legislation and relevant IS standards.
All certifications, permits and/or licensing that may be required for the site offices shall be obtained by the Contractor and made available for review to the Employer Engineer /PMNC.
Prior to occupation, the Contractor shall ensure that the site office has a valid occupational permit from the relevant authorities.
3. Site layout and location of offices
Site office and car park layout shall allow safe segregation of pedestrian and vehicular traffic, with unobstructed access for emergency vehicles. Adequate lighting is to be provided for the car park and pedestrian walkways.
4. Facility Construction
All materials used for the construction of the offices, shall conform to the requirements of the National Building Code and Local Fire regulations requirements. As a minimum, the materials used shall take into consideration the local climatic conditions and prevent dust, water and other elements from coming into the offices. The offices shall as a minimum have 30 minute fire rating.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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The contractor shall ensure that as-built drawings for the construction of the site office, electricals, plumbing, firefighting and any other operations shall be submitted to the Employer Engineer /PMNC prior to or at the time of occupation.
5. Electrical safety
The design, operation and maintenance of electrical systems for the site office shall meet the requirements of the National Building Code. As a minimum the Contractor shall ensure that RCD’s (residual circuit breaker) are used for protection of the circuits and take care to ensure that joints are minimized in the electrical cables.
If generators are to be used then they must be adequate for the site load, serviced and maintained and shall meet the requirements of the Local Fire regulations for fire precautions and the Ministry of Environment for air emissions.
6. Lighting
Provisions shall be made for natural lighting through windows or through roof lights to be at least 10% of the office floor area. Ambient light levels in offices and surrounding areas including pathways, car park and emergency exits should conform to required lux levels. Lighting inside the site office shall be suitable for the works being undertaken in the site office environment.
7. Ventilation
The site offices shall be sufficiently ventilated and provide air circulation that is free of impurities. Windows shall be designed such that at least 50 % of the window shall be openable and have insect mesh screens.
8. Temperature
The temperatures inside offices should be capable of being maintained within 200C to 250C. The temperature shall be such that they should provide comfort without the need of special clothing.
9. Noise Levels
Provisions shall be made for noise levels inside the office to be less than 50Dba. Where noise levels inside the office exceed 50Dba, provisions shall be made for sound proofing (as required).
10. Sanitary facilities
Sufficient, adequately ventilated, sanitary conveniences must be provided with 1 x Toilet cubicle, 2x urinals and 1 x hand wash basin
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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per 10 occupants as a minimum. These facilities shall have a supply of clean hot and cold water for washing purposes, supply of soap and paper towels.
Separate facilities shall be provided for men & women and they shall have doors that are lockable from the inside. The surfaces of internal walls and floors of these facilities shall have a surface which permits wet cleaning.
One additional washroom directly accessible from the outside shall be provided for use by drivers/security staff. This washroom shall contain 1 urinals, 1 WCs and 1 wash basins.
These facilities shall be adequately ventilated and aerated with proper exhaust. Care shall be taken to ensure that air from these facilities do not mix or enter any facilities that may be used to prepare, cook and consume food.
11. Drinking water and Kitchen facilities
A dedicated facility for preparing and eating food must be provided, with suitable storage to store food. The kitchen facility shall not be placed adjacent to the sanitary facilities. As a minimum it shall be equipped with double drainer sink unit with adequate plumbing, work surfaces and storage cupboards, kettle, microwave, refrigerator, hot plate, etc.
The use of LPG shall be kept to a minimum and a hot plate shall be the preferred choice of cook top. Adequate supply of wholesome potable drinking water must be available at all times.
12. Shower & changing facility
Separate changing rooms (male and female) shall be provided for personnel to change their clothing for work. These rooms shall include facilities for shower.
13. Access and doors
Access to the office compound must have an adequate security, an access control presence to control entry to the site.
Main access doors to the office facilities should have vision panels and access steps including the landing area must be constructed or coated with non-slip materials. Where there are two or more steps at entrances a handrail must be provided.
14. Pest Control
The site office shall have all necessary and effective measures to prevent rodents, insects and other pests inside and in the vicinity of the office. This shall include a maintenance contract with a company
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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specialized in prevention of rodents & pests.
15. Car Park Facilities
The site office shall have a covered car park that can accommodate 10 vehicles (Exclusively for PMNC/Employer). The car park shall be well lit, in a hard-standing area, with appropriate surface drainage. The car park shall be adjacent to the site office separated at least by 10 meters and not more than 50 meters from the site office.
16. Space Requirements
The site offices shall either be in one block or separate blocks connected by covered walkways. The accommodation shall comprise the following separate rooms or zones:
Room Area Consideration
Reception/secretarial area 20 m2
Conference room (connecting to Project Manager’s office)
60 m2
Project Manager’s/Client Manager office 30 m2
Resident Engineers’/client offices (2 No) each 20 m2
Site engineers’ and inspectors open configuration(5 No’s)
Printing room 20 m2
Filing and storage room with adequate racks for keeping all drawings and documents
100 m2
Toilet/washroom/kitchen zone minimum 80 m2
17. Environmental Management
The office facilities shall be part of the contractors Environmental Management System (EMS) and managed accordingly. The site waste management plan should cover office facility environmental and waste issues such as:
Water waste
Food waste
Recycling of paper, cardboard and printer cartridges
Power saving
Noise suppression where required
Prevention of dust ingress from site
18. Maintenance and Cleaning
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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The office facilities shall have a routine maintenance and emergency repair protocols for the fire alarm system, air conditioning, water purification, emergency lighting, building electrical testing, drainage system, etc.
The contractor will be responsible for daily cleaning and maintenance of the field offices. The Contractor shall ensure that a cleaning regime will be in place to maintain acceptable levels of food hygiene standards and sanitation and cleanliness. The facilities should be routinely cleaned with suitable cleaning techniques appropriate for areas such as:
General office area and windows
Kitchen facilities
Toilets and changing rooms
General surroundings (car parks).
19. Fire safety
The office shall have a fire alarm system, conforming to local fire brigade requirements, installed, by an approved contractor and under a routine maintenance agreement. As a minimum the site office shall have - Fire detection in the form of smoke alarms and fire extinguishers. These shall be provided all across the site office including common areas and kitchen. The office shall have two designated exits as a minimum.
A fire muster point must be located away from the building, with clear signage and cover for shade. There should be a minimum of two exits to facilitate the egress.
20. First Aid
A first aid kit shall be provided in the office. The contents of the first aid kit shall meet the requirements of the ‘Red Cross Society’. The first aid kit and its contents shall be maintained regularly.
21. Work stations & Seating Arrangements
The offices shall have work stations and seating arrangements that are suitable to the work being undertaken in the offices. As a minimum ‘Wipro’ and ‘Featherlite’ shall be the preferred brand for work stations and chairs. The desks and seating arrangements shall meet the following requirements:
Desk Dimensions: All desks provided shall have a clear working space of 1200mm (length) x 800mm (depth). Leg space under the desk shall be a minimum of 1000mm. If materials such as a desktop computer, laptop, pedestals, inverter or such are to be used
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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additional space shall be considered.
Seating chairs: All seating chairs provided shall as a minimum have Height, Seat, Backrest and Arms adjustability. They shall provide good lumbar support and have adequate tilt mechanism.
22. Emergency Arrangements
An emergency plan shall be developed for the site office in line with accepted best practice and local regulations and issued to the Employers Enginner/PMNC for review and approval prior to occupation, including arrangement for Fire drills, periodic testing of equipment
23. Fuel Storage Safety
Fuel and oil storage tanks should be in bunded storage areas that comply with environmental legislation (typically can contain 110% of maximum fuel tank capacity). They should be at least 6m safe distance from office facilities (more may be required for larger storage facilities).
24. Furniture Requirements for the site office
The following furniture shall be provided, as a minimum, in the Project Manager’s office:
1 No executive desk
4 No swivel chairs on castors
1 No bookcase
1 No bulletin board
1 No lockable cupboard
1 No 4-drawer lockable filing cabinets
Hooks for hanging safety jackets and hats
The following furniture shall be provided, as a minimum, in each of the remaining offices provided for the Engineer’s staff:
2 No desks
3 No swivel chairs on castors for each desk in Resident Engineers’ office and 2 No swivel chairs on castors for each desk in Site engineers’ and inspectors' offices
2 No bookcases
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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2 No bulletin boards
2 No lockable cupboards
2 No 4-drawer lockable filing cabinets
Hooks for hanging safety jackets and hats.
The following furniture shall be provided, as a minimum, in the reception/secretarial area:
1 No reception desk
1 No swivel chair on castors
2 No two-seater sofas
1 No coffee table
1 No bulletin board
1 No bookcase
1 No 4-drawer lockable filing cabinet.
The following furniture shall be provided, as a minimum, in the conference room:
1 No long conference table (min. 17 numbers seat capacity)
26 No swivel chairs
White boards and bulletin boards of size, type and numbers to be approved by the Engineer.
The kitchen area shall be equipped with kettle/water boiler, cool drinking water dispenser, fridge, microwave oven, fire extinguisher, first aid kit, cups, plates and utensils, as necessary and in numbers adequate for the size of team occupying these facilities. The occupation of the site offices shall consider visitors to the office such as Clients, Investors and other stake holders.
The kitchen, washroom and toilet facilities shall be provided with an adequate supply of essential materials including soap, towels and toilet paper, as required by the Engineer.
Other Facilities to be provided
2 No combined 60 pages per minute black and white and 45 pages per minute full colour A4 and A3 multifunctional laser printer/scanner/copier, with document auto feeder, tandem paper trays, paper bypass, 2- sided printing, high capacity
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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internal memory, network enabled, Windows compatible
1 No laser colour A0 paper size multifunction plotter/scanner/copier, minimum plotting resolution 2400 x 1200 dpi, with roll feed and collection basket, high capacity internal memory, network enabled, Windows compatible
1 No black and white and colour combined A4 and A3 photocopier, with document feeder, duplex and reduction/zoom capability
1 No facsimile machine (if a landline is available)
1 No telephone in the reception/secretarial area, Project Manager’s and each of Resident Engineer’s offices (if a landline is available)
1 No LCD projector and screen and 1 No conference telephone with loudspeaker in the conference room and in the meeting room.
All printers and the plotter shall be connected to the office computers via an internal network for print sharing.
All computers shall be connected to the internet via high speed broadband with additional Wi-Fi connection available for visitors.
All computers, printers, plotters and photocopier shall be connected to voltage regulators and UPS (uninterrupted power supply) units, the latter being able to bridge power cuts up to 15 minutes.
Adequate Steel cabinets for storage of file and drawings separately in document control room.
Adequate Drawing storage cabinets
All stationery and office supplies as required by the PMNC/Client
All the different area of the site office shall be connected with an intercom facility.
3.1.12 The Contractor shall at any time during the contract period including O&M shall provide new at-lest 2 numbers of SUV (Air conditioned) vehicles with Driver, required Manpower, all fuel, lubricants (POL) etc. for PMNC/Employer/Employer staff/project staff and maintain and keep them in good health at all times. The contractor shall also maintain all insurances with respect to the same throughout the contract period. The contractor shall provide the maintenance logs every quarter. The minimum monthly travel per month shall be 5200 km.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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3.1.13 Labor Camp Guidelines Background
These guidelines are aimed at providing practical guidance and basic standards to Contractors on the standards that should be applied to the planning, construction and provision of workers’ accommodation on the SBIA Project.
All works shall be undertaken in accordance with India HSE legislation and IS standards. Where there is a conflict, the more stringent legislation shall apply.
General design requirements
When choosing the site intended for workers’ accommodation, the Contractor shall ensure that the site is atleast a 300 meters away from any construction works. Only single level buildings shall be built and the space between two buildings shall not be less than 5 meters. In case the Contractor proposes to build multi level facility, detailed drawings/ design for the same including safety and fire fighting services shall be submitted and approved by the local authorities.
All buildings, structures, life safety devices and safe guards and parts thereof of the worker accommodation, shall as a minimum meet the requirements of the ‘National Building Code of India’ and ‘Maharastra Life Prevention and Life safety Act’ and be maintained in a safe condition at all times.
The Contractor shall ensure that a drawing showing the details of the worker accommodation including general location, horizontal projections, facades, sections, constructional and electric plans, fire fighting plans, sanitary drainage and roads is maintained and submitted to the PMNC. This drawing shall be kept uptodate by the Contractor at all times.
Materials
The worker accommodation units (including kitchen & sanitary facilities) shall be built with concrete blocks or cement wall blocks. The flooring shall also be made of concrete and shall be non slip. Non flammable materials shall be used and the Contractor shall ensure that as far as practicable only sustainable materials are used.
The Contractor shall ensure that all materials used to build the workers accommodation (including roofing material) are weather proof. The use of only GI sheets for roofing shall be prohibited
Outdoor Requirements
The area leading from the workers accommodation buildings should be sufficient for safe movement of people and vehicles within the labor accommodation. All corridors within the labor accommodation shall be paved such that, as a minimum they are capable of of supporting vehicle movements (including emergency vehicles such as ambulances and fire trucks) in all weather conditions. Corridors in between buildings shall be a minimum of 3
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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meters wide and shall allow for easy movement of an emergency vehicle (fire brigade/ambulance). Lighting
All areas of the workers accommodation shall be lit adequately. The Contractor shall ensure that all outdoor lighting is suitable for the weather conditions. Consideration shall be given to sustainable/low power consumption light luminaries. Light levels as a minimum shall meet the following requirements:
Location Area / Activity Minimum / Average
(Lux)
General Passages & corridors inside building
100
Passages outside building 50
Residential area /units Bedrooms 100 Kitchens 150 Bathrooms & Toilets 100
Emergency areas First aid room 300 Recreational areas 200
The outdoor lighting shall allow the pedestrians to distinguish the borders of the sidewalks/corridors, direction changes, crossroads and any obstacles or potential risks. Changes in gradation in any locations should have more lighting than the passages. The lighting poles/towers shall be placed in a way so as not to obstruct pedestrian and emergency vehicle movement. Electricity
The design, operation and maintenance of electrical systems for the labor accommodation shall meet the requirements of the National Building Code. As a minimum the Contractor shall ensure that RCD’s (residual circuit breaker) are used for protection of the circuits and take care to ensure that joints are minimized in the electrical cables. All electrical shall have adequate earthing and shall be maintained with regular periodic checks. Firefighting Equipment and Emergency Exits
The workers accommodation shall be provided with adequate fire detection and fire fighting equipment. These shall be provided as per the Fire Prevention & Life Safety Act/National Building Code.
Dwelling Units
No dwelling units shall be of a space less than 3.5m x 3.5m (inner dimensions) and each worker shall have a space of not less than 3.5 m2. In the case of bigger rooms, the number of workers allowed per room shall be kept under 10 while observing the specified individual space area for each worker. The ceiling of the rooms shall be not less than 2.5 meters high and each room shall have adequate natural ventilation which will allow for natural light into the room and a door which is lockable from inside and outside.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Each worker shall be provided with an individual bed and where preferred a cot. No bunk beds shall be allowed. The space inbetween the beds shall not be less than 2 feet on either side. Where cots are provided, the cot shall not be less than 12 inches from the floor. Each worker shall be provided with his own sleeping area even in the case of work in shifts. Each worker shall be provided with storage space to keep his belongings. Provision shall be made for workers to store their footwear outside the rooms. No cooking or washing shall be allowed inside the rooms.
Sanitary Facilities
The sanitary facilities shall not be located at a distance of more than 50 meters from the main accommodation blocks and no closer than 50 meters from any food/kitchen facility. Sanitary facilities shall be provided such that an individual will not need to pass through a dwelling room to access the facility.
Sanitary facilities shall be provided such that there is 1 toilet & 1 bathroom for every 10 people and one urinal for every 20 people. Urinals may be replaced by toilets (one toilet for every 2 urinals). Toilet and bathroom shall not be provided in the same cubicle. Sanitary facilities shall have a window to allow for natural ventilation and have a door that is lockable from inside.
The sanitary facilities shall be cleaned on a daily basis and maintained regularly.
Kitchens
The kitchen facilty provided shall take into consideration the number/groups of people staying in the accommodation and shall allow for multiple groups of people to cook together.
The kitchen shall be provided with a supply of portable drinking water and appropriate storage areas for different kinds of food.
The area used to wash utensils shall be separate from the kitchen.
Gas cylinders should be placed outside the building and shaded from sunlight.
The kitchen should be equipped with non toxic pest control means (meshing) to prevent rodent infestation.
The kitchen area shall be cleaned on a daily basis.
Medical care
The Contractor shall ensure that the workers staying within the Labor accommodation have access to medical facilities 24hours of the day. If access to this medical facility requires the labor to travel outside the perimeter of the accommodation, the Contractor shall ensure that a vehicle is available 24x7. In such cases, provision of a first aid will be available within the labor accommodation.
Washing facility
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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The washing area (to wash clothes) shall be separate from the accommodation rooms and toilet facilities. The washing area shall have adequate water supply and not be placed near the kitchen or cooking area.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Waste disposal
Waste that is accumulated from the labor accommodation shall be disposed off in a manner that complies with the Ministry of Environment regulations. The Contractor shall ensure that waste is collected and disposed off on a regular basis (no longer than 7 days for general waste and no more than 2 days for kitchen waste) and that no waste is burned. The kitchen and accommodation blocks shall be provided with separate waste bins.
Adequate sewage tanks shall be built for the sanitary facilities (toilets, bathroms and wash area) and provision shall be made to ensure that the sewage can be disposed off safely. Care shall be taken to ensure that the sewage tanks are not close to the dwelling rooms & cooking facility (atleast 50 meters away). Tanks shall be built such that they do not leak into the soil and stacks (provided for ventilation) are at sufficient height and that fumes do not affect the accommodation area.
Drinking water
Fresh portable drinking water shall be available for cooking and consumption within the labor accommodation. Any water stored in tanks shall be filtered through a filteration system before it is consumed. Holding tanks shall be cleaned on a monthly basis as a minimum and water tested for portability.
Accommodation Management
The Contractor shall ensure that the labor accomodation shall have a designated person who is in charge of safely managing the accommodation. The designated person shall be responsible for the day to day running of the accommodation.
Recreation
The Contractor shall ensure provision for suitable recreation activities (such as volleyball, cricket or football) is available within the worker accomodation.
3.2. Obligations relating to sub-contracts and any other Agreements
3.2.1 The Contractor shall not sub-contract any Works in more than 50% (fifty per cent)
of the total Contract Price of the Project and shall carry out Works directly under its own supervision and through its own personnel in at least 50% (fifty per cent) of the total Contract Price of the Project. Provided, however, that in respect of the Works carried out directly by the Contractor, it may enter into contracts for the supply and installation of Materials, Plant, equipment, road furniture, safety devices and labor, as the case may be, for such Works. For the avoidance of doubt, the Parties agree that the Contractor may sub-divide the aforesaid Works of 50% (fifty per cent) in no more than 5 (five) sections of the Project Scope. The Parties further agree that all obligations and liabilities under this Agreement for the entire Project Works shall at all times remain with the Contractor. In case of a Joint Venture, the Parties also agree that obligation of the Contractor to carry out Works directly in at least 50% (fifty per cent) of the total Contract Price of the Project shall be discharged solely by the Lead Member.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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3.2.2 In the event any sub-contract for Works, or the aggregate of such subcontracts with any Sub-contractor, exceeds 5% (five percent) of the Contract Price, the Contractor shall communicate the name and particulars, including the relevant experience of the sub-contractor, to the Employer prior to entering into any such sub-contract. The Employer shall examine the particulars of the sub- contractor from the National Security and public interest perspective and may require the Contractor, no later than 15 (fifteen) business days from the date of receiving the communication from the Contractor, not to proceed with the sub- contract, and the Sub-Contractor shall comply therewith.
3.2.3 In the event any sub-contract referred to in Clause 3.2.2 relates to a subcontractor
who has, over the preceding 3 (three) years, not undertaken at least one work of a similar nature with a contract value exceeding 40% (forty per cent) of the value of the sub-contract to be awarded hereunder and received payments in respect thereof for an amount equal to at least such 40% (forty per cent), the Employer may, no later than 15 (fifteen) business days from the date of receiving the communication from the Contractor, require the Contractor not to proceed with such sub-contract, and the Contractor shall comply therewith.
3.2.4 It is expressly agreed that the Contractor shall, at all times, be responsible and liable
for all its obligations under this Agreement notwithstanding anything contained in the Agreements with its Sub-contractors or any other Agreement that may be entered into by the Contractor, and no default under any such Agreement shall excuse the Contractor from its obligations or liability hereunder.
3.3 Employment of Foreign Nationals
The Contractor acknowledges, agrees and undertakes that employment of foreign personnel by the Contractor and/ or its Sub-contractors and their subcontractors shall be subject to grant of requisite regulatory permits and Approvals including employment/residential visas and work permits, if any required, and the obligation to apply for and obtain the same shall and will always be of the Contractor. Notwithstanding anything to the contrary contained in this Agreement, refusal of or inability to obtain any such permits and approvals by the Contractor or any of its Sub-contractors or their sub-contractors shall not constitute Force Majeure Event, and shall not in any manner excuse the Contractor from the performance and discharge of its obligations and liabilities under this Agreement.
3.4 Contractor’s Personnel
3.4.1 The Contractor shall ensure that all the personnel engaged by it or by its Subcontractors in the performance of its obligations under this Agreement are at all times appropriately qualified, skilled and experienced in their respective functions in conformity with Good Industry Practice.
3.4.2 The Employer’s Engineer may, for reasons to be specified in writing, direct the Contractor to remove any member of the Contractor’s or Subcontractor’s personnel. Provided that any such direction issued by the Employer’s Engineer shall specify the reasons for the removal of such person.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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3.4.3 The Contractor shall on receiving such a direction from the Employer’s Engineer order for the removal of such person or persons comply with directions with immediate effect. It shall be the duty of the Contractor to ensure that such persons are evicted from the Site within 10 (ten) days of any such direction being issued in pursuance of Clause 3.4.2. The Contractor shall further ensure that such persons have no further connection with the Works or Maintenance under this Agreement. The Contractor shall then appoint (or cause to be appointed) a replacement.
3.5 Advertisement on Project Site
The Project Site or any part thereof shall not be used in any manner to advertise any commercial product or services.
3.6 Contractor's Care of the Works
The Contractor shall bear full risk in and take full responsibility for the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Provisional Certificate (with respect to the Works completed prior to the issuance of the Provisional Certificate) and/or Completion Certificate (with respect to the Works referred to in the Punch List), save and except to the extent that any such loss or damage shall have arisen from any default or neglect of the Employer.
3.7 Electricity, Water and other Services
3.7.1. For Construction Period: The Contractor shall be responsible for provision of all
power, water, and other services he may require for performance of the Construction period of Contract including hydro-testing pipes and tanks/ structures. This includes contacting the appropriate utility or service providers and applying for connections as necessary. The contractor shall, at his own risk and cost, provide all piping, fittings, and other equipment necessary for his use and for metering of the water and any treatment needed. The Contractor is to ensure that the quality of Water remains suitable for the purpose for which it is intended.
3.7.2. For Trial Run and Commissioning, Performance Test and O&M Period
The power and water shall be supplied free of cost by the Employer. Be noted, if sewerage and /or industrial effluent can’t be provided by Employer, for any reasons for trial run and commissioning of the sewerage and effluent networks, water shall be provided and payments shall be made after successful commissioning of the same. However water shall be provided by employer for trial run and commissioning of the recycled water networks. The amount against the same shall be withheld for a period of Four years from the issue of provisional completion certificate. However the on the request of the contractor, the same may be realesed against a Bank guarantee valid for three years for an amount equal to 110% of the withheld amount.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Be noted, the O&M for other poject components/ facilities shall begin after issue of provisional certificate and shall be paid for the project components for which the certificate has been issued according to Article 14 of the said agreement.
3.8 Unforeseeable Difficulties
Except as otherwise stated in the Agreement:
(a) The Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works;
(b) The Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs; and
(c) The Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs.
3.9 Setting of Field Quality Laboratory at Project
The Contractor will be required to establish a field laboratory within 30 days from appointed date as approved by Employers Representative, suitably equipped to carry out tests as stipulated in the QA/QC Manual, Including all specialized equipment which will be required for testing the material and Equipment being supplied under the Contract. Suitable trained laboratory staff will have to be posted with full facility of computerized record keeping. The minimum equipment to be provided in the laboratory shall be as listed. Additional equipment as may be deemed necessary may be added to the same in due course on requirement of the Employer/Contractor. The Contractor shall provide a laboratory as approved by Employer’s Representative for the testing of materials. In addition to the equipment in the laboratory, the Contractor will also provide field Testing equipment as directed by the Employer’s Representative on sites where work is in progress. The contractor shall install a concrete batching plant of minimum 30 cum per hour or more as required capacity within the site premises The laboratory shall have the following facilities required for sampling and testing materials and concrete in the field. All such facilities shall be provided by the Contractor at no extra cost to the Employer. The following equipment with operators shall be made available at Employers /Employers Representative request (all must be in serviceable condition.
3.10 The contractor shall install crusher and hot mix plant at site within 60 days from the appointed date.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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LAB EQUIPMENT LIST
Sr. No.
Description of Apparatus Size/Type Unit
Remarks
1 Electronic Balance 300 kg Cap Nos.
As per site requirement
Electronic Balance 50 kg Cap No.
As per site requirement
2 Electronic Balance 30 kg Cap Nos.
As per site requirement
Electronic Balance 10 kg Cap Nos.
As per site requirement
3 Electronic Balance 6 Kg Cap Nos.
As per site requirement
4 Electronic Balance 500gm Cap Nos.
As per site requirement
5 Pan Balance 25 Kg Cap Nos.
As per site requirement
6 Pan Balance 20 Kg cap Nos.
As per site requirement
7 Pan Balance 5 Kg Cap Nos.
As per site requirement
8 Electrical Oven 24 ' x 24' x 24' Nos.
As per site requirement
9 Water Heater Nos.
As per site requirement
10 Hygro- Thermometer Clock Nos.
As per site requirement
11 Steel Scale 12' Nos.
As per site requirement
12 Digital Thermometer with max.min Hygro Meter Nos.
As per site requirement
13 Dail Type thermometer Nos.
As per site requirement
14 Glass Hg Thermometer Nos.
As per site requirement
15 Infrared Distant Thermometer Nos.
As per site requirement
16 Enamel Trays 600x450x50 mm Nos.
As per site requirement
Enamel Trays 450x300x50 mm Nos.
As per site requirement
17 Enamel Trays 300x250x40 mm Nos.
As per site requirement
18 Stop Watch Nos.
As per site requirement
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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19 Asbestos Gloves Nos.
As per site requirement
20 Rubber Gloves Nos.
As per site requirement
21 Rain Guage Nos.
As per site requirement
As per site requirement
Soil Testing Appratus.
22 Cone Penetrometer
As per 2720 (part 5) Nos.
As per site requirement
23 Atterberg Limit Apparatus Nos.
As per site requirement
24 Proctor Compaction Apparatus
2250 cc With Rammer Set
As per site requirement
25 Proctor Compaction Apparatus
1000 cc with Rammer Set
As per site requirement
26 Spatula 20 cm long Nos.
As per site requirement
27 Dial guage (0.01 mm/division) Nos.
As per site requirement
28 Sand Pouring Cylinder 115 mm Dia Set
As per site requirement
29 Sand Pouring Cylinder 165 mm dia Nos.
As per site requirement
30 Sand Pouring Cylinder 215 mm dia Nos.
As per site requirement
31 Rapid Moisture Meter Nos.
As per site requirement
32 CBR Testing Machine IS 27020 (P 16) Nos.
As per site requirement
33 Proving Ring 50 KN Nos.
As per site requirement
34 Proving Ring 25 KN Nos.
As per site requirement
35 Proving Ring 10 KN Nos.
As per site requirement
36 CBR Plunger Nos.
As per site requirement
37 CBR Mould 150 mm Dia Nos.
As per site requirement
38 Surcharge Weight Nos.
As per site requirement
39 Spacer Dish Nos.
As per site requirement
40 Perforated Brass Plate Nos.
As per site requirement
41 Borosil Cylinder 100ml Cap Nos.
As per site requirement
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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42 Measuring Cylinder
100,250,500,1000 ml Nos.
As per site requirement
43 Aluminium Container 100 gms Cap Nos.
As per site requirement
44 Aluminium Container 50 gms Cap Nos.
As per site requirement
45 Glass Plate 600 x 600 x 10 mm Nos.
As per site requirement
As per site requirement
Aggregate Test Appratus
46 Wire Basket for Specific Gravity Set
As per site requirement
47 Flakiness & Elongation Guage Set
As per site requirement
48 Aggregate Impact Value Set
As per site requirement
49 Standard measured Cylinder 3, 15, 30 lt. Nos.
As per site requirement
50 Pycnometer Bottle Nos.
As per site requirement
51 10% Fine Value Mould Nos.
As per site requirement
52 GMM Flask Apparatus Nos.
As per site requirement
Sieve Shaker No.
As per site requirement
As per site requirement
Cement/Concrete Test Appratus.
53 Slump cone with 16 mm Tamping rod Nos.
As per site requirement
54 Concrete cube mould Nos.
As per site requirement
55 Concrete beam mould Nos.
As per site requirement
56 Compressing Testing Machine 2000 KN Nos.
As per site requirement
57 Flexural strength testing machine Nos.
As per site requirement
58 cement cube casting machine Nos.
As per site requirement
59 Cement cube mould 7.06 x 7.06 x 7.06 Nos.
As per site requirement
60 Vicat Appratus Nos.
As per site requirement
61 Standard sand Zone- I,II,III Nos.
As per site requirement
62 Baby Mixture Nos. As per site
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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requirement
63 Vibrator Table Nos.
As per site requirement
64 DLC hammer Nos.
As per site requirement
Bitumen Apparatus.
65 Automatic Pentrometer Set
As per site requirement
Electric Hot Plate Nos.
As per site requirement
66 Penetrometer Mould 55 x 35 cm Set
As per site requirement
67 Softing Point Appratus 01 Nos. Nos.
As per site requirement
68 Borosil Breaker Nos.
As per site requirement
69 Flash and Fire Point Nos.
As per site requirement
70 Ductility Testing Machine 01 Nos. Nos.
As per site requirement
71 Constant Temprature Water Bath 01 Nos. Nos.
As per site requirement
72 Marshall Testing Machine Nos.
As per site requirement
73 Marshall Mould Nos.
As per site requirement
74 Marshall Rammer 4.5 Kg Nos.
As per site requirement
75 Marshall Compaction Pedestal Nos.
As per site requirement
76 Electrical Bitumen Extractor Nos.
As per site requirement
77 Viscometer Appratus Nos.
As per site requirement
78 Filter Paper 24 cm, 15cm, 1 cm Pkt.
As per site requirement
79 Sp. Gravity Bottle (Bitumen) Nos.
As per site requirement
80 Core Cutter Machine Nos.
As per site requirement
81 Aluminium Trays 700x400x50 mm Nos.
As per site requirement
82 Weighing Stone 20 Kg. No.
As per site requirement
10 Kg. No. As per site requirement
05 Kg. Nos. As per site requirement
02 Kg. Nos. As per site requirement
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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01 Kg. No. As per site requirement
500 Gms. Nos. As per site requirement
200 Gms. Nos. As per site requirement
100 Gms. Nos. As per site requirement
50 Gms. No. As per site requirement
Standard Test Sieve
83 75 mm
450 mm Dia Nos.
As per site requirement
63 mm Nos.
As per site requirement
53 mm Nos.
As per site requirement
50 mm Nos.
As per site requirement
45 mm Nos.
As per site requirement
40 mm Nos.
As per site requirement
37.5 mm Nos.
As per site requirement
31.5 mm Nos.
As per site requirement
26.5 mm Nos.
As per site requirement
25 mm Nos.
As per site requirement
22.4 mm No.
As per site requirement
20 mm Nos.
As per site requirement
19 mm Nos.
As per site requirement
16 mm Nos.
As per site requirement
14 mm Nos.
As per site requirement
13.2 mm Nos.
As per site requirement
12.5 mm Nos.
As per site requirement
11.2 mm Nos.
As per site requirement
10 mm Nos.
As per site requirement
9.5 mm Nos. As per site
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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requirement
6.3 mm Nos.
As per site requirement
5.6 mm Nos.
As per site requirement
4.75 mm Nos.
As per site requirement
2.36 mm
Nos.
As per site requirement
2.00 mm
No.
As per site requirement
86 45mm
300 mm Dia No.
As per site requirement
37.5 mm No.
As per site requirement
25 mm No.
As per site requirement
20 mm No.
As per site requirement
19 mm No.
As per site requirement
16 mm No.
As per site requirement
12.5 mm No.
As per site requirement
11.2 mm No.
As per site requirement
10 mm No.
As per site requirement
9.5 mm No.
As per site requirement
4.75 mm No.
As per site requirement
2.36 mm No.
As per site requirement
87 40 mm
200 mm Dia Nos.
As per site requirement
10 mm Nos.
As per site requirement
4.75 mm Nos.
As per site requirement
2.36 mm Nos.
As per site requirement
2.00 mm Nos.
As per site requirement
1.70 mm Nos.
As per site requirement
1.18 mm Nos.
As per site requirement
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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1.00 mm Nos.
As per site requirement
0.710 mm Nos.
As per site requirement
0.600 mm Nos.
As per site requirement
0.500 mm Nos.
As per site requirement
0.425 mm Nos.
As per site requirement
0.300 mm Nos.
As per site requirement
0.212 mm Nos.
As per site requirement
0.150 mm Nos.
As per site requirement
0.125 mm Nos.
As per site requirement
0.090 mm Nos.
As per site requirement
0.075 mm Nos.
As per site requirement
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 4
4. OBLIGATIONS OF THE EMPLOYER
4.1 Obligations of the Employer
4.1.1 The Employer shall, at its own cost and expense, undertake, comply with and
perform all its obligations set out in this Agreement or arising hereunder. To assist in due discharge of its obligation, the Employer has appointed
Programme Manager for New Cities, (“PMNC”). The role of the PMNC is to perform activities necessary to plan, integrate, package, administer, and manage the implementation of SBIA Projects, of which AURIC BIA is a part. Specifically, the PMNC will be responsible for conceptualization of Projects and further, during the design and Construction stage, overseeing the work of consultants and contractors, including reviewing, monitoring, resolution of interface issues, and reporting to the State nodal agency and AITL on the Programme progress. All communications relating to contract management on this Project shall be submitted to the PMNC for final approval of Employer.
4.1.2 The Employer shall be responsible for the correctness of the Scope of the Project and Project Facilities required for the proposed contract.
4.1.3 The Employer shall provide to the Contractor:
(a) upon receiving the Performance Security under Clause 7.1.1 and signing of the Contract Agreement under clause 27.8, the Employer shall provide all environmental clearances as required under Clause 4.2.
4.1.4 Not used.
4.1.5 Not used.
4.1.6 The Employer agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:
(a) upon written request from the Contractor, and subject to the Contractor
complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project;
(b) upon written request from the Contractor, provide reasonable
assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services;
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Page47
(c) that no barriers that would have a Material Adverse Effect on the Works are erected or placed on or about the Project Site by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, law and order or collection of inter-state Taxes;
(d) not do or omit to do any act, deed or thing which may in any manner be
violative of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the
implementation of the Project in accordance with the provisions of this Agreement; and
(f) upon written request from the Contractor and subject to the
provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Subcontractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the Agreements with the Subcontractors.
4.2 Environmental Clearances
The Employer represents and warrants that the environmental clearances required for Construction of the Project have being procured by the Employer. Copy of the EC clearance will be provided to the appointed contractor. The same can be download from the MOEF website if required by the contractor
Further, the contractor shall be required to comply with the conditions and requireemnts stipulated in ESMP and the environmental clearance which is mandatory to be followed during the construction and operational phase as part of Contractor’s Environmental Plan for the Project.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 5
5. REPRESENTATIONS AND WARRANTIES
5.1 Representations and warranties of the Contractor
The Contractor represents and warrants to the Employer that:
(a) It is duly organized and validly existing under the laws of India, and has full power and authority/capability to execute and perform its obligations under this Agreement and to carry out the transactions contemplated hereby;
(b) it has taken all necessary corporate and/or other actions under Applicable Laws to authorize the execution and delivery of this Agreement and to validly exercise its rights and perform its obligations under this Agreement;
(c) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, and its obligations under this Agreement will be legally valid, binding and enforceable against it in accordance with the terms hereof;
(d) it is subject to the laws of India, and hereby expressly and irrevocably waives any immunity in any jurisdiction in respect of this Agreement or matters arising thereunder including any obligation, liability or responsibility hereunder;
(e) the information furnished in the Bid and as updated on or before the date of this Agreement is true and accurate in all respects as on the date of this Agreement;
(f) the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by any of the terms of its memorandum and articles of association or any Applicable Laws or any covenant, contract, Agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected;
(g) there are no actions, suits, proceedings, or investigations pending or, to its knowledge, threatened against it at law or in equity before any court or before any other judicial, quasi-judicial or other authority, the outcome of which may result in the breach of this Agreement or which individually or in the aggregate may result in any Material impairment of its ability to perform any of its obligations under this Agreement.
(h) it has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any Government Instrumentality which may result in any Material adverse effect on its ability to perform its obligations under this Agreement and no
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Page49
fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this Agreement;
(i) it has complied with Applicable Laws in all Material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have a Material adverse effect on its ability to perform its obligations under this Agreement;
(j) no representation or warranty by it contained herein or in any other document furnished by it to the Employer or to any Government Instrumentality in relation to Applicable Permits contains or will contain any untrue or misleading statement of Material fact or omits or will omit to state a Material fact necessary to make such representation or warranty not misleading;
(k) no sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to any person by way of fees, commission or otherwise for securing the contract or entering into this Agreement or for influencing or attempting to influence any officer or employee of the Employer in connection therewith;
(l) all information provided by the {selected bidder/ members of the Consortium} in response to the Request for Qualification and Request for Proposals or otherwise, is to the best of its knowledge and belief, true and accurate in all Material respects; and
(m) Nothing contained in this Agreement shall create any contractual relationship or obligation between the Employer and any Sub- contractors, designers, consultants or agents of the Contractor.
5.2 Representations and warranties of the Employer
The Employer represents and warrants to the Contractor that:
(a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement;
(b) it has taken all necessary actions under the Applicable Laws to authorize the execution, delivery and performance of this Agreement;
(c) it has the financial standing and capacity to perform its obligations under this Agreement;
(d) this Agreement constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof;
(e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any
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Government Instrumentality which may result in any Material adverse effect on the Employer’s ability to perform its obligations under this Agreement;
(f) it has complied with Applicable Laws in all Material respects;
(g) it has good and valid right to the Site.
5.3 Disclosure
In the event that any occurrence or circumstance comes to the attention of either Party that renders any of its aforesaid representations or warranties untrue or incorrect, such Party shall immediately notify the other Party of the same. Such notification shall not have the effect of remedying any breach of the representation or warranty that has been found to be untrue or incorrect nor shall it adversely affect or waive any obligation of either Party under this Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 6
6. DISCLAIMER
6.1 Disclaimer
6.1.1 The Contractor acknowledges that prior to the execution of this Agreement,
the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, Construction and Maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 4.1.2 and Clause 5.2, the Employer makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Employer in this regard.
6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as
to the correctness and sufficiency of the Contract Price. 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy,
mistake or error in or relating to any of the matters set forth in Clause 6.1.1 above and hereby acknowledges and agrees that the Employer shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
6.1.4 The Parties agree that any mistake or error in or relating to any of the
matters set forth in Clause 6.1.1 above shall not vitiate this Agreement, or render it voidable.
6.1.5 In the event that either Party becomes aware of any mistake or error relating
to any of the matters set forth in Clause 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
6.1.6 Except as otherwise provided in this Agreement, all risks relating to the
Project shall be borne by the Contractor; and the Employer shall not be liable in any manner for such risks or the consequences thereof.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Part III
Construction and Maintenance
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 7
7. PERFORMANCE SECURITY
7.1 Performance Security
7.1.1 The Contractor shall, for the performance of its obligations hereunder during the Construction Period, provide to the Employer, within 10 (ten) days of the date of this Agreement, an irrevocable and unconditional guarantee from a Bank in the form set forth in Schedule-G (the “Performance Security”) for an amount equal to 7.5% (Seven and half percent) of the Contract Price. The Performance Security shall be valid until 90 (Ninty) days after the Defects Liability Period. Until such time the Performance Security is provided by the Contractor pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security, the Employer shall release the Bid Security to the Contractor. For the avoidance of doubt, the Parties expressly agree that the Contractor shall provide, no later than 30 (thirty) days prior to the expiry of the Performance Security for the Defects Liability Period specified in Clause 17.1.1, a Performance Security in respect of the extended Defects Liability Period specified in Clause 17.1.2 for an amount equal to 5% (five per cent) of the estimated cost of all Structures and Major Bridges specified therein.
7.1.2 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that in the event of failure of the Contractor to provide the Performance Security in accordance with the provisions of Clause 7.1.1 and within the time specified therein or such extended period as may be provided by the Employer, in accordance with the provisions of Clause 7.1.3, the Employer may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Contractor, and this Agreement shall be deemed to have been terminated by mutual Agreement of the Parties.
7.1.3 In the event the Contractor fails to provide the Performance Security within 10 (ten) days of this Agreement, it may seek extension of time for a period not exceeding 20 (twenty) days on payment of Damages for such extended period in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for each day until the Performance Security is provided.
7.2 Extension of Performance Security
The Contractor may initially provide the Performance Security for a period of 2 (two) years; provided that it shall procure the extension of the validity of the Performance Security, as necessary, at least 2 (two) months prior to the date of expiry thereof. Upon the Contractor providing an extended Performance Security, the previous Performance Security shall be deemed
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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to be released and the Employer shall return the same to the Contractor within a period of 7 (seven) business days from the date of submission of the extended Performance Security.
7.3 Appropriation of Performance Security
7.3.1 Upon occurrence of a Contractor’s Default, the Employer shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages for such Contractor’s Default.
7.3.2 Upon such encashment and appropriation from the Performance Security, the Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial appropriation, to its original level the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Contractor shall, within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Employer shall be entitled to terminate the Agreement in accordance with Article 23. Upon replenishment or furnishing of a fresh Performance Security, as the case may be, as aforesaid, the Contractor shall be entitled to an additional Cure Period of 30 (thirty) days for remedying the Contractor’s Default, and in the event of the Contractor not curing its default within such Cure Period, the Employer shall be entitled to encash and appropriate such Performance Security as Damages, and to terminate this Agreement in accordance with Article 23.
7.4 Release of Performance Security
The Employer shall return the Performance Security to the Contractor within 60 (sixty) days of the later of the expiry of the Maintenance Period or the Defects Liability Period under this Agreement. Notwithstanding the aforesaid, the Parties agree that the Employer shall not be obliged to release the Performance Security until all Defects identified during the Defects Liability Period have been rectified.
7.5 Retention Money
7.5.1 From every payment for Works due to the Contractor in accordance with the provisions of Clause 19.5, the Employer shall deduct 6% (six per cent) thereof as guarantee money for performance of the obligations of the Contractor during the Construction Period (the “Retention Money”) subject to the condition that the maximum amount of Retention Money shall not exceed 5% (five per cent) of the Contract Price.
7.5.2 Upon occurrence of a Contractor’s Default, the Employer shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to appropriate the relevant amounts from the Retention Money as Damages for such Contractor’s Default.
7.5.3 The Contractor may, upon furnishing an irrevocable and unconditional
Bank guarantee substantially in the form provided at Annex-II of Schedule- G, and valid for 28 days beyond the end of Defect Liability Period, require
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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the Employer to refund the Retention Money deducted by the Employer under the provisions of Clause 7.5.1.. Provided that the refund hereunder shall be made in tranches of not less than 1% (one per cent) of the Contract Price.
50% of this Retention Money shall be released within 28 days of issue of Completion Certificate and balance 50% will be retained without interest and shall be released within 28 days after expiry of Defect Liability Period.
7.5.4 The Parties agree that in the event of Termination of this Agreement, the
Retention Money and the Bank guarantees specified in this Clause 7.5 shall be treated as if they are Performance Security and shall be reckoned as such for the purposes of Termination Payment under Clause 23.6.
7.5.5. From every quaterly payment for O&M due to the Contractor in
accordance with the provisions of Clause 19.6, the Employer shall deduct 6% (six per cent) thereof as guarantee money for performance of the obligations of the Contractor during the O&M Period (the “Retention Money”) subject to the condition that the maximum amount of Retention Money shall not exceed 5% (five per cent) of the that respective year O&M Contract Price.
The same shall be released along with first payment for the next O&M year. However, the retention for the last year of O&M shall be paid within 60 days of issue of final certificate, while handing over the site in same condition as was on date of takeover of the O&M save for normal wear and tear as applicable.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 8
8. THE PROJECT SITE
8.1 The Site
The Site of the Project Works (the “Site”) shall comprise the Site described in Schedule-A shall be provided by the Employer to the Contractor. The Employer shall be responsible for:
(a) acquiring and providing the Site in accordance with the alignment
finalized by the Employer, free from all encroachments and encumbrances, and free access thereto for the execution of this Agreement; and
(b) the employer shall assist in obtaining licenses and permits for
environment clearance for the Project Works.
8.2 Procurement of the Site
8.2.1 The Employer Representative and the Contractor shall, within 15 (fifteen) days of the date of this Agreement, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road Works, trees and any other immovable property on or attached to the Site.
The memorandum shall be appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access has not been given to the Contractor. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorized representatives of the Parties shall be deemed to constitute a valid evidence of giving Site to the Contractor for discharging its obligations under and in accordance with the provisions of this Agreement and for no other purpose whatsoever.
Whenever the Employer is ready to hand over any part or parts of the Site included in the Appendix, it shall inform the Contractor, by notice, the proposed date and time of such handing over. The Employer Representative and the Contractor shall, on the date so notified, inspect the specified parts of the Site, and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings, structures, road Works, trees and any other immovable property on or attached to the Site so handed over. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorized representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant site to the Contractor.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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8.3 Not used.
8.4 Site to be free from Encumbrances
Subject to the provisions of Clause 8.2, the Site shall be made available by the Employer to the Contractor pursuant hereto free from all Encumbrances and occupations and without the Contractor being required to make any payment to the Employer on account of any costs, compensation, expenses and charges for the acquisition and use of such Site for the duration of the Project Completion Schedule. For the avoidance of doubt, it is agreed that the existing rights of way, easements, privileges, liberties and appurtenances to the Site shall not be deemed to be Encumbrances. It is further agreed that, unless otherwise specified in this Agreement, the Contractor accepts and undertakes to bear any and all risks arising out of the inadequacy or physical condition of the Site.
8.5 Protection of Site from encroachments
On and after signing the memorandum and/or subsequent memorandum referred to in Clause 8.2.1, and until the completion of O&M Period, the Contractor shall maintain a round-the-clock vigil over the Site and shall ensure and ensures that no encroachment thereon takes place. During the Construction Period, the Contractor shall protect the Site from any and all occupations, encroachments or Encumbrances, and shall not place or create nor permit any Sub-contractor or other person claiming through or under the Agreement to place or create any Encumbrance or security threat over all or any part of the Site or the Project Assets, or on any rights of the Contractor therein or under this Agreement, save and except as otherwise expressly set forth in this Agreement. In the event of any encroachment or occupation on any part of the Site, the Contractor shall report such encroachment or occupation forthwith to the Employer and undertake its removal at Contractor’s own cost and expenses.
8.6 Special/temporary Roads
The Contractor shall bear all costs and charges for any special or temporary roads required by it in connection with access to the Site. The Contractor shall obtain at its cost such facilities on or outside the Site as may be required by it for the purposes of the Project Works and the performance of its obligations under this Agreement.
8.7 Access to the Employer and the Employer’s Engineer
8.7.1 The Site given to the Contractor hereunder shall always be subject to the right of access of the Employer and the Employer’s Engineer and their employees and agents for inspection, viewing and exercise of their rights and performance of their obligations under this Agreement.
8.7.2 The Contractor shall ensure, subject to all relevant safety procedures, that
the Employer has un-restricted access to the Site during any emergency situation, as decided by the Employer’s Engineer.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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8.8 Geological and archaeological finds
It is expressly agreed that mining, geological or archaeological rights do not form part of this Agreement with the Contractor for the Works, and the Contractor hereby acknowledges that it shall not have any mining rights or interest in the underlying minerals, fossils, antiquities, Structures or other remnants or things either of particular geological or archaeological interest and that such rights, interest and property on or under the Site shall vest in and belong to the Employer or the concerned Government Instrumentality. The Contractor shall take all reasonable precautions to prevent its workmen or any other person from removing or damaging such interest or property and shall inform the Employer forthwith of the discovery thereof and comply with such instructions as the concerned Government Instrumentality may reasonably give for the removal of such property. For the avoidance of doubt, it is here by confirmed that any reasonable expenses incurred by the Contractor hereunder shall be reimbursed by the Employer. It is also agreed that the Employer shall make all endeavors that the instructions hereunder are issued by the concerned Government Instrumentality within a reasonable period.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 9
9. UTILITIES AND TREES
9.1 Existing utilities and roads
Notwithstanding anything to the contrary contained herein, the Contractor shall ensure that the respective entities owning the existing roads, right of way, level crossings, structures, or utilities on, under or above the Site are enabled by it to keep them in continuous satisfactory use, if necessary, by providing suitable temporary diversions with the authority of the controlling body of that road, right of way or utility.
9.2 Shifting of obstructing utilities
The Contractor shall, in accordance with Applicable Laws and with assistance of the Employer, cause shifting of any utility (including electric lines, water pipes and telephone cables) to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works or Maintenance of the Project Works in accordance with this Agreement. The actual cost of such shifting, as approved and communicated by the entity owning the utility, shall be paid by the Contractor. The cost of shifting utilities should be included in the price. The material so dismantled shall be property of the Employer and shall be handed over the Employer.
9.3 New utilities
9.3.1 The Contractor shall allow, subject to such conditions as the Employer may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Contractor, it may require the user of the Site to pay compensation or Damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 9.3 shall not in any manner relieve the Contractor of its obligation to construct and maintain the Project Works in accordance with this Agreement and any damage caused by such u s e shall be restored forthwith at the cost of the Employer.
9.3.2 The Employer may, by notice, require the Contractor to connect any
adjoining road to the Project roads, and the connecting portion thereof falling within the Site shall be constructed by the Contractor at the Employer’s cost in accordance with Article 10.
9.3.3 Contractor's acknowledgement
The Contractor acknowledges that Related Works shall be performed and that it is of paramount importance that the design and execution of the Works are co-ordinated with any Related Works.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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9.3.3.1 Related Works' responsibilities
(1) Accordingly, the Contractor shall at all times and otherwise in accordance with the reasonable requirements and directions of the Employer's Representative:
(a) take all reasonable steps to co-ordinate and to integrate the design and execution of the Works, including the work of Subcontractors, with the activities of the Related Works Contractors; and
(b) attend such co-ordination meetings called by the Employer's Representative to plan, review and determine co-ordinated activities for the management of interfaces between the Works and any Related Works; and
(c) at all times refrain from carrying out any operation on the Site in a manner which is likely to cause damage or inconvenience to the execution of any Related Works; where such damage or inconvenience is the unavoidable consequence of operations properly to be carried out on the Site, the Contractor shall not carry out such operations without first giving reasonable advance notice in writing thereof to the Employer's Representative (with a copy to those responsible for carrying out any Related Works reasonably likely to be affected thereby) with a view to reaching an agreed procedure to prevent or minimise any such damage or inconvenience. In particular, the Contractor shall at all times prevent the discharge of surface water across the Site except where the Employer's Representative gives its prior written consent for such discharge; and
(d) at all times co-operate with the Employer, the Employer's Representative and any Related Works Contractors so as to promote and foster a co-ordinated and integrated approach to the Works and any Related Works; and
(e) monitor the coordination and integration of the Works with any Related Works and advise the Employer's Representative in writing as and when it becomes apparent that the design or execution of the Works is likely to be the subject of delay and/or disruption and recommend reasonable proposals to reduce or prevent such delay and/or disruption.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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9.3.4 Not used.
9.4 Felling of trees
9.4.1 The Employer shall assist the Contractor in obtaining the Applicable Permits for felling of trees to be identified by the Employer for this purpose if and only if such trees cause a Material Adverse Effect on the Construction or Maintenance of the Project Works. The cost of such felling trees shall be borne by the Contractor and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees (except the Scheduled trees, which shall be Employers Property) shall be deemed to be owned by the Employer and shall be disposed in such a manner and subject to such conditions as the Employer may in its sole discretion deem appropriate, as as appropriate with required statutory approvals. Obtaining the required statutory approvals for above shall be the responsibility of the Contractor. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Employer within the time specified in the Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 10
10. DESIGN AND CONSTRUCTION OF THE PROJECT WORKS
10.1 Obligations prior to commencement of Works
10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorized to deal with the Employer
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 Works under and in accordance with the Applicable Laws and Applicable Permits.
10.1.2 The Employer shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer (the “Employer’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Employer’s Engineer forthwith.
10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Employer and the Employer’s Engineer a Programme (the “Programme”) for the Works, developed using networking techniques giving the following details: Part I-Contractor’s organization for the Project, the general methods and arrangements for design and Construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during Construction, Contractor’s key personnel and equipment. Part II- Programme for completion of all stages of Construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include:
(a) the order in which the Contractor intends to carry out the Works,
including the anticipated timing of design and stages of Works;
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(b) the periods for reviews under Clause 10.2;
(c) the sequence and timing of inspections and Tests specified in this
Agreement.
The Contractor shall submit a revised Programme whenever the previous Programme is inconsistent with the actual progress or with the Contractor’s obligations. Part III Monthly cash flow forecast.
10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Employer’s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work specified in the BOQ and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in accordance with the provisions of Clause 19.3. For the avoidance of doubt, the sum of payments to be computed in respect of all the items of work shall not exceed the Contract Price, as may be adjusted in accordance with the provisions of this Agreement.
10.1.5 The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carry out safety audit at the design stage of the Project Works in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Employer a panel of three names of qualified and experienced firms along with their firms and personnel experience from whom the Employer may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Employer and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Employer a revised panel of three names from the firms empaneled as safety consultants by the Employer for obtaining the consent of the Employer. The Contractor shall also obtain the consent of the Employer for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway Projects. The Employer shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant.
10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the Project Works and the Contractor shall forward to the Employer’s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any Works required by the Safety Consultant shall fall beyond the scope of Schedule-B, Schedule-C or Schedule-D, the Contractor shall make a report thereon and
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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seek the instructions of the Employer for Change in Scope. For the avoidance of doubt, the Safety Consultant to be engaged by the Contractor shall be independent of the design and implementation team of the Contractor.
10.2 Design and Drawings
10.2.1 Design and Drawings shall be developed in conformity with the Specifications and Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation in design standards due to restricted Right of Way in any section, the alternative design criteria for such Section shall be provided for review of the Employer’s Engineer. The contractor within 60 days of LOA shall submit the drawing and document list for Employer Engineers Approval.
10.2.2 The Contractor shall appoint a proof check consultant (the “Proof
Consultant”) after proposing to the Employer a panel of three names of qualified and experienced firms from whom the Employer may choose one to be the Proof Consultant. Provided, however, that if the panel is not acceptable to the Employer and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Employer a revised panel of three names from the firms empaneled as proof consultants by the Employer along with their firms and personnel experience for obtaining the consent of the Employer. The Contractor shall also obtain the consent of the Employer for two key personnel of the Proof Consultant who shall have adequate experience and qualifications in Roads & Bridges, Drains, Culverts, Water Supply, Sewerage, Power systems respectively. The Employer shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Proof Consultant.
10.2.3 The Proof Consultant shall:
(a) evolve a systems approach with the Design Director so as to minimize the time required for final designs and Construction Drawings; and
(b) Proof check the detailed calculations, Drawings and designs, which
have been approved by the Design Director. 10.2.4 In respect of the Contractor’s obligations with respect to the design and
Drawings of the Project Works as set forth in Schedule-I, the following shall apply:
(a) The Contractor shall prepare and submit, with reasonable
promptness and in such sequence as is consistent with the Project Completion Schedule, f i v e copies and one set of soft copy in CD/pen drive each of the design and Drawings, duly certified by the Proof Consultant, to the Employer’s Engineer for review. Provided, that in respect of Roads & Major Bridges, Drains, Culverts, Water Supply, Sewerage, Power systems, Sewage Treatment Plant and Effluent Treatment Plants the Employer’s Engineer may require
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additional Drawings for its review in accordance with Good Industry Practice.
(b) by submitting the Drawings for review to the Employer’s Engineer,
the Contractor shall be deemed to have represented that it has determined and verified that the design and engineering, including field Construction criteria related thereto, are in conformity with the Scope of the Project, the Specifications and Standards and the Applicable Laws;
(c) within 15 (fifteen) days of the receipt of the Drawings, the
Employer’s Engineer shall review the same and convey its observations to the Contractor with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Contractor shall not be obliged to await the observations of the Employer’s Engineer on the Drawings submitted pursuant hereto beyond the said period of 15 (fifteen) days and may begin or continue Works at its own discretion and risk; Provided, however that in case of a Major Bridges & Structures the aforesaid period of 15 (fifteen) days may be extended up to 30 (thirty) days;
(d) if the aforesaid observations of the Employer’s Engineer indicate
that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Contractor in conformity with the provisions of this Agreement and resubmitted to the Employer’s Engineer for review. The Employer’s Engineer shall give its observations, if any, within 10 (ten) days of receipt of the revised Drawings. In the event the Contractor fails to revise and resubmit such Drawings to the Employer’s Engineer for review as aforesaid, the Employer’s Engineer may withhold the payment for the affected Works in accordance with the provisions of Clause 19.5.4. If the Contractor Disputes any decision, direction or determination of the Employer’s Engineer hereunder, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure;
(e) no review and/or observation of the Employer’s Engineer and/or its
failure to review and/or convey its observations on any Drawings shall relieve the Contractor of its obligations and liabilities under this Agreement in any manner nor shall the Employer’s Engineer or the Employer be liable for the same in any manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies or other Defects are found in the Drawings, they and the Construction Works shall be corrected at the Contractor's cost, notwithstanding any review under this Article 10;
(f) the Contractor shall be responsible for delays in submitting the
Drawing as set forth in Schedule-I caused by reason of delays in
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surveys and field investigations, and shall not be entitled to seek any relief in that regard from the Employer; and
(g) the Contractor warrants that its designers, including any third Parties
engaged by it, shall have the required experience and capability in accordance with Good Industry Practice and it shall indemnify the Employer against any damage, expense, liability, loss or claim, which the Employer might incur, sustain or be subject to arising from any breach of the Contractor’s design responsibility and/or warranty set out in this Clause.
10.2.5 Any cost or delay in Construction arising from review by the Employer’s
Engineer shall be borne by the Contractor. 10.2.6 Works shall be executed in accordance with the Drawings provided by the
Contractor in accordance with the provisions of this Clause 10.2 and the observations of the Employer’s Engineer thereon as communicated pursuant to the provisions of Clause 10.2.4 (d). Such Drawings shall not be amended or altered without prior written notice to the Employer’s Engineer. If a Party becomes aware of an error or Defect of a technical nature in the design or Drawings, that Party shall promptly give notice to the other Party of such error or defect. Works shall only be carried out on drawings duly signed and stamped as Good for construction by Employers Engineer.
10.2.7 Within 90 (ninety) days of the Project Completion Date, the Contractor shall
furnish to the Employer and the Employer’s Engineer a complete set of as built Drawings, in 5 (Five) hard copies and in soft copy form or in such other medium as may be acceptable to the Employer, reflecting the Project Works as actually designed, engineered and constructed, including an as built survey illustrating the layout of the Project Works and setback lines, if any, of the buildings and Structures forming part of Project Facilities.
10.3 Construction of the Project Works
10.3.1 The Contractor shall construct the Project Works as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the
positions, levels, dimensions or alignment of the Works. The 240th (Two hundred and Forty) day from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the Construction shall be completed on or before the Scheduled Completion Date, including any extension thereof.
10.3.2 The Contractor shall construct the Project Works in accordance with the Project Completion Date. In the event that the Contractor fails to achieve the Scheduled Completion Date (including any extension granted by the Employer), unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Employer, it shall pay Damages to the Employer of a sum calculated at the rate of 0.05% (zero point zero five percent) of the Contract Price for delay of each day reckoned from the date
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of completion; provided that if the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the date of completion shall be deemed to be modified accordingly. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Employer under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.5.2.
10.3.3 The Employer shall notify the Contractor of its decision to impose Damages
in pursuance with the provisions of this Clause 10.3. Provided that no deduction on account of Damages shall be effected by the Employer without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price.
10.4 Maintenance during Construction Period
10.4.1 During the Construction Period, the Contractor shall maintain, at its cost, the existing lane(s) of the Project roads so that the traffic worthiness and safety thereof are at no time Materially inferior as compared to their condition 10 (ten) days prior to the date of this Agreement, and shall undertake the necessary repair and Maintenance Works for this purpose; provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for the efficient progress of Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Contractor only with the prior written approval of the Employer’s Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring safe operation of the Project roads.
10.5 Extension of time for Completion
10.5.1 Without prejudice to any other provision of this Agreement for and in respect of extension of time, the Contractor shall be entitled to extension of time in the Project Completion Schedule (the “Time Extension”) to the extent that completion of any Project Milestone is or will be delayed by any of the following, namely:
(a) delay in providing the Site, environmental clearances;
(b) Change of Scope (unless an adjustment to the Scheduled Completion Date has been agreed under Article 13);
(c) occurrence of a Force Majeure Event;
(d) any delay, impediment or prevention caused by or attributable to the Employer, the Employer's personnel or the Employer's other contractors on the Site; and
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(e) any other cause or delay which entitles the Contractor to Time extension in accordance with the provisions of this Agreement.
10.5.2 The Contractor shall, no later than 15 (fifteen) business days from the occurrence of an event or circumstance specified in Clause 10.5.1, inform the Employer’s Engineer by notice in writing, with a copy to the Employer, stating in reasonable detail with supporting particulars, the event or circumstances giving rise to the claim for Time Extension in accordance with the provisions of this Agreement. Provided that the period of 15 (fifteen) business days shall be calculated from the date on which the Contractor became aware, or should have become aware, of the occurrence of such an event or circumstance.
Provided further that notwithstanding anything to the contrary contained in this Agreement, Time Extension shall be due and applicable only for the Works which are affected by the aforesaid events or circumstances and shall not in any manner affect the Project Completion Schedule for and in respect of the Works which are not affected hereunder.
10.5.3 In the event of the failure of the Contractor to issue to the Employer’s
Engineer a notice in accordance with the provisions of Clause 10.5.2 within the time specified therein, the Contractor shall not be entitled to any Time Extension and shall forfeit its right for any such claims in future. For the avoidance of doubt, in the event of failure of the Contractor to issue notice as specified in this clause 10.5.3, the Employer shall be discharged from all liability in connection with the claim.
10.5.4 The Employer’s Engineer shall, on receipt of the claim in accordance with
the provisions of Clause 10.5.2, examine the claim expeditiously within the time frame specified herein. In the event the Employer’s Engineer requires any clarifications to examine the claim, the Employer’s Engineer shall seek the same within 15 (fifteen) days from the date of receiving the claim. The Contractor shall, on receipt of the communication of the Employer’s Engineer requesting for clarification, furnish the same to the Employer’s Engineer within 10 (ten) days thereof. The Employer’s Engineer shall, within a period of 60 (sixty) days from the date of receipt of such clarifications, forward in writing to the Contractor its determination of Time Extension.
Provided that w h e n determining each extension of time under this Clause 10.5, the Employer’s Engineer shall review previous determinations and may increase, but shall not decrease, the total Time Extension.
10.5.5 If the event or circumstance giving rise to the notice has a continuing effect:
(a) a fully detailed claim shall be considered as interim; (b) the Contractor shall, no later than 10 (ten) days after the close of
each month, send further interim claims specifying the accumulated delay, the extension of time claimed, and such further particulars as the Employer’s Engineer may reasonably require; and
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(c) the Contractor shall send a final claim within 30 (thirty) days after the effect of the event or the circumstance ceases.
Upon receipt of the claim hereunder, the Employer’s Engineer shall examine the same in accordance with the provisions of Clause 10.5.4 within a period of 60 (sixty) days of the receipt thereof.
10.6 Incomplete Works
In the event the Contractor fails to complete the Works in accordance with the Project Completion Date (i.e 240th Day from the date of LOA), including any Time Extension granted under this Agreement, the Contractor shall endeavor to complete the balance work expeditiously and shall pay Damages to the Employer in accordance with the provisions of Clause 10.3.2 for delay of each day until the Works are completed in accordance with the provisions of this Agreement. Recovery of Damages under this Clause shall be without prejudice to the rights of the Employer under this Agreement including the right to Termination under Clause 23.1.
10.7 Maintenance Manual
No later than 60 (sixty) days prior to the Project Completion Date, the Contractor shall, in consultation with the Employer’s Engineer, evolve a Maintenance Manual (the “Maintenance Manual”) for the regular and preventive Maintenance of the Project Works in conformity with the Specifications and Standards, safety requirements and Good Industry Practice, and shall provide 5 (five) copies thereof to the Employer’s Engineer. The Employer’s Engineer shall review the Maintenance Manual within 15 (fifteen) days of its receipt and communicate its comments to the Contractor for necessary modifications, if any.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 11
11. QUALITY ASSURANCE, MONITORING AND SUPERVISION
11.1 Quality of Materials and Workmanship
The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.
11.2 Quality Control System
11.2.1 The Contractor shall establish a quality control mechanism to ensure
compliance with the provisions of this Agreement (the “Quality Assurance Plan” or “QAP”).
11.2.2 The Contractor shall, within 30 (thirty) days of the Appointed Date, submit to the Employer’s Engineer its Quality Assurance Plan which shall include the following:
(a) organisation, duties and responsibilities, procedures, inspections
and Documentation;
(b) quality control mechanism including sampling and testing of Materials, test frequencies, standards, acceptance criteria, testing facilities, reporting, recording and interpretation of test results, approvals, check list for Site activities, and proforma for testing and calibration in accordance with the Specifications for Road and Bridge Works issued by MORTH, relevant IRC specifications, BIS standards, international Standards relevant to project components and Good Industry Practice; and
(c) Internal quality audit system.
The Employer’s Engineer shall convey its comments to the Contractor within a period of 21 (twenty-one) days of receipt of the QAP stating the modifications, if any, required, and the Contractor shall incorporate those in the QAP to the extent required for conforming with the provisions of this Clause 11.2.
11.2.3 The Contractor shall procure all documents, apparatus and instruments, fuel, consumables, water, electricity, labour, Materials, samples, and qualified personnel as are necessary for examining and testing the Project Assets and workmanship in accordance with the Quality Assurance Plan.
11.2.4 The cost of testing of Construction, Materials and workmanship under this Article 11 shall be borne by the Contractor.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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11.3 Methodology
The Contractor shall, at least 15 (fifteen) days prior to the commencement of the Construction, submit to the Employer’s Engineer for review the methodology proposed to be adopted for executing the Works, giving details of equipment to be deployed, traffic management and measures for ensuring safety. The Employer’s Engineer shall complete the review 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.
11.4 Inspection and Technical Audit by the Employer
The Employer or any representative authorized by the Employer in this behalf may inspect and review the progress and quality of the Construction of Project Works and issue appropriate directions to the Employer’s Engineer and the Contractor for taking remedial action in the event the Works are not in accordance with the provisions of this Agreement.
11.5 External Technical Audit
At any time during Construction, the Employer may appoint an external technical auditor to conduct an audit of the quality of the Works. The findings of the audit, to the extent accepted by the Employer, shall be notified to the Contractor and the Employer’s Engineer for taking remedial action in accordance with this Agreement. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 11.5, the external technical audit shall not affect any obligations of the Contractor or the Employer’s Engineer under this Agreement.
11.6 Inspection of Construction records
The Employer shall have the right to inspect the records of the Contractor relating to the Works.
11.7 Monthly Progress Reports
During the Construction Period and O&M period, the Contractor shall, no later than 7 (seven) days after the close of each month, furnish to the Employer and the Employer’s Engineer a monthly report on progress of the Works for their review and shall promptly give such other relevant information as may be required by the Employer’s Engineer.
11.8 Inspection
11.8.1 The Employer’s Engineer and its authorized representative shall at all
reasonable times:
(a) have full access to all parts of the Site and to all places from which natural Materials are being obtained for use in the Works; and
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(b) during production, manufacture and Construction at the Site and at the place of production, be entitled to examine, inspect, measure and test the Materials and workmanship, and to check the progress of manufacture of Materials.
11.8.2 The Contractor shall give the Employer’s Engineer and its authorized
agents access, facilities and safety equipment for carrying out their obligations under this Agreement.
11.8.3 The Employer’s Engineer shall submit a monthly inspection report (the
“Inspection Report”) to the Employer and the Contractor bringing out the results of inspections and the remedial action taken by the Contractor in respect of Defects or deficiencies. For the avoidance of doubt, such inspection or submission of Inspection Report by the Employer’s Engineer shall not relieve or absolve the Contractor of its obligations and liabilities under this Agreement in any manner whatsoever.
11.9 Samples
The Contractor shall submit the following samples of Materials and relevant information to the Employer’s Engineer for pre-Construction review:
(a) manufacturer test reports and standard samples of manufactured
Materials; and
(b) samples of such other Materials as the Employer’s Engineer may require, shall be got tested by State/Central Government approved laboratories.
11.10 Tests
11.10.1 For determining that the Works conform to the Specifications and Standards, the Employer’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 this Agreement, and in accordance with Good Industry Practice for quality assurance. The test checks by the Employer’s Engineer shall comprise 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.
11.10.2 In the event that results of any Tests conducted under this Clause 11.10
establish any Defects or deficiencies in the Works, the Contractor shall carry out remedial measures and furnish a report to the Employer’s Engineer in this behalf. The Employer’s Engineer shall require the Contractor to carry out or cause to be carried out Tests to determine that such remedial measures have brought the Works into compliance with the Specifications and Standards, and the procedure shall be repeated until such Works conform to the Specifications and Standards. For the avoidance of doubt, the cost of such Tests and remedial measures in pursuance thereof shall be solely borne by the Contractor.
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11.11 Examination of Work before Covering up
In respect of the work which the Employer’s Engineer is entitled to examine, inspect, measure and/or test before it is covered up or put out of view or any part of the work is placed thereon, the Contractor shall give notice to the Employer’s Engineer whenever any such work is ready and before it is covered up. The Employer’s Engineer shall then either carry out the examination, inspection or testing without unreasonable delay, or promptly give notice to the Contractor that the Employer’s Engineer does not require to do so. Provided, however, that if any work is of a continuous nature where it is not possible or prudent to keep it uncovered or incomplete, then Contractor shall notify the schedule of carrying out such work to give sufficient opportunity, not being less than 3 (three) business days’ notice, to the Employer’s Engineer to conduct its inspection, measurement or test while the work is continuing. Provided further that in the event the Contractor receives no response from the Employer’s Engineer within a period of 3 (three) business days from the date on which the Contractor’s notice hereunder is delivered to the Employer’s Engineer, the Contractor shall be entitled to assume that the Employer’s Engineer would not undertake the said inspection.
11.12 Rejection
If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Employer’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement.
If the Employer’s Engineer requires the Plant, Materials, design or workmanship to be retested, the Tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Employer to incur any additional costs, such cost shall be recoverable by the Employer from the Contractor; and may be deducted by the Employer from any monies due to be paid to the Contractor.
11.13 Remedial Work
11.13.1 Notwithstanding any previous test or certification, the Employer’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not
in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(c) Execute any work which is urgently required for the safety of the Project Works, 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.
11.3.2 If the Contractor fails to comply with the instructions issued by the
Employer’s Engineer under Clause 11.13.1, within the time specified in the Employer’s Engineer’s notice or as mutually agreed, the Employer’s Engineer may advise the Employer to have the work executed by another agency. The cost so incurred by the Employer for undertaking such work shall, without prejudice to the rights of the Employer to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Employer from any monies due to be paid to the Contractor.
11.14 Delays during Construction
Without prejudice to the provisions of Clause 10.3.2, in the event the Contractor does not achieve any of the Project Milestones or the Employer’s Engineer shall have reasonably determined that the rate of progress of Works is such that Completion of the Project Works is not likely to be achieved by the end of the Scheduled Completion Date, it shall notify the same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such notice, by a communication inform the Employer’s Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve the Project Completion Date.
11.15 Quality control Records and Documents
The Contractor shall hand over to the Employer’s Engineer a copy of all its quality control records and documents before the Completion Certificate is issued pursuant to Clause 12.2.
11.16 Video Recording
During the Construction Period, the Contractor shall provide to the Employer for every calendar quarter, a video recording, which will be compiled into a 3 (three)-hour compact disc or digital video disc, as the case may be, covering the status and progress of Works in that quarter. The video recording shall be provided to the Employer no later than 15 (fifteen) days after the close of each quarter after the Appointed Date.
11.17 Suspension of Unsafe Construction Works
11.17.1 Upon recommendation of the Employer’s Engineer to this effect, the
Employer may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Employer’s Engineer, such work threatens the safety of the Users and pedestrians.
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11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Employer and thereupon carry out remedial measures to secure the safety of suspended Works, the Users and pedestrians. The Contractor may by notice require the Employer’s Engineer to inspect such remedial measures forthwith and make a report to the Employer recommending whether or not the Suspension hereunder may be revoked. Upon receiving the recommendations of the Employer’s Engineer, the Employer shall either revoke such Suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Employer, and the procedure set forth in this Clause 11.17 shall be repeated until the Suspension hereunder is revoked.
11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for
maintaining and protecting the Works or part thereof during the period of Suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the Suspension has occurred as a result of any breach of this Agreement by the Employer, the Preservation Costs shall be borne by the Employer.
11.17.4 If Suspension of Works is for reasons not attributable to the Contractor, the
Employer’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
The Contractor shall take up the Aerial photography based on the details provided in Schedule T.
11.18 Third Party Inspection
Material such as all type of pipes (of all sizes) R.C.C. / P.S.C. / M.S. /D.I. /CI./A.C./HDPE/PVC/GRP & other power equipments like transformers, switch gear,cables, panels etc. All type of valves (of all sizes), any other materials as per requirements which are supplied by the contractor under this contract are subject to third party inspection. The charges for third party inspection shall be 0.20% on the actual cost of materials, excluding Excise and freight of materials. The charges for such inspection shall be paid by the contractor. All the arrangements for inspection i.e. measuring tools, testing equipments and tools, labour required for handling materials during testing etc. shall be made available / arranged by the manufacturer /Vendor / contractor in their premises at their own costs. These cost shall be deemed included in contractor’s price bid and nothing extra shall be paid to the said account. If any particular testing facility is not available at the premises / location of Factory, then the test shall be arranged by the factory owner / Vendor at his own cost at other locations / test laboratory. All expenses in this regard shall also have to be borne by the contractor/ manufacturer /vendor /contractor only.
If the material inspected fails during test on no fault of the inspecting agency, fees are payable to the inspecting agency for the said inspection and for any further re-inspection of the same material.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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The name of the agency for third party inspection shall be informed to Employers Engineer.
If it is subsequently observed that there are defects in the quality of material, the contractor shall replace the material without any extra cost.
In addition to third party inspection, the Employers Engineer or his representative may conduct inspection intermittently.
Third Party Inspection Report: The third party inspection report merely in the certificate form stating that pipes/valves/specials or any other material inspected are found satisfactory will not be accepted, but it should be in the form of detailed report stating the parameters checked & observations made with comments of the Inspecting Officer in accordance with the respective Specifications/detailed item wise specifications / as per Tender notice. The contractor will appoint a 3rd party (Govt agency) to do periodic site inspections and also approve the monthly invoices. The cost of such inspections is included in the price.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 12
12. COMPLETION CERTIFICATE
12.1 Tests on Completion
12.1.1 At least 30 (thirty) days prior to the likely completion of the Project Works, or a Section thereof, the Contractor shall notify the Employer’s Engineer of its intent to subject the Project Works or a Section thereof, to Tests. The date and time of each of the Tests shall be determined by the Employer’s Engineer in consultation with the Contractor, and notified to the Employer who may designate its representative to witness the Tests. The Contractor shall either conduct the Tests as directed by the Employer’s Engineer or provide such assistance as the Employer’s Engineer may reasonably require for conducting the Tests. In the event of the Contractor and the Employer’s Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days notice to the Employer’s Engineer.
12.1.2 All Tests shall be conducted in accordance with Schedule-K. The Employer’s
Engineer shall either conduct or observe, monitor and review the Tests conducted by the Contractor, as the case may be, and review the results of the Tests to determine compliance of the Project Works or a Section there of, with Specifications and Standards and if it is reasonably anticipated or determined by the Employer’s Engineer during the course of any Test that the performance of the Project Works or Section or any part thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Contractor to remedy and rectify the Defect or deficiencies. Upon completion of each Test, the Employer’s Engineer shall provide to the Contractor and the Employer copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Employer’s Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project Works or Section thereof with the Specifications and Standards.
12.2 Provisional Certificate
12.2.1 Subject to the provisions of Clause 12.2.5, upon completion of all Works forming part of the Project Works, save and except the Works for which Time Extension has been granted under Clause 10.5, the Employer’s Engineer shall, at the request of the Contractor, issue a provisional certificate of completion substantially in the form set forth in Schedule-L (the “Provisional Certificate”) if the Tests for and in respect of the completed Works are successful. The Provisional Certificate shall have appended thereto a list of outstanding items of work (the “Punch List”) that need to be completed in accordance with the provisions of this Agreement. The Contractor undertakes to complete the minor outstanding items of Works in respect of those Sections of the Project Works for which the Provisional Certificate has been issued, within a period of 30 (thirty) days of the date of Provisional Certificate, and those parts of the Works in
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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respect of which Time Extension has been granted, within the extended period thereof. For the avoidance of doubt, the Parties agree that the Punch List shall include all Works for which Time Extension has been granted and shall also include any minor outstanding items of work forming part of the completed Sections if such Works do not materially affect the use of the completed Sections for their intended purpose. The Parties further agree that Provisional Certificate shall not be issued if the completed Works cannot be safely and reliably placed in service of the Users thereof.
12.2.2 Upon issue of Provisional Certificate, the provisions of Articles 14 and 17
shall apply to the completed parts of the Project Works and the property and ownership of all such completed Works shall vest in the Employer.
12.2.3 If the Employer’s Engineer determines that the Project Works or any
completed part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in operation, it shall forthwith make a report in this behalf and send copies thereof to the Employer and the Contractor and withhold issuance of the Provisional Certificate until the Defects or deficiencies are rectified by the Contractor and Tests are successful in accordance with this Article 12.
12.2.4 Notwithstanding anything to the contrary contained in Clause 12.2.3, the
Employer may, at any time after receiving a report from the Employer’s Engineer under that Clause, direct the Employer’s Engineer to issue a Provisional Certificate under Clause 12.2.1 and such direction shall be complied forthwith.
12.2.5 No Provisional Certificate shall be issued under the provisions of this
Clause 12.2 until the Contractor has submitted valid claims for payment of at least 80% (eighty per cent) of the amount arrived at after reducing the lump sum price specified in Clause 19.1.1 by the amount attributable to Works which have been withdrawn under the provisions of Clause 8.3.3. For the avoidance of doubt and by way of illustration, the Parties agree that if the Contract Price specified in Clause 19.1.1 is Rs. 105 cr. (Rs. one hundred and five crore) and the Works withdrawn under Clause 8.3.3 have a value of Rs. 5 cr. (Rs. five crore), a Provisional Certificate shall not be issued until valid claims for payment of an amount of Rs. 80 cr. (Rs. Eighty crore) have been submitted by the Contractor in accordance with the provisions of this Agreement. It is further agreed that all price adjustments made in pursuance of Clause 19.10 shall not be reckoned for computation of the claims for payments referred to in this Clause 12.2.5.
12.3 Completion of remaining Works
All items in the Punch List shall be completed by the Contractor in accordance with the provisions of this Agreement. For any delay in their completion other than for the reasons solely attributable to the Employer or due to Force Majeure, the Employer shall be entitled to recover Damages from the Contractor in accordance with the provisions of Clause 10.3.2 of this Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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12.4 Completion Certificate
12.4.1 Upon completion of all Works, including the items specified in the Punch List, and the Employer’s Engineer determining the Tests to be successful, it shall forthwith issue to the Contractor and the Employer a certificate substantially in the form set forth in Schedule-L (the “Completion Certificate”).
12.4.2 Upon receiving the Completion Certificate, the Contractor shall remove its
equipment, Materials, debris and temporary Works from the Site within a period of 30 (thirty) days thereof, failing which the Employer may remove or cause to be removed, such equipment, Materials, debris and temporary Works and recover from the Contractor an amount equal to 120% (one hundred and twenty per cent) of the actual cost of removal incurred by the Employer.
12.4.3 Without prejudice to the obligations of the Contractor specified in Articles
14 and 17, the property and ownership of all the completed Works forming part of the Project Works shall vest in the Employer.
12.5 Rescheduling of Tests
If the Employer’s Engineer certifies to the Employer and the Contractor that it is unable to issue the Completion Certificate or Provisional Certificate, as the case may be, because of events or circumstances on account of which the Tests could not be held or had to be suspended, the Contractor shall be entitled to re-schedule the Tests and hold the same as soon as reasonably practicable.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 13
13. CHANGE OF SCOPE
13.1 Change of Scope
13.1.1 The Employer may, notwithstanding anything to the contrary contained in this Agreement, require the Contractor to make modifications/alterations to the Works (“Change of Scope”) before the issue of the Completion Certificate either by giving an instruction or by requesting the Contractor to submit a proposal for Change of Scope involving additional cost or reduction in cost. Any such Change of Scope shall be made and valued in accordance with the provisions of this Article 13.
13.1.2 Change of Scope shall mean:
(a) change in specifications of any item of Works;
(b) omission of any work from the Scope of the Project provided that, subject to Clause 13.5, the Employer shall not omit any work under this Clause in order to get it executed by any other Contractor/ Employer; and / or
(c) any additional work, Plant, Materials or services which are not included in the Scope of the Project
13.1.3 If the Contractor determines at any time that a Change of Scope will, if
adopted,
(i) accelerate completion,
(ii) reduce the cost to the Employer of executing, maintaining or operating the Project Works,
(iii) improve the efficiency or value to the Employer of the completed Project Works, or
(iv) otherwise be of benefit to the Employer, it shall prepare a proposal with relevant details at its own cost.
The Contractor shall submit such proposal, supported with the relevant details and the amount of reduction in the Contract Price to the Employer to consider such Change of Scope. The Employer shall, within 15 (fifteen) days of receipt of such proposal, either accept such Change of Scope with modifications, if any, and initiate proceedings therefor in accordance with this Article 13 or reject the proposal and inform the Contractor of its decision. For the avoidance of doubt, the Parties agree that the Contractor shall not undertake any Change of Scope without the express consent of the Employer, save and except any Works necessary for meeting any Emergency.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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13.2 Procedure for Change of Scope
13.2.1 In the event of the Employer determining that a Change of Scope is necessary, it may direct the Employer’s Engineer to issue to the Contractor a notice specifying in reasonable detail the Works and services contemplated thereunder (the “Change of Scope Notice”).
13.2.2 Upon receipt of a Change of Scope Notice, the Contractor shall, with due
diligence, provide to the Employer and the Employer’s Engineer such information as is necessary, together with preliminary Documentation in support of:
(a) the impact, if any, which the Change of Scope is likely to have on
the Project Completion Schedule if the Works or services are required to be carried out during the Construction Period; and
(b) the options for implementing the proposed Change of Scope and the
effect, if any, each such option would have on the costs and time thereof, including the following details:
(i) break down of the quantities, unit rates and cost for
d ifferent items of work; (ii) proposed design for the Change of Scope; and (iii) proposed modifications, if any, to the Project Completion
schedule of the Project Works.
For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of Clause 13.4.2, the Contract Price shall be increased or decreased, as the case may be, on account of Change of Scope.
13.2.3 The Contractor’s quotation of costs for the Change of Scope shall be
determined on the following principles:
(a) the latest available edition of MIDC Schedule of Rates applicable to Nanded Region & Aurangabad PWD rates will be adopted for the valuation of any Works which are not already covered by the items included in Price Schedules. Payments for the Variations Items shall be made in INR only.
(b) In the event that items are not covered in the MIDC Schedule of rates applicable to Nanded Region, then the latest edition of the Maharashtra Water Supply and Sewerage Board rates applicable for Aurangabad and then the schedule of rates related to Aurangabad PWD will be used in that order.
(c) The market rates substantiated with 3 quotations, followed by work order and/ or Tax Invoice shall be considered only when the executed variation items are not covered under Price Schedule or the above referred schedule of rates. A fixed percentage of 15% shall be added to cover the Contractor's Overhead and Profit for the rates evaluated under this category (c).
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(d) For electrical work the estimates prepared by MSEDCL will be considered for substantion.
13.2.4 Upon reaching an Agreement, the Employer shall issue an order (the
“Change of Scope Order”) requiring the Contractor to proceed with the performance thereof. In the event that the Parties are unable to agree, the Employer may:
(a) issue a Change of Scope Order requiring the Contractor to proceed
with the performance thereof at the rates and conditions approved by the Employer till the matter is resolved in accordance with Article 26; or
(b) proceed in accordance with Clause 13.5.
13.2.5 The provisions of this Agreement, insofar as they relate to Works and
Tests, shall apply mutatis mutandis to the Works undertaken by the Contractor under this Article 13.
13.3 Payment for Change of Scope
Payment for Change of Scope shall be made in accordance with the payment schedule specified in the Change of Scope Order.
13.4 Restrictions on Change of Scope
13.4.1 No Change of Scope shall be executed unless the Employer has issued the Change of Scope Order save and except any Works necessary for meeting any Emergency.
13.4.2 Unless the Parties mutually agree to the contrary, the total value of all
Change of Scope Orders shall not exceed 10 (ten) per cent of the Contract Price.
13.4.3 Notwithstanding anything to the contrary in this Article 13, no change
made necessary because of any default of the Contractor in the performance of its obligations under this Agreement shall be deemed to be Change of Scope, and shall not result in any adjustment of the Contract Price or the Project Completion Schedule.
13.5 Power of the Employer to undertake Works 13.5.1 In the event the Parties are unable to agree to the proposed Change of
Scope Orders in accordance with Clause 13.2, the Employer may, after giving notice to the Contractor and considering its reply thereto, award such Works or services to any person on the basis of open competitive bidding from amongst bidders who are pre-qualified for undertaking the additional work; provided that the Contractor shall have the option of matching the first ranked Bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the B i d amount to the Employer, and
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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thereupon securing the award of such Works or services. For the avoidance of doubt, it is agreed that the Contractor shall be entitled to exercise such option only if it has participated in the bidding process and its Bid does not exceed the first ranked Bid by more than 10% (ten percent) thereof. It is also agreed that the Contractor shall provide assistance and cooperation to the person who undertakes the Works or services hereunder, but shall not be responsible for rectification of any Defects and/ or Maintenance of Works carried out by other agencies.
13.5.2 The Works undertaken in accordance with this Clause 13.5 shall conform to
the Specifications and Standards and shall be carried out in a manner that minimises the disruption in operation of the Project Works. The provisions of this Agreement, insofar as they relate to Works and Tests, shall apply mutatis mutandis to the Works carried out under this Clause 13.5.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 14
14. MAINTENANCE
14.1 Maintenance obligations of the Contractor
14.1.1 The Contractor shall maintain the Project Works for a period of [4 (Four)
years] commencing from the date of issue of the Completion Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the Contractor shall be paid a total amount equal to 0.4 % (zero point four per cent) of the Contract Price (inclusive of all taxes, GST) for the first year of Maintenance, and 0.5% (zero point five per cent) of the Contract Price for the second and third year respectively and 0.6% (zero point six per cent) for the fourth year of Maintenance, inclusive of all Taxes including GST.
14.1.2 During the Maintenance Period, the Employer shall provide to the
Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include:
(a) permitting safe, smooth and uninterrupted flow of traffic on the
Project Roads;
(b) undertaking routine Maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices;
(c) undertaking repairs to structures;pump house; retaining wall
(d) Undertaking repairs to pump machinery, piping, valves, actuator, transformer, cables, switchgear etc.
(e) informing the Employer of any unauthorized use of the Project
Roads;
(f) informing the Employer of any encroachments on the Project Roads; and
(g) operation and Maintenance of all communication, patrolling, and
administrative systems necessary for the efficient Maintenance of the Project Works in accordance with the provisions of this Agreement.
14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Employer or a Force Majeure Event.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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14.1.4 The Contractor shall remove promptly from the Project Roads any waste Materials (including hazardous Materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.
14.2 Maintenance Requirements
The Contractor shall ensure that at all times during the Maintenance Period; the Project Works conforms to the Maintenance requirements set forth in Schedule-E (the “Maintenance Requirements”).
14.3 Maintenance Programme
The Contractor shall prepare a monthly Maintenance Programme (the Maintenance Programme”) in consultation with the Employer’s Engineer and submit the same to the Employer’s Engineer not later than 10 (ten) days prior to the commencement of the month in which the Maintenance is to be carried out. For this purpose a joint monthly inspection by the Contractor and the Employer’s Engineer shall be undertaken. The Maintenance Programme shall contain the following:
(a) The condition of the road in the format prescribed by the Employer’s
Engineer;
(b) the proposed Maintenance Works; and
(c) deployment of resources for Maintenance Works.
14.4 Safety, vehicle breakdowns and accidents
14.4.1 The Contractor shall ensure safe conditions for the Users, and in the event
of unsafe conditions, lane closures, diversions, vehicle breakdowns and accidents, it shall follow the relevant operating procedures for removal of obstruction and debris without delay. Such procedures shall conform to the provisions of this Agreement, Applicable Laws, Applicable Permits and Good Industry Practice.
14.4.2 The Contractor shall promptly remove any damaged vehicles and debris
from the Project Road to enable safe movement of traffic and shall report all accidents to the police forthwith.
14.5 Lane closure/Utility line closure
14.5.1 The Contractor shall not close any lane of the Project Road/ Utility line for undertaking Maintenance Works except with the prior written approval of the Employer’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Employer’s
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Employer.
14.5.2 Upon receiving the permission pursuant to Clause 14.5.1, the Contractor
shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re-opening such lane, the Contractor shall, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Employer calculated at the rate of 0.1% (zero point one percent) of the Quarterly Maintenance payment for each day of delay until the lane has been re-opened for traffic/public use.
14.6 Reduction of Payment for Non-performance of Maintenance Obligations
14.6.1 In the event that the Contractor fails to repair or rectify any Defect or deficiency set forth in Schedule-E within the period specified therein, it shall be deemed as failure of performance of Maintenance obligations by the Contractor and the Employer shall be entitled to effect reduction in Quarterly lump sum payment for Maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Employer under this Agreement, including Termination thereof.
14.6.2 If the nature and extent of any Defect justifies more time for its repair or
rectification than the time specified in Schedule-E, the Contractor shall be entitled to additional time in conformity with Good Industry Practice. Such additional time shall be determined by the Employer’s Engineer and conveyed to the Contractor and the Employer with reasons thereof.
14.7 Employer’s Right to take Remedial Measures
In the event the Contractor does not maintain and/or repair the Project Works or any part thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the Maintenance Programme, as the case may be, and fails to commence remedial Works within 15 (fifteen) days of receipt of the Maintenance Inspection Report under Clause 15.2 or a notice in this behalf from the Employer or the Employer’s Engineer, as the case may be, the Employer shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the cost of the Contractor, and to recover its cost from the Contractor. In addition to recovery of the aforesaid cost, a sum equal to 20% (twenty per cent) of such cost shall be paid by the Contractor to the Employer as Damages.
14.8 Restoration of Loss or Damage to Project Works
Save and except as otherwise expressly provided in this Agreement, in the event that the Project Works or any part thereof suffers any loss or damage during the Maintenance from any cause attributable to the Contractor, the Contractor shall, at its cost and expense, rectify and remedy such loss or damage forthwith so that the Project Works conforms to the provisions of this Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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14.9 Overriding powers of the Employer
14.9.1 If in the reasonable opinion of the Employer, the Contractor is in Material
breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause Material hardship or danger to the Users and pedestrians, the Employer may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be.
14.9.2 In the event that the Contractor, upon notice under Clause 14.9.1, fails to
rectify or remove any hardship or danger within a reasonable period, the Employer may exercise overriding powers under this Clause 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Employer shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Employer in discharge of its obligations hereunder shall be recovered by the Employer from the Contractor, and the Employer shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations.
14.9.3 In the event of a national emergency, civil commotion or any other
circumstances specified in Clause 21.3, the Employer may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Works or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Employer shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Employer. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Employer may issue in pursuance of the provisions of this Clause 14.9.3, and shall provide assistance and cooperation to the Employer, on a best effort basis, for performance of its obligations hereunder.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 15
15. SUPERVISION AND MONITORING DURING MAINTENANCE
15.1 Inspection by the Contractor
15.1.1 The Employer’s Engineer shall undertake regular inspections to evaluate
continuously the compliance with the Maintenance Requirements. 15.1.2 The Contractor shall carry out a detailed pre-monsoon inspection of all
bridges, culverts and drainage system in accordance with the guidelines contained in IRC: SP35. Report of this inspection together with details of proposed Maintenance Works as required shall be conveyed to the Employer’s Engineer forthwith. The Contractor shall complete the proposed Maintenance Works before the onset of the monsoon and send a compliance report to the Employer’s Engineer. Post monsoon inspection shall be undertaken by the Contractor and the inspection report together with details of any Damages observed and proposed action to remedy the same shall be conveyed to the Employer’s Engineer forthwith.
15.2 Inspection and Payments
15.2.1 The Employer’s Engineer may inspect the Project Works at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Employer and the Contractor within 10 (ten) days of such inspection.
15.2.2 After the Contractor submits to the Employer’s Engineer the Quarterly
Maintenance Statement for the Project Works pursuant to Clause 19.6, the Employer’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Employer’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Employer’s Engineer in verifying compliance with the Maintenance Requirements.
15.2.3 For each case of non-compliance of Maintenance Requirements as specified
in the inspection report of the Employer’s Engineer, the Employer’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M.
15.2.4 Any deduction made on account of non-compliance will be paid 75% of the
value of work subsequently after establishing the compliance thereof.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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15.3 Tests
For determining that the Project Works conforms to the Maintenance Requirements, the Employer’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Employer’s Engineer and furnish the results of such Tests forthwith to the Employer’s Engineer.
15.4 Reports of Unusual Occurrence
The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Employer and the Employer’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Works relating to the safety and security of the Users and Project Roads and satisfactory performance of the utility lines. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Road/Works shall include:
(a) accident, death or severe injury to any person;
(b) damaged or dislodged fixed equipment;
(c) flooding of Project Roads;
(d) Functioning of the utilities lines; and
(e) Any other unusual occurrence.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 16
16. TRAFFIC REGULATION
16.1 Traffic regulation by the Contractor
16.1.1 The Contractor shall take all the required measures and make arrangements
for the safety of Users during the Construction and Maintenance of the Project Road or a Section thereof in accordance with the provisions of MORTH Specifications. It shall provide, erect and maintain all such barricades, signs, markings, flags, and lights as may be required by Good Industry Practice for the safety of the traffic passing through the Section under Construction or Maintenance.
16.1.2 All Works shall be carried out in a manner creating least interference to
traffic passing through the Project area or a Section thereof. In sections where Construction or Maintenance Works on the carriageway are taken up, the Contractor shall ensure that proper passage is provided for the traffic. Where it is not possible or safe to allow traffic on part width of the carriageway, a temporary diversion of proper specifications shall be constructed by the Contractor at its own cost. The Contractor shall take prior approval of the Employer’s Engineer for any proposed arrangement for traffic regulation during Construction and Maintenance, which approval shall not be unreasonably withheld.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 17
17. DEFECTS LIABILITY
17.1 Defects Liability Period
17.1.1 The Contractor shall be responsible for all the Defects and deficiencies,
except usual wear and tear in the Project Works or any Section thereof, till the expiry of a period of 4 (four) years commencing from the date of issue of Completion Certificate (the “Defects Liability Period”). For the avoidance of doubt, any repairs or restoration on account of usual wear or tear in the Project Works or any Section thereof shall form a part of the Maintenance obligations of the Contractor as specified in Article 14.
17.1.2 Without prejudice to the provisions of Clause 17.1.1, the Defects Liability
Period for and in respect of any Structures or Major Bridges having a Construction cost exceeding Rs.50 crore (Rupees fifty crore) each, as estimated in accordance with the provisions of Schedule-H, shall be deemed to be extended by a further period of 3(three) years after the expiry of the Defects Liability Period specified in Clause 17.1.1.
17.2 Remedying Defects
Save and except as provided in Clause 14.1.2, the Contractor shall repair or rectify or replace all Defects and deficiencies observed by the Employer’s Engineer during the Defects Liability Period within a period of 15 (fifteen) days from the date of notice issued by the Employer’s Engineer in this behalf, or within such reasonable period as may be determined by the Employer’s Engineer at the request of the Contractor, in accordance with Good Industry Practice.
17.3 Cost of Remedying Defects
For the avoidance of doubt, any repair or rectification or replacement of any/all units of project undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification and repair is attributable to:
a) The design of the Project:
b) Plant, Materials or Workmanship not being in accordance with this agreement and the Specifications and Standards;
c) Improper Maintenance during Construction of the Project Works by the Contractor; and/or
d) Failure by the Contractor to comply with any other obligation under this agreement.
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17.4 Contractor’s Failure to Rectify Defects
In the event that the Contractor fails to repair or rectify such Defect or deficiency within the period specified in Clause 17.2, the Employer shall be entitled to get the same repaired, rectified or remedied at the Contractor’s cost so as to make the Project Works conform to the Specifications and Standards and the provisions of this Agreement. All costs consequent thereon shall, after due consultation with the Employer and the Contractor, be determined by the Employer’s Engineer. The cost so determined for repair or rectification or replacement of such defects plus an amount equal to hundred percent (100%) of the above cost as Damages shall be recoverable by the Employer from the Contractor and may be deducted by the Employer from any monies due to the Contractor.
17.5 Contractor to Search Cause
17.5.1 The Employer’s Engineer may instruct the Contractor to examine the cause
of any Defect in the Works or part thereof before the expiry of the Defects Liability Period.
17.5.2 In the event any Defect identified under Clause 17.5.1 is attributable to the
Contractor, the Contractor shall rectify such Defect within the period specified by the Employer’s Engineer, and shall bear the cost of the examination and rectification of such Defect.
17.5.3 In the event such Defect is not attributable to the Contractor, the
Employer’s Engineer shall, after due consultation with the Employer and the Contractor, determine the costs incurred by the Contractor on such examination and notify the same to the Contractor, with a copy to the Employer, and the Contractor shall be entitled to payment of such costs by the Employer.
17.6 Extension of Defects Liability Period
The Defects Liability Period shall be deemed to be extended till the identified Defects under Clause 17.2 have been remedied.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 18
18. EMPLOYER’S ENGINEER
18.1 Appointment of the Employer’s Engineer
18.1.1 The Employer shall appointed the PMNC a Consulting Engineering firm, for
the said project to be the Engineer under this Agreement (the “Employer’s Engineer”).
18.1.2 The staff of the Employer’s Engineer shall include suitably qualified
engineers and other professionals who are competent to assist the Employer’s Engineer to carry out its duties.
18.2 Duties and Authority of the Employer’s Engineer
18.2.1 The Employer’s Engineer shall perform the duties and exercise the
Authority in accordance with the provisions of of its Agreement, and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annex 1 of Schedule N, but subject to obtaining prior written approval of the Employer before determining:
(a) Any Time Extension;
(b) any additional cost to be paid by the Employer to the Contractor
(c) the Termination Payment; or
(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. 50,00,000 (Rs. fifty lakh).
18.2.2 No decision or communication of the Employer’s Engineer shall be
effective or valid unless it is accompanied by an attested true copy of the approval of the Employer for and in respect of any matter specified in Clause 18.2.1.
18.3 Delegation by the Employer’s Engineer
18.3.1 The Employer’s Engineer may, by order in writing, delegate any of his
duties and responsibilities to suitably qualified and experienced personnel who are accountable to Employer’s Engineer, or may revoke any such delegation, under intimation to the Employer and the Contractor. Provided, however, that the Employer’s Engineer shall be responsible and liable for all actions and omissions of such personnel.
18.3.2 Any failure of the Employer’s Engineer to disapprove any work, Plant or
Materials shall not constitute approval, and shall therefore not prejudice the right of the Employer to reject the work, Plant or Materials, which is not in
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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accordance with the provisions of this Agreement and the Specifications and Standards.
18.3.3 Notwithstanding anything stated in Clause 18.3.1 above, the Employer’s
Engineer shall not delegate his Employee to refer any matter for the Employer’s prior approval wherever required in accordance with the provisions of Clause 18.2.
18.4 Instructions of the Employer’s Engineer
18.4.1 The Employer’s Engineer may issue to the Contractor instructions for
remedying any Defect. The Contractor shall take such instructions from the Employer’s Engineer, or from an assistant to whom appropriate Authority has been delegated under Clause 18.3.
18.4.2 The instructions issued by the Employer’s Engineer shall be in writing (email
communication need to be followed by a formal letter). However, if the Employer’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them.
18.4.3 In case the Contractor does not receive the confirmation of the oral
instruction within the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Employer’s Engineer. The Contractor shall obtain acknowledgment from the Employer’s Engineer of the communication seeking written confirmation. In case of failure of the Employer’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction.
18.4.4 In case of any Dispute on any of the instructions issued by the delegated
assistant, the Contractor may refer the Dispute to the Employer’s Engineer, who shall then confirm, reverse or vary the instructions within [3 (three)] business days of the Dispute being referred.
18.5 Determination by the Employer’s Engineer
18.5.1 The Employer’s Engineer shall consult with each Party in an endeavor to
reach Agreement wherever this Agreement provides for the determination of any matter by the Employer’s Engineer. If such Agreement is not achieved, the Employer’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Employer’s Engineer shall give notice to both the Parties of each Agreement or determination, with supporting particulars.
18.5.2 Each Party shall give effect to each Agreement or determination made by
the Employer’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party Disputes any instruction, decision, direction or determination of the Employer’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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18.6 Remuneration of the Employer’s Engineer
The remuneration, cost and expenses of the Employer’s Engineer shall be paid by the Employer.
18.7 Termination of the Employer’s Engineer
18.7.1 The Employer may, in its discretion, replace the Employer’s Engineer any
time during the currency of the contract, if in the opinion of the Employer, that Employer’s Engineer had acted in contrary to the Terms of Reference of the Employer’s Engineer Contract, after due diligence, but only after appointment of another Employer’s Engineer in accordance with Clause 18.1.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Part IV
Financial Covenants
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 19
19. PAYMENTS
19.1 Contract Price
19.1.1 The Employer shall make payments to the Contractor for the Works in
consideration of the obligations specified in this Agreement for an amount of Rs............... (Rupees………………………………………..) (the “Contract Price”), which shall be subject to adjustments in accordance with the provisions of this Agreement. For the avoidance of doubt, the Parties expressly agree that the Contract Price shall not include the cost of Maintenance which shall be paid separately in accordance with the provisions of Clause 19.7. The Parties further agree that save and except as provided in this Agreement, the Contract Price shall be valid and effective until issue of Completion Certificate.
19.1.2 The Contract Price includes all duties, Taxes, royalty, GST and fees that
may be levied in accordance with the laws and regulations in force as on the Base Date under this Agreement. Nothing in this Agreement shall relieve the Contractor from its responsibility to pay any tax including GST and any tax that may be levied in India on profits made by it in respect of this Agreement.
19.1.2.1 Procedure for Royality payments, in case the same is not paid directly by the
contractor
(a) A copy of the agreement shall be forwarded to Renevue officer with intimation that the royalty for minor mineral/excavation involved in the work such as mumurm, sand, metal, rubble etc. will be deducted from each IPC of the contractor will be remitted by MIDC directly with them, if the same is not paid directly by the contractor to Revenue authorities.
(b) For working out the amount of royalty to be recovered, consumption statement of minor minerals such as metal, rubble, sand etc. shall be prepared for the items where minor minerals are used for the work. No bulkage shall be considered while arriving quantities and the amount of royalty for each minor mineral shall be worked out as per prevailing rate. However, the amount so recovered shall be certified by the Revenue Authorities before finalization of bill to implement exact recovery.
(c) As regards items such as cement concrete pipe, ready-mix plaster, ready-mix concrete, precast concrete material, premix asphalt brought from plant, all types of tiles etc, consumption of minor minerals need not be worked out and royalty for the same shall not be recovered and paid to Revenue Department.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(d) If the contractor submits that he has already paid the royalty to Revenue Department even in such cases the royalty charges shall have to be recovered from the bills of the contractor and shall be kept in deposit for want to confirmation from Revenue Authority. The amount in deposit shall be released only after getting confirmation from the Revenue Authorities. In such cases, Employers Engineer shall forward the receipts of payment of Royalty charges produced by the contractor to the Revenue Authorities and obtain their confirmation. Till such time, the Royalty charges shall be recovered and kept in deposit.
19.1.3 The Contract Price shall not be adjusted for any change in costs stated in Clause 19.1.2 above, except as stated in Clauses 19.1.21. , 19.10 and 19.17 respectively.
19.1.4 The Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs, unless otherwise provided for in this Agreement. 19.1.5 Unless otherwise stated in this Agreement, the Contract Price covers all
the Contractor’s obligations for the Works under this Agreement and all things necessary for the Construction and the remedying of any Defects in the Project Works.
19.1.6 All payments under this Agreement shall be made in Indian Rupees. 19.1.7 No first payment shall be released to the contractor unless Project office for
and quality lab is set up as per clause no : 3.1.11 & 3.9 respectively. 19.1.8 The second payment shall be released to the contractor only after the
installation and commisoning of hot mix plant at site.
19.2 Advance Payment
19.2.1 The Employer shall make an interest bearing advance payment @ Bank
Rate per annum (the “Advance Payment”), equal in amount to 10 (ten) percent of the Contract Price, for mobilization expenses and for acquisition of equipment. The Advance Payment shall be made in three installments. The first installment shall be an amount equal to 2% (two percent) of the Contract Price, the second installment shall be equal to 3% (three percent) of the Contract Price, and the third installment shall be equal to 5% (five percent) of the Contract Price.
19.2.2 The Contractor may apply to the Employer for the first installment of the
Advance Payment at any time after signing of the Contract Agreement, along with an irrevocable and unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred and ten per cent) of such installment, substantially in the form provided at Annex-III of Schedule-G, to remain effective till the complete and full repayment thereof.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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19.2.3 At any time after 30 (thirty) days from the date of signing of the Contract Agreement, the Contractor may apply for the second installment of the Advance Payment along with an irrevocable and unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred and ten per cent) of such installment, substantially in the form provided at Annex-III of Schedule-G, to remain effective till the complete and full repayment thereof along with proof of satisfactory utilization of first installment of Advance Payment in this Project.
19.2.4 At any time, after 60 (sixty) days from the date of signing of the Contract
Agreement, the Contractor may apply to the Employer for the third installment of the Advance Payment along with an irrevocable and unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred and ten per cent) of such installment, substantially in the form provided at Annex-III of Schedule-G, to remain effective till the complete and full repayment thereof along with proof of satisfactory utilization of second installment of the Advance Payment in this Project. No advance shall be given after 40% of the original Contract amount has been paid.
19.2.5 The first, second and the third installments shall be paid by the Employer
to the Contractor within 15 (fifteen) days of the receipt of its respective requests in accordance with the provisions of this Clause 19.2.
19.2.6 The recovery of all Advances shall commence when 20% (twenty per
cent) of the original Contract Price of the work has been paid, or two months after the Commencement Date of the Contract whichever is the earlier, and it will be completed by the time 80% of the original contract value has been paid or by the time of original Completion Date whichever is earlier. The recovery of advances shall be limited to 30% (thirty per cent) of an account bill.
19.2.7 If the Advance Payment has not been fully repaid prior to Termination
under Clause 21.7 or Article 23, as the case may be, the whole of the balance then outstanding including interest shall be immediately become due and payable by the Contractor to the Employer.
19.3 Procedure for Estimating the Payment for the Works
19.3.1 The Employer shall make interim payments to the Contractor as certified
by the Employer’s Engineer on completion of a stage, in a length, number or area as specified, and valued in accordance with the proportion of the Contract Price assigned to each item and its stage in Schedule-H. A billing breakup schedule will be submitted to the Employers Engineer and upon approval will be utilized for processing interim payments.
19.3.2 The Contractor shall base its claim for interim payment for the stages completed till the end of the month for which the payment is claimed, valued in accordance with Clause 19.3.1, supported with necessary particulars and documents in accordance with this Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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19.3.3 Any reduction in the Contract Price arising out of Change of Scope or the Works withdrawn under Clause 8.3 shall not affect the amounts payable for the items or stage payments thereof which are not affected by such Change of Scope or withdrawal. For avoidance of doubt and by way of illustration, the Parties agree that if the amount assigned to Roadworks is reduced from Rs.50 crore to Rs.45 crore owing to Change of Scope or withdrawal of work, the reduction in payment shall be restricted to relevant payments fo road works only and the payment due in respect of all other stage payments under the item Road works shall not be affected in any manner. The Parties further agree that the adjustments arising out of the aforesaid modifications shall be carried out in a manner that the impact of such modifications is restricted to the said Change of Scope or withdrawal, as the case may be, and does not alter the payments due for and in respect of items or stage payments which do not form part of such Change of Scope or withdrawal.
19.4 Stage Payment Statement for Works
The Contractor shall submit a statement (the “Stage Payment Statement”), in 3 copies, by the 7th (seventh) day of the month to the Employer’s Engineer in the form set forth in Schedule-O, showing the amount calculated in accordance with Clause 19.3 to which the Contractor considers himself entitled for completed stage(s) of the Works. The Stage Payment Statement shall be accompanied with the progress reports and any other supporting documents. The Contractor shall not submit any claim for payment of incomplete stages of work.
19.5 Stage Payment for Works
19.5.1 Within 15 (fifteen) days of the receipt of the Stage Payment Statement
referred to in Clause 19.4, the Employer’s Engineer shall determine and shall deliver to the Employer and the Contractor an Interim Payment Certificate (IPC) certifying the amount due and payable to the Contractor, after adjusting the payments already released, if any to the Contractor. Within 15 (fifteen) days of the receipt of IPC certificate, the Employer shall pay the contractor the approved/certified sum against the said IPC.
19.5.2 In cases where there is a difference of opinion as to the value of any stage, the Employer’s Engineer’s view shall prevail and interim payments shall be made to the Contractor on this basis; provided that the foregoing shall be without prejudice to the Contractor’s right to raise a Dispute.
19.5.3 The Employer’s Engineer may, for reasons to be recorded, withhold from
payment:
(a) the estimated value of work or obligation that the Contractor has failed to perform in accordance with this Agreement and the Employer’s Engineer had notified the Contractor; and
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(b) the estimated cost of rectification of work done being not in accordance with this Agreement.
19.5.4 Payment by the Employer shall not be deemed to indicate the Employer's
acceptance, approval, consent or satisfaction with the work done.
19.6 Maintenance Statement of the Project Works
19.6.1 The Contractor shall submit to the Employer’s Engineer a Quarterly Maintenance statement (“Quarterly Maintenance Statement”) in 3 (three) copies by the 7th (seventh) day of starting Quarter in the format set forth in Schedule-O for the Maintenance of the Project Works during the previous month. However, contractor needs to summit the monthly O&M report for records and performance.
19.6.2 The Quarterly lump sum amount payable for Maintenance shall be 1/4th (one-fourth) of the annual cost of Maintenance as specified in Clause 14.1.1. and O&M cost for Treatment Plants as per Schedule M.
19.7 Payment for Maintenance of the Project Works
19.7.1 Within 15 (fifteen) days of receipt of the Quarterly Maintenance Statement
from the Contractor pursuant to Clause 19.6, the Employer’s Engineer shall verify the Contractor’s Quarterly Maintenance statement and certify the amount to be paid to the Contractor taking into account:
(a) Compliance with the Maintenance Requirements; and
(b) Reduction for non-compliance with the Maintenance Requirement
in accordance with Clause 19.7.2.
The Employer’s Engineer shall deliver to the Employer an IPC approving or amending the quarterly Maintenance statement to reflect the amount due to the Contractor in accordance with this Agreement. Within 15 (fifteen) days of the receipt of certified IPC, the Employer shall pay the contractor the approved/certified sum against the said IPC.
19.7.2 Maintenance shall be measured in units of one kilometer each length of
road/drain/pipelines (water, recycled water, sewerage, industrial waste water) and all other units as decided by the Employers Engineer based on the O&M of such units; provided, however, that payment thereof shall be made in fixed Quarterly amounts in accordance with this Agreement. If the Maintenance Requirements set forth in Schedule-E are not met, reduction in payments shall be made in accordance with the provisions of Schedule-M. The reductions for noncompliance with the Maintenance Requirements shall be applied on the basis of monthly inspections by the Employer’s Engineer.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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19.7.3 The deduction made on account of non-compliance with the Maintenance Requirements shall not be subsequently considered for payment after the compliance is achieved by repair or rectification.
19.7.4 The Employer shall pay to the Contractor every quarter any amount due under any IPC under this Clause 19.7. The payment shall be made no later than 45 (forty five) days from the date of submission of the last IPC for the relevant quarter.
19.8 Payment of Damages
19.8.1 The Contractor may claim Damages due and payable to it in accordance
with the provisions of this Agreement.
19.8.2 The Employer’s Engineer shall issue the IPC within 15 (fifteen) days of the receipt of the claim under Clause 19.8.1, after making adjustments in accordance with the provisions of this Agreement. The Employer shall pay to the Contractor the amount due under any IPC within a period of 30 (thirty) days from the date of the submission of the claim under this Clause 19.8. In the event of the failure of the Employer to make payment to the Contractor within the specified time, the Employer shall be liable to pay to the Contractor interest thereon and the provisions of Clause 19.9 shall apply mutatis mutandis thereto.
19.9 Time of Payment
19.9.1 The Employer shall pay to the Contractor any amount due under any payment certificate issued by the Employer’s Engineer in accordance with the provisions of this Article 19, or in accordance with any other clause of this Agreement as follows:
(a) payment shall be made no later than 45 (forty five) days from the
date of submission of the Approved Stage Payment Statement by the Contractor to the Employer’s Engineer for certification in accordance with the provisions of Clause 19.4 for an IPC; provided that, in the event the IPC is not issued by the Employer’s Engineer within the aforesaid period of 30 (thirty) days, the Employer shall pay the amount shown in the Contractor’s Stage Payment Statement and any discrepancy therein shall be added to, or deducted from, the next payment certificate issued to the Contractor; and
(b) payment shall be made no later than 45 (forty five) days from the
date of submission of the Final Approved Payment Certificate for Works along with the discharge submitted to the Employer’s Engineer in accordance with the provisions of Clause 19.15 for certification.
19.9.2 Deleted.
19.10 Price Adjustment for the Works
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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19.10.1 The amounts payable to the Contractor for Works shall not be adjusted for any price variation expect as per Clause 19.17, Change in law
19.11 Discharge
19.11.1 Upon submission of the Final Payment Statement for Works under Clause
19.13, the Contractor shall give to the Employer, with a copy to the Employer’s Engineer, a written discharge confirming that the total of the Final Payment Statement represents full and final settlement of all monies due to the Contractor in respect of this Agreement for all the Works arising out of this Agreement, except for any monies due to either Party on account of any Defect. Provided that such discharge shall become effective only after the payment due has been made in accordance with the Final Payment Certificate issued pursuant to Clause 19.15.
19.12 Final Payment Certificate
19.12.1 Within 30 (thirty) days after receipt of the Final Payment Statement for
Works under Clause 19.13, and the written discharge under Clause 19.14, and there being no Disputed items of claim, the Employer’s Engineer shall deliver to the Employer, with a copy to the Contractor, a final payment certificate (the “Final Payment Certificate”) stating the amount which, in the opinion of the Employer’s Engineer, is finally due under this Agreement or otherwise. For the avoidance of doubt, before issuing the Final Payment Certificate, the Employer’s Engineer shall ascertain from the Employer all amounts previously paid by the Employer and for all sums to which the Employer is entitled, the balance, if any, due from the Employer to the Contractor or from the Contractor to the Employer, as the case may be.
19.12.2 The Employer shall, in accordance with the provisions of Clause 19.9, pay to
the Contractor the amount which is stated as being finally due in the Final Payment Certificate.
19.13 Final payment statement for Maintenance
19.13.1 Within 30 (thirty) days after completion of the Maintenance Period, the
Contractor shall submit to the Employer’s Engineer six copies of the final payment statement for Maintenance of the Project Works, with supporting documents showing the details set forth below in the form prescribed by the Employer’s Engineer
(a) the total amount claimed in accordance with the Quarterly statement for Maintenance of Project Works;
(b) the amount paid in accordance with the Interim Payment
Certificates; and
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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(c) any sums which the Contractor considers to be due to it, with supporting documents.
19.13.2 The Employer’s Engineer shall certify final payment within 30 (thirty)
days of the receipt of the final payment statement of Maintenance under Clause 19.16.1, segregating the items of amount payable from the items of amount disallowed. The Employer shall make payment on the basis of the final payment authorized by the Employer’s Engineer within a period of 30 (thirty) days of the receipt of the Final Payment Statement from the Employer’s Engineer.
19.13.3 If the Employer’s Engineer does not prescribe the form within 15 (fifteen)
days of the date of issue of the Completion Certificate, the Contractor shall submit the statement in such form as it deems fit.
19.14 Change in Laws
19.14.1 If as a result of Change in Law, the Contractor suffers any additional costs in
the execution of the Works or in relation to the performance of its other obligations under this Agreement, the Contractor shall, within 15 (fifteen) days from the date it becomes reasonably aware of such addition in cost, notify the Employer with a copy to the Employer’s Engineer of such additional cost due to Change in Law.
19.14.2 If as a result of Change in Law, the Contractor benefits from any reduction
in costs for the execution of this Agreement or in accordance with the provisions of this Agreement, either Party shall, within 15 (fifteen) days from the date it becomes reasonably aware of such reduction in cost, notify the other Party with a copy to the Employer’s Engineer of such reduction in cost due to Change in Law.
19.14.3 The Employer’s Engineer shall, within 15 (fifteen) days from the date of
receipt of the notice from the Contractor or the Employer, determine any addition or reduction to the Contract Price, as the case may be, due to the Change in Law.
19.15 Correction of Interim Payment Certificates
The Employer’s Engineer may by an Interim Payment Certificate make any correction or modification in any previous Interim Payment Certificate issued by the Employer’s Engineer.
19.16 Employer’s claims
If the Employer considers itself to be entitled to any payment from the Contractor under any Clause of this Agreement, it shall give notice and particulars to the Contractor 20 (twenty) days before making the recovery from any amount due to the Contractor, and shall take into consideration
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the representation, if any, made by the Contractor in this behalf, before making such recovery.
19.17 Bonus for early completion
In the event that the Project Completion Date occurs prior to the Scheduled Completion Date, the Contractor shall be entitled to receive a payment of bonus equivalent to 0.2 % (Zero point Two percentage) of the total Contract Price calculated on monthly basis by which the Project Completion Date precedes the Scheduled Completion Date, but subject to a maximum of 1% (One percent) of the Contract Price.
Provided, however, that the payment of bonus, if any, shall be made
only after the issue of the Completion Certificate. For the avoidance of the doubt, the Parties agree that for the purpose of determining the bonus payable hereunder, the Contract Price shall always be deemed to be the amount specified in Clause 19.1.1, and shall exclude any revision thereof for any reason. The Parties also agree that bonus shall be payable only if each work for which Extension of Time has been granted is completed within respective Extended Time
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 20
20. INSURANCE
20.1 Insurance for Works and Maintenance
20.1.1 The Contractor shall effect and maintain at its own cost the insurances
specified in Schedule-P and as per the requirements under the Applicable Laws.
20.1.2 Subject to the provisions of Clause 21.6, the Employer and the Contractor
shall, in accordance with its obligations as provided for in this Agreement, be liable to bear the cost of any loss or damage that does not fall within the scope o f this Article 20 or cannot be recovered from the insurers.
20.1.3 Subject to the exceptions specified in Clause 20.1.4 below, the Contractor
shall, save and except as provided for in this Agreement, fully indemnify, hold harmless and defend the Employer from and against any and all losses, Damages, costs, charges and/or claims with respect to:
(a) the death of or injury to any person; or
(b) the loss of or damage to any property (other than the Works);
That may arise out of or in consequence of any breach by the Contractor of this Agreement during the execution of the Works or the remedying of any Defects therein.
20.1.4 Notwithstanding anything stated above in Clause 20.1.3, the Employer shall
fully indemnify the Contractor from and against any and all losses, Damages, costs, charges, proceedings and/or claims arising out of or with respect to
(a) the use or occupation of land or any part thereof by the Employer;
(b) the right of the Employer to execute the Works, or any part thereof,
on, over, under, in or through any land;
(c) the damage to property which is the unavoidable result of the execution and completion of the Works, or the remedying of any Defects therein, in accordance with this Agreement; and
(d) the death of or injury to persons or loss of or damage to property
resulting from any act or neglect of the Employer, its agents, servants or other contractors, not being employed by the Contractor Provided that, in the event of any injury or damage as a result of the contributory negligence of the Contractor, the Employer shall be liable to indemnify the Contractor from and against any and all losses, Damages, costs, charges, proceedings and/or claims to the
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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extent as may be proportionately determined to be the liability of the Employer, its servants or agents or other contractors not associated with the Contractor in such injury or damage.
20.1.5 Without prejudice to the obligations of the Parties as specified under
Clauses 20.1.3 and 20.1.4, the Contractor shall maintain or effect such third party insurances as may be required under the Applicable Laws.
20.1.6 The Contractor shall provide to the Employer, within 30 days of the
Appointed Date, evidence of professional liability insurance maintained by its Design Director and/or consultants to cover the risk of professional negligence in the design of Works. The professional liability coverage shall be for a sum of not less than 3% (three per cent) of the Contract Price and shall be maintained until the end of the Defects Liability Period. The Employer’s Representative will not issue Completion Certificate until the Contractor has produced evidence that coverage of the professional indemnity insurance has been provided for the aforesaid period.
20.2 Notice to the Employer
No later than 15 (fifteen) days after the date of this Agreement, the Contractor shall by notice furnish to the Employer, in reasonable detail, information in respect of the insurances that it proposes to effect and maintain in accordance with this Article 20. Within 15 (fifteen) days of receipt of such notice, the Employer may require the Contractor to effect and maintain such other insurances as may be necessary pursuant hereto, and in the event of any difference or disagreement relating to any such insurance, the Dispute Resolution Procedure shall apply.
20.3 Evidence of Insurance Cover
20.3.1 All insurances obtained by the Contractor in accordance with this Article 20 shall be maintained with insurers on terms consistent with Good Industry Practice. Within 10 (ten) days from the Appointed Date, the Contractor shall furnish to the Employer notarized true copies of the certificate(s) of insurance, copies of insurance policies and premium payment receipts in respect of such insurance, and no such insurance shall be canceled, modified, or allowed to expire or lapse until the expiration of at least 45 (forty-five) days after notice of such proposed cancellation, modification or non-renewal has been delivered by the Contractor to the Employer. The Contractor shall act in accordance with the directions of the Employer. Provided that the Contractor shall produce to the Employer the insurance policies in force and the receipts for payment of the current premium.
20.3.2 The Contractor shall ensure the adequacy of the insurances at all times in accordance with the provisions of this Agreement.
20.4 Remedy for Failure to Insure
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If the Contractor shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Employer shall have the option to either keep in force any such insurances, and pay such premium and recover the costs thereof from the Contractor, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Contractor.
20.5 Waiver of subrogation
All insurance policies in respect of the insurance obtained by the Contractor pursuant to this Article 20 shall include a waiver of any and all rights of subrogation or recovery of the insurers thereunder against, inter alia, the Employer, and its assigns, successors, undertakings and their subsidiaries, Affiliates, employees, insurers and underwriters, and of any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any such person insured under any such policy or in any way connected with any loss, liability or obligation covered by such policies of insurance.
20.6 Contractor’s Waiver
The Contractor hereby further releases, assigns and waives any and all rights of subrogation or recovery against, inter alia, the Employer and its assigns, undertakings and their subsidiaries, Affiliates, employees, successors, insurers and underwriters, which the Contractor may otherwise have or acquire in or from or in any way connected with any loss, liability or obligation covered by policies of insurance maintained or required to be maintained by the Contractor pursuant to this Agreement (other than third party liability insurance policies) or because of deductible clauses in or inadequacy of limits of any such policies of insurance.
20.7 Cross Liabilities
Any such insurance maintained or effected in pursuance of this Article 20 shall include a cross liability clause such that the insurance shall apply to the Contractor and to the Employer as separately insured.
20.8 Accident or Injury to Workmen
Notwithstanding anything stated in this Agreement, it is hereby expressly agreed between the Parties that the Employer shall not be liable for or in respect of any damages or compensation payable to any workman or other person in the employment of the Contractor or Sub-contractor, save and except as for death or injury resulting from any act, omission or default of the Employer, its agents or servants. The Contractor shall indemnify and keep indemnified the Employer from and against all such claims, proceedings, damages, costs, charges, and expenses whatsoever in respect of the above save and except for those acts, omissions or defaults for which the Employer shall be liable.
20.9 Insurance Against Accident to Workmen
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The Contractor shall effect and maintain during the Agreement such insurances as may be required to insure the Contractor’s personnel and any other persons employed by it on the Project Site from and against any liability incurred in pursuance of this Article 20. Provided that for the purposes of this Clause 20.9, the Contractor’s personnel/any person employed by the Contractor shall include the Sub-contractor and its personnel. It is further provided that, in respect of any persons employed by any Sub-contractor, the Contractor's obligations to insure as aforesaid under this Clause 20.9 shall be discharged if the Sub-contractor shall have insured against any liability in respect of such persons in such manner that the Employer is indemnified under the policy. The Contractor shall require such Sub-contractor to produce before the Employer, when required, such policy of insurance and the receipt for payment of the current premium within 10 (ten) days of such demand being made by the Employer.
20.10 Application of Insurance Proceeds
The proceeds from all insurance claims, except for life and injury, shall be applied for any necessary repair, reconstruction, reinstatement, replacement, improvement, delivery or installation of the Project Works and the provisions of this Agreement in respect of Construction of Works shall apply mutatis mutandis to the Works undertaken out of the proceeds of insurance.
20.11 Compliance with Policy Conditions
Each Party hereby expressly agrees to fully indemnify the other Party from and against all losses and claims arising from its failure to comply with conditions imposed by the insurance policies effected in accordance with this Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Part V Force Majeure and Termination
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ARTICLE 21
21. FORCE MAJEURE
21.1 Force Majeure
As used in this Agreement, the expression “Force Majeure” or “Force Majeure Event” shall mean occurrence in India of any or all of Non- Political Event, Indirect Political Event and Political Event, as defined in Clauses 21.2, 21.3 and 21.4 respectively, if it affects the performance by the Party claiming the benefit of Force Majeure (the “Affected Party”) of its obligations under this Agreement and which act or event (i) is beyond the reasonable control of the Affected Party, and (ii) the Affected Party could not have prevented or overcome by exercise of due diligence and following Good Industry Practice, and (iii) has Material Adverse Effect on the Affected Party.
21.2 Non-Political Event
A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions,
lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Contractor,
Subcontractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Project Works for a continuous period of 24 (twenty-four) hours and an aggregate period exceeding 10 (ten) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 21.3;
(c) any failure or delay of a Sub-contractor but only to the extent
caused by another Non-Political Event;
(d) any judgment or order of any court of competent jurisdiction or statutory Employer made against the Contractor in any proceedings for reasons other than (i) failure of the Contractor to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Employer;
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(e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a Site inspection; or
21.3 Indirect Political Event
An Indirect Political Event shall mean one or more of the following acts or events:
(a) an act of war (whether declared or undeclared), invasion, armed
conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage;
(b) industry-wide or State-wide strikes or industrial action for a
continuous period of 24 (twenty-four) hours and exceeding an aggregate period of 10 (ten) days in an Accounting Year;
(c) any civil commotion, boycott or political agitation which prevents
Construction of the Project Works by the Contractor for an aggregate period exceeding 10 (ten) days in an Accounting Year;
(d) any failure or delay of a Sub-contractor to the extent caused by
any Indirect Political Event;
21.4 Political Event
A Political Event shall mean one or more of the following acts or events by or on account of any Government Instrumentality:
(a) Change in Law, only if consequences thereof cannot be dealt
with under and in accordance with the provisions of Clause 19.17;
(b) compulsory acquisition in national interest or expropriation of any Project Assets or rights of the Contractor or of the Sub- Contractors;
(c) unlawful or unauthorized or without jurisdiction revocation of, or
refusal to renew or grant without valid cause, any clearance, license, permit, authorization, no objection certificate, consent, approval or exemption required by the Contractor or any of the Sub-contractors to perform their respective obligations under this Agreement; provided that such delay, modification, denial, refusal or revocation did not result from the Contractor’s or any Sub- contractor’s inability or failure to comply with any condition relating to grant, Maintenance or renewal of such clearance, license, authorization, no objection certificate, exemption, consent, approval or permit;
(d) any failure or delay of a Sub-contractor but only to the extent
caused by another Political Event;
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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21.5 Duty to report Force Majeure Event
21.5.1 Upon occurrence of a Force Majeure Event, the Affected Party shall by
notice report such occurrence to the other Party forthwith. Any notice pursuant hereto shall include full particulars of:
(a) the nature and extent of each Force Majeure Event which is the
subject of any claim for relief under this Article 21 with evidence in support thereof;
(b) the estimated duration and the effect or probable effect which
such Force Majeure Event is having or will have on the Affected Party’s performance of its obligations under this Agreement;
(c) the measures which the Affected Party is taking or proposes to
take for alleviating the impact of such Force Majeure Event; and
(d) any other information relevant to the Affected Party’s claim.
21.5.2 The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure Event unless it shall have notified the other Party of the occurrence of the Force Majeure Event as soon as reasonably practicable, and in any event no later than 10 (ten) days after the Affected Party knew, or ought reasonably to have known, of its occurrence, and shall have given particulars of the probable Material effect that the Force Majeure Event is likely to have on the performance of its obligations under this Agreement.
21.5.3 For so long as the Affected Party continues to claim to be Material ly
affected by such Force Majeure Event, it shall provide the other Party with regular (and not less than weekly) reports containing information as required by Clause 21.5.1, and such other information as the other Party may reasonably request the Affected Party to provide.
21.6 Effect of Force Majeure Event on the Agreement
21.6.1 Upon the occurrence of any Force Majeure after the Appointed Date, the
costs incurred and attributable to such event and directly relating to this Agreement (the “Force Majeure costs”) shall be allocated and paid as follows:
(a) upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure costs and neither Party shall be required to pay to the other Party any costs thereof;
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(b) upon occurrence of an Indirect Political Event, all Force Majeure costs attributable to such Indirect Political Event, and not exceeding the Insurance Cover for such Indirect Political Event, shall be borne by the Contractor, and to the extent Force Majeure costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by the Employer to the Contractor for the Force Majeure events; and
(c) upon occurrence of a Political Event, all Force Majeure costs attributable to such Political Event shall be reimbursed by the Employer to the Contractor.
For the avoidance of doubt, Force Majeure costs may include costs directly attributable to the Force Majeure Event, but shall not include debt repayment obligations, if any, of the Contractor.
21.6.2 Save and except as expressly provided in this Article 21, neither Party shall
be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
21.6.3 Upon the occurrence of any Force Majeure Event during the
Construction Period, the Project Completion Schedule for and in respect of the affected Works shall be extended on a day for day basis for such period as performance of the Contractor’s obligations is affected on account of the Force Majeure Event or its subsisting effects.
21.7 Termination Notice for Force Majeure Event
If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a continuous period of 120 (one hundred and twenty) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 21, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.
21.8 Termination Payment for Force Majeure Event
21.8.1 In the event of this Agreement being terminated on account of a Non-
Political Event, the Termination Payment shall be an amount equal to the sum payable under Clause 23.5.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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Provided that in the event Termination occurs during the Maintenance Period, the Employer’s Engineer shall only determine the value of Works associated with Maintenance.
21.8.2 If Termination is on account of an Indirect Political Event, the Termination Payment shall include:
(a) any sums due and payable under Clause 23.5; and (b) the reasonable cost, as determined by the Employer’s Engineer, of
the Plant and Materials procured by the Contractor and transferred to the Employer for use in Construction or Maintenance, only if such Plant and Materials are in conformity with the Specifications and Standards;
Provided that in the event Termination occurs during the Maintenance Period, the Employer’s Engineer shall only determine the value of Works associated with Maintenance.
21.8.3 If Termination is on account of a Political Event, the Employer shall
make a Termination Payment to the Contractor in an amount that would be payable under Clause 23.6.2 as if it were an Employer Default.
21.9 Dispute resolution
In the event that the Parties are unable to agree in good faith about the occurrence or existence of a Force Majeure Event, such Dispute shall be finally settled in accordance with the Dispute Resolution Procedure; provided that the burden of proof as to the occurrence or existence of such Force Majeure Event shall be upon the Party claiming relief and/or excuse on account of such Force Majeure Event.
21.10 Excuse from performance of obligations
If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the Suspension of performance shall be of no greater scope and of no
longer duration than is reasonably required by the Force Majeure Event;
(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and
(c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 22
22. SUSPENSION OF CONTRACTOR’S RIGHTS
22.1 Suspension upon Contractor Default
Upon occurrence of a Contractor Default, the Employer shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend carrying out of the Works or Maintenance or any part thereof, and (ii) carry out such Works or Maintenance itself or authorize any other person to exercise or perform the same on its behalf during such Suspension (the “Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice by the Employer to the Contractor and may extend up to a period not exceeding 90 (ninety) days from the date of issue of such notice.
22.2 Employer to act on behalf of Contractor
During the period of Suspension hereunder, all rights and liabilities vested in the Contractor in accordance with the provisions of this Agreement shall continue to vest therein and all things done or actions taken, including expenditure incurred by the Employer for discharging the obligations of the Contractor under and in accordance with this Agreement shall be deemed to have been done or taken for and on behalf of the Contractor and the Contractor undertakes to indemnify the Employer for all costs incurred during such period. The Contractor hereby licenses and sub-licenses respectively, the Employer or any other person authorized by it under Clause 22.1 to use during Suspension, all Intellectual Property belonging to or licensed to the Contractor with respect to the Project Works and its design, engineering, Construction and Maintenance, and which is used or created by the Contractor in performing its obligations under the Agreement.
22.3 Revocation of Suspension
22.3.1 In the event that the Employer shall have rectified or removed the cause of Suspension within a period not exceeding 60 (sixty) days from the date of Suspension, it shall revoke the Suspension forthwith and restore all rights of the Contractor under this Agreement. For the avoidance of doubt, the Parties expressly agree that the Employer may, in its discretion, revoke the Suspension at any time, whether or not the cause of Suspension has been rectified or removed hereunder.
22.3.2 Upon the Contractor having cured the Contractor Default within a
period not exceeding 60 (sixty) days from the date of Suspension, the Employer shall revoke the Suspension forthwith and restore all rights of the Contractor under this Agreement.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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22.4 Termination
22.4.1 At any time during the period of Suspension under this Article 22, the
Contractor may by notice require the Employer to revoke the Suspension and issue a Termination Notice. The Employer shall, within 15 (fifteen) days of receipt of such notice, terminate this Agreement under and in accordance with Article 23.
22.4.2 Notwithstanding anything to the contrary contained in this Agreement, in
the event that Suspension is not revoked within 90 (ninety) days from the date of Suspension hereunder, the Agreement shall, upon expiry of the aforesaid period, be deemed to have been terminated by mutual Agreement of the Parties and all the provisions of this Agreement shall apply, mutatis mutandis, to such Termination as if a Termination Notice had been issued by the Employer upon occurrence of a Contractor Default.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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ARTICLE 23
23. TERMINATION
23.1 Termination for Contractor Default
23.1.1 Save as otherwise provided in this Agreement, in the event that any of the
defaults specified below shall have occurred, and the Contractor fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Contractor shall be deemed to be in default of this Agreement (the “Contractor Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Employer or due to Force Majeure. The defaults referred to herein shall include:
(a) the Contractor fails to provide, extend or replenish, as the case
may be, the Performance Security in accordance with this Agreement;
(b) subsequent to the replenishment or furnishing of fresh
Performance Security in accordance with Clause 7.3, the Contractor fails to cure, within a Cure Period of 30 (thirty) days, the Contractor Default for which the whole or part of the Performance Security was appropriated;
(c) the Contractor does not achieve the Project Scheduled Completion
Date, subject to any Time Extension, and continues to be in default for 30 (Thirty) days;
(d) the Contractor abandons or manifests intention to abandon the
Construction or Maintenance of the Project Works without the prior written consent of the Employer;
(e) the Contractor fails to proceed with the Works in accordance with
the provisions of Clause 10.1 or stops Works and/or the Maintenance for 30 (thirty) days without reflecting the same in the current Programme and such stoppage has not been authorized by the Employer’s Engineer;
(f) the Project Completion Date does not occur within the period
specified for the Scheduled Completion Date, or any extension thereof;
(g) failure to complete the Punch List items within the periods
stipulated therefore in Clause 12.2.1;
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(h) the Contractor fails to rectify any Defect, the non-rectification of
which shall have a Material Adverse Effect on the Project, within the time specified in this Agreement or as directed by the Employer’s Engineer;
(i) the Contractor subcontracts the Works or any part thereof in
violation of this Agreement or assigns any part of the Works or the Maintenance without the prior approval of the Employer;
(j) the Contractor creates any Encumbrance in breach of this Agreement;
(k) an execution levied on any of the assets of the Contractor has
caused a Material Adverse Effect ;
(l) the Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is appointed for the Contractor or for the whole or Material part of its assets that has a Material bearing on the Project;
(m) the Contractor has been, or is in the process of being liquidated,
dissolved, wound-up, amalgamated or reconstituted in a manner that would cause, in the reasonable opinion of the Employer, a Material Adverse Effect;
(n) a resolution for winding up of the Contractor is passed, or any
petition for winding up of the Contractor is admitted by a court of competent jurisdiction and a provisional liquidator or receiver is appointed and such order has not been set aside within 90 (ninety) days of the date thereof or the Contractor is ordered to be wound up by court except for the purpose of amalgamation or reconstruction; provided that, as part of such amalgamation or reconstruction, the entire property, assets and undertaking of the Contractor are transferred to the amalgamated or reconstructed entity and that the amalgamated or reconstructed entity has unconditionally assumed the obligations of the Contractor under this Agreement; and provided that:
(i) the amalgamated or reconstructed entity has the capability and
experience necessary for the performance of its obligations under this Agreement; and
(ii) the amalgamated or reconstructed entity has the financial
standing to perform its obligations under this Agreement and has a credit worthiness at least as good as that of the Contractor as at the Appointed Date;
(o) any representation or warranty of the Contractor herein contained
which is, as of the date hereof, found to be Materially false or the Contractor is at any time hereafter found to be in breach thereof;
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(p) the Contractor submits to the Employer any statement, notice or
other document, in written or electronic form, which has a Material effect on the Employer’s rights, obligations or interests and which is false in Material particulars;
(q) the Contractor has failed to fulfill any obligation, for which failure
Termination has been specified in this Agreement; or
(r) the Contractor commits a default in complying with any other provision of this Agreement if such a default causes a Material Adverse Effect on the Project or on the Employer.
23.1.2 Without prejudice to any other rights or remedies which the Employer
may have under this Agreement, upon occurrence of a Contractor Default, the Employer shall be entitled to terminate this Agreement by issuing a Termination Notice to the Contractor; provided that before issuing the Termination Notice, the Employer shall by a notice inform the Contractor of its intention to issue such Termination Notice and grant 15 (fifteen) days to the Contractor to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.
23.1.3 After Termination of this Agreement for Contractor Default, the Employer
may complete the Works and/or arrange for any other entities to do so. The Employer and these entities may then use any Materials, Plant and equipment, Contractor’s documents and other design documents made by or on behalf of the Contractor.
23.2 Termination for Employer Default
23.2.1 In the event that any of the defaults specified below shall have occurred,
and the Employer fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Employer shall be deemed to be in default of this Agreement (the “Employer Default”) unless the default has occurred as a result of any breach of this Agreement by the Contractor or due to Force Majeure. The defaults referred to herein shall include:
(a) the Employer commits a Material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Contractor;
(b) the Employer has failed to make payment of any amount due and
payable to the Contractor within the period specified in this Agreement;
(c) the Employer has failed to provide, within a period of 180 (one
hundred and eighty) days from the Appointed Date, the environmental clearances required for Construction of the Project Works;
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(d) the Employer repudiates this Agreement or otherwise takes any
action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or
(e) the Employer’s Engineer fails to issue the relevant Interim Payment
Certificate within 60 (sixty) days after receiving a statement and supporting documents.
23.2.2 Without prejudice to any other right or remedy which the Contractor may
have under this Agreement, upon occurrence of an Employer Default, the Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Employer; provided that before issuing the Termination Notice, the Contractor shall by a notice inform the Employer of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Employer to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.
23.3 Termination for Employer’s Convenience
Notwithstanding anything stated herein above, the Employer may terminate this Agreement for convenience. The Termination shall take effect 30 (thirty) days from the date of notice hereunder.
23.4 Requirements after Termination
Upon Termination of this Agreement in accordance with the terms of this Article 23, the Contractor shall comply with and conform to the following:
(a) deliver to the Employer all Plant and Materials which shall have
become the property of the Employer under this Article 23;
(b) deliver all relevant records, reports, Intellectual Property and other licenses pertaining to the Works, Maintenance, other design documents and in case of Termination occurring after the Provisional Certificate has been issued, the “as built’ Drawings for the Works;
(c) transfer and/or deliver all Applicable Permits to the extent
permissible under Applicable Laws; and
(d) vacate the Site within 15 (fifteen) days.
23.5 Valuation of Unpaid Works
23.5.1 Within a period of 45 (forty-five) days after Termination under Clause 23.1, 23.2 or 23.3, as the case may be, has taken effect, the Employer’s Engineer shall proceed in accordance with Clause 18.5 to determine as follows the valuation of unpaid Works (the “Valuation of Unpaid Works”):
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(a) value of the completed stage of the Works, less payments already
made;
(b) reasonable value of the partially completed stages of Works as on the date of Termination, only if such Works conform with the Specifications and Standards; and
(c) value of Maintenance, if any, for completed months, less payments
already made,
and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as the case may be, in accordance with the provisions of this Agreement; and (ii) all Taxes due to be deducted at source.
23.5.2 The Valuation of Unpaid Works shall be communicated to the Employer,
with a copy to the Contractor, within a period of 30 (thirty) days from the date of Termination.
23.6 Termination Payment
23.6.1 Upon Termination on account of Contractor’s Default under Clause 23.1,
the Employer shall:
(a) encash and appropriate the Performance Security and Retention Money, or in the event the Contractor has failed to replenish or extend the Performance Security, claim the amount stipulated in Clause 7.1.1, as agreed pre-determined compensation to the Employer for any losses, delays and cost of completing the Works and Maintenance, if any;
(b) encash and appropriate the Bank guarantee, if any, for and in
respect of the outstanding Advance Payment and interest thereon; and
(c) pay to the Contractor, by way of Termination Payment, an amount
equivalent to the Valuation of Unpaid Works after adjusting any other sums payable or recoverable, as the case may be, in accordance with the provisions of this Agreement.
23.6.2 Upon Termination on account of an Employer Default under Clause 23.2 or for Employer’s convenience under Clause 23.3, the Employer shall:
(a) return the Performance Security and Retention Money forthwith; (b) encash and appropriate the Bank guarantee, if any, for and in
respect of the outstanding Advance Payment; and
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(c) pay to the Contractor, by way of Termination Payment, an amount equal to:
(i) Valuation of Unpaid Works; (ii) the reasonable cost, as determined by the Employer’s
Engineer, of the Plant and Materials procured by the Contractor and transferred to the Employer for its use, only if such Plant and Materials are in conformity with the Specifications and Standards;
(iii) the reasonable cost of temporary Works, as determined by
the Employer’s Engineer; and (iv) 10 (ten per cent) of the cost of the Works and Maintenance that
are not commenced or not completed,
and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as the case may be, in accordance with the provisions of this Agreement, and (ii) all Taxes due to be deducted at source.
23.6.3 Termination Payment shall become due and payable to the Contractor within 30 (thirty) days of a demand being made by the Contractor to the Employer with the necessary particulars, and in the event of any delay, the Employer shall pay interest at the Bank Rate plus 2% (two percent), calculated at quarterly rests, on the amount of Termination Payment remaining unpaid; provided that such delay shall not exceed 90 (ninety) days. For the avoidance of doubt, it is expressly agreed that Termination Payment shall constitute full discharge by the Employer of its payment obligations in respect thereof hereunder.
23.6.4 The Contractor expressly agrees that Termination Payment under this Article 23 shall constitute a full and final settlement of all claims of the Contractor on account of Termination of this Agreement and that it shall not have any further right or claim under any law, treaty, convention, contract or otherwise.
23.7 Other Rights and Obligations of the Parties
Upon Termination for any reason whatsoever
(a) property and ownership in all Materials, Plant and Works and the
Project Works shall, as between the Contractor and the Employer, vest in the Employer in whole; provided that the foregoing shall be without prejudice to Clause 23.6
(b) risk of loss or damage to any Materials, Plant or Works and the care and custody thereof shall pass from the Contractor to the Employer; and
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(c) the Employer shall be entitled to restrain the Contractor and any person claiming through or under the Agreement from entering upon the Site or any part of the Project except for taking possession of Materials, stores, implements, Construction plants and equipment of the Contractor, which have not been vested in the Employer in accordance with the provisions of this Agreement.
23.8 Survival of Rights
Notwithstanding anything to the contrary contained in this Agreement any Termination pursuant to the provisions of this Agreement shall be without prejudice to the accrued rights of either Party including its right to claim and recover money damages, insurance proceeds, security deposits, and other rights and remedies, which it may have in law or Agreement. All rights and obligations of either Party under this Agreement, including Termination Payments, shall survive the Termination to the extent such survival is necessary for giving effect to such rights and obligations.
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Part VI
Other Provisions
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ARTICLE 24
24. ASSIGNMENT AND CHARGES
24.1 Restrictions on assignment and charges
This Agreement shall not be assigned by the Contractor to any person, save and except with the prior consent in writing of the Employer, which consent the Employer shall be entitled to decline without assigning any reason.
24.2 Hypothecation of Materials or Plant
The Contractor cannot pledge or hypothecate to its lenders, any Materials or Plant prior to their incorporation in the Works. Further, the Contractor in no case can assign its right to receive payments under this Agreement either absolutely or by way of charge, to any person/institution/company providing financing to the Contractor in connection with the performance of the Contractor’s obligations under this Agreement. All payments shall only be made to the contractor.
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ARTICLE 25
25. LIABILITY AND INDEMNITY
25.1 General Indemnity
The Contractor will indemnify, defend, save and hold harmless the Employer and its officers, servants, agents, Government Instrumentality and Government owned and/or controlled entities/enterprises, (the “Employer Indemnified Persons”) against any and all suits, proceedings, actions, demands and third party claims for any loss, damage, cost and expense of whatever kind and nature, whether arising out of any breach by the Contractor of any of its obligations under this Agreement or from any negligence under the Agreement, including any errors or deficiencies in the design documents, or tort or on any other ground whatsoever, except to the extent that any such suits, proceedings, actions, demands and claims have arisen due to any negligent act or omission, or breach or default of this Agreement on the part of the Employer Indemnified Persons.
25.2 Indemnity by the Contractor
25.2.1 Without limiting the generality of Clause 25.1, the Contractor shall fully
indemnify, hold harmless and defend the Employer and the Employer Indemnified Persons from and against any and all loss and/or damages arising out of or with respect to:
(a) failure of the Contractor to comply with Applicable Laws and
Applicable Permits; (b) payment of Taxes required to be made by the Contractor in
respect of the income or other Taxes of the Sub-contractors, suppliers and representatives; or
(c) non-payment of amounts due as a result of Materials or services
furnished to the Contractor or any of its Sub-contractors which are payable by the Contractor or any of its Sub-contractors.
25.2.2 Without limiting the generality of the provisions of this Article 25, the Contractor shall fully indemnify, hold harmless and defend the Employer Indemnified Persons from and against any and all suits, proceedings, actions, claims, demands, liabilities and damages which the Employer Indemnified Persons may hereafter suffer, or pay by reason of any demands, claims, suits or proceedings arising out of claims of infringement of any domestic or foreign patent rights, copyrights or other Intellectual Propoerty, proprietary or confidentiality rights with respect to any6 Materials, information, design or process used by the Contractor or by the Sub-contractors in performing the Contractor’s obligations or in any way incorporated in or related to the Project. If in any such suit, action, claim or proceedings, a temporary restraint order or preliminary injunction is granted, the Contractor shall make every reasonable effort, by giving a
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satisfactory bond or otherwise, to secure the revocation or Suspension of the injunction or restraint order. If, in any such suit, action, claim or proceedings, the Project Works, or any part thereof or comprised therein, is held to constitute an infringement and its use is permanently enjoined, the Contractor shall promptly make every reasonable effort to secure for the Employer a license, at no cost to the Employer, authorizing continued use of the infringing work. If the Contractor is unable to secure such license within a reasonable time, the Contractor shall, at its own expense, and without impairing the Specifications and Standards, either replace the affected work, or part, or process thereof with non-infringing work or part or process, or modify the same so that it becomes non- infringing.
25.3 Notice and contest of CLAIMS
In the event that either Party receives a claim or demand from a third party in respect of which it is entitled to the benefit of an indemnity under this Article 25 (the “Indemnified Party”) it shall notify the other Party (the “Indemnifying Party”) within 15 (fifteen) days of receipt of the claim or demand and shall not settle or pay the claim without the prior approval of the Indemnifying Party, which approval shall not be unreasonably withheld or delayed. In the event that the Indemnifying Party wishes to contest or Dispute the claim or demand, it may conduct the proceedings in the name of the Indemnified Party, subject to the Indemnified Party being secured against any costs involved, to its reasonable satisfaction.
25.4 Defence of Claims
25.4.1 The Indemnified Party shall have the right, but not the obligation, to
contest, defend and litigate any claim, action, suit or proceeding by any third party alleged or asserted against such Party in respect of, resulting from, related to or arising out of any matter for which it is entitled to be indemnified hereunder, and reasonable costs and expenses thereof shall be indemnified by the Indemnifying Party. If the Indemnifying Party acknowledges in writing its obligation to indemnify the Indemnified Party in respect of loss to the full extent provided by this Article 25, the Indemnifying Party shall be entitled, at its option, to assume and control the defence of such claim, action, suit or proceeding, liabilities, payments and obligations at its expense and through the counsel of its choice; provided it gives prompt notice of its intention to do so to the Indemnified Party and reimburses the Indemnified Party for the reasonable cost and expenses incurred by the Indemnified Party prior to the assumption by the Indemnifying Party of such defence. The Indemnifying Party shall not be entitled to settle or compromise any claim, demand, action, suit or proceeding without the prior written consent of the Indemnified Party, unless the Indemnifying Party provides such security to the Indemnified Party as shall be reasonably required by the Indemnified Party to secure the loss to be indemnified hereunder to the extent so compromised or settled.
25.4.2 If the Indemnifying Party has exercised its rights under Clause 25.3, the Indemnified Party shall not be entitled to settle or compromise any
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claim, action, suit or proceeding without the prior written consent of the Indemnifying Party (which consent shall not be unreasonably withheld or delayed).
25.4.3 If the Indemnifying Party exercises its rights under Clause 25.3, the
Indemnified Party shall nevertheless have the right to employ its own counsel, and such counsel may participate in such action, but the fees and expenses of such counsel shall be at the expense of the Indemnified Party, when and as incurred, unless:
(a) the employment of counsel by such party has been authorized in
writing by the Indemnifying Party; or
(b) the Indemnified Party shall have reasonably concluded that there may be a conflict of interest between the Indemnifying Party and the Indemnified Party in the conduct of the defence of such action; or
(c) the Indemnifying Party shall not, in fact, have employed
independent counsel reasonably satisfactory to the Indemnified Party, to assume the defence of such action and shall have been so notified by the Indemnified Party; or
(d) the Indemnified Party shall have reasonably concluded and specifically notified the Indemnifying Party either: i. that there may be specific defences available to it which
are different from or additional to those available to the Indemnifying Party; or
ii. that such claim, action, suit or proceeding involves or could have a Material adverse effect upon it beyond the scope of this Agreement:
Provided that if Sub-clauses (b), (c) or (d) of this Clause 25.4.3 shall be applicable, the counsel for the Indemnified Party shall have the right to direct the defence of such claim, demand, action, suit or proceeding on behalf of the Indemnified Party, and the reasonable fees and disbursements of such counsel shall constitute legal or other expenses hereunder.
25.5 No Consequential Claims
Notwithstanding anything to the contrary contained in this Article 25, the indemnities herein provided shall not include any claim or recovery in respect of any cost, expense, loss or damage of an indirect, incidental or consequential nature, including loss of profit, except as expressly provided in this Agreement.
25.6 Survival on Termination
The provisions of this Article 25 shall survive Termination.
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ARTICLE 26
26. DISPUTE RESOLUTION
26.1 Dispute Resolution
26.1.1 Any Dispute, difference or controversy of whatever nature howsoever
arising under or out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the “Dispute”) shall, in the first instance, be attempted to be resolved amicably in accordance with the conciliation procedure set forth in Clause 26.2.
26.1.2 The Parties agree to use their best efforts for resolving all Disputes arising
under or in respect of this Agreement promptly, equitably and in good faith, and further agree to provide each other with reasonable access during normal business hours to all non-privileged records, information and data pertaining to any Dispute.
26.2 Conciliation
In the event of any Dispute between the Parties, either Party may call upon the Employer’s Engineer, or such other person as the Parties may mutually agree upon (the “Conciliator”) to mediate and assist the Parties in arriving at an amicable settlement thereof. Failing mediation by the Conciliator or without the intervention of the Conciliator, either Party may require such Dispute to be referred to the Managing Director of the Employer and the Chairman of the Board of Directors of the Contractor for amicable settlement, and upon such reference, the said persons shall meet no later than 7 (seven) business days from the date of reference to discuss and attempt to amicably resolve the Dispute. If such meeting does not take place within the 7 (seven) business day period or the Dispute is not amicably settled within 15 (fifteen) days of the meeting or the Dispute is not resolved as evidenced by the signing of written terms of settlement within 30 (thirty) days of the notice in writing referred to in Clause 26.1.1 or such longer period as may be mutually agreed by the Parties, either Party may refer the Dispute to arbitration in accordance with the provisions of Clause 26.3.
26.3 Arbitration
26.3.1 Any Dispute which is not resolved amicably by conciliation, as provided in
Clause 26.2, shall be finally decided by reference to arbitration by a Board of Arbitrators appointed in accordance with Clause 26.3.2. Such arbitration shall be held in accordance with the Rules of Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi (the “Rules”), or such other rules as may be mutually agreed by the Parties, and shall be subject to the provisions of the Arbitration Act. The venue of such arbitration shall be [Mumbai], and the language of arbitration proceedings shall be English.
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26.3.2 There shall be a Board of three arbitrators, of whom each Party shall select
one, and the third arbitrator shall be appointed by the two arbitrators so selected and in the event of dis Agreement between the two arbitrators, the appointment shall be made in accordance with the Indian Arbitration Rules,1996.
26.3.3 The arbitrators shall make a reasoned award (the “Award”). Any Award
made in any arbitration held pursuant to this Article 26 shall be final and binding on the Parties as from the date it is made, and the Contractor and the Employer agree and undertake to carry out such Award without delay.
26.3.4 The Contractor and the Employer agree that an Award may be enforced
against the Contractor and/or the Employer, as the case may be, and their respective assets wherever situated.
26.3.5 This Agreement and the rights and obligations of the Parties shall remain in
full force and effect, pending the Award in any arbitration proceedings hereunder.
26.3.6 In the event the Party against whom the Award has been granted challenges
the Award for any reason in a court of law, it shall make an interim payment to the other Party for an amount equal to 75% (seventy five per cent) of the Award, pending final settlement of the Dispute. The aforesaid amount shall be paid forthwith upon furnishing an irrevocable Bank Guarantee for a sum equal to 120 % (one hundred and twenty per cent) of the aforesaid amount. Upon final settlement of the Dispute, the aforesaid interim payment shall be adjusted and any balance amount due to be paid or returned, as the case may be, shall be paid or returned with interest calculated at the rate of 10% (ten per cent) per annum from the date of interim payment to the date of final settlement of such balance.
26.4 Adjudication by Regulatory Employer, Tribunal or Commission
In the event of constitution of a statutory regulatory Employer, tribunal or commission, as the case may be, with powers to adjudicate upon Disputes between the Contractor and the Employer, all Disputes arising after such constitution shall, instead of reference to arbitration under Clause 26.3, be adjudicated upon by such regulatory authority, tribunal or commission in accordance with the Applicable Law and all references to Dispute Resolution Procedure shall be construed accordingly. For the avoidance of doubt, the Parties hereto agree that the adjudication hereunder shall not be final and binding until an appeal against such adjudication has been decided by an appellate tribunal or court of competent jurisdiction, as the case may be, or no such appeal has been preferred within the time specified in the Applicable Law.
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ARTICLE 27
27. MISCELLANEOUS
27.1 Governing Law and Jurisdiction
This Agreement shall be construed and interpreted in accordance with and governed by the laws of India, and the courts at [Mumbai] shall have exclusive jurisdiction over matters arising out of or relating to this Agreement.
27.2 Waiver of Immunity
Each Party unconditionally and irrevocably:
a) agrees that the execution, delivery and performance by it of this Agreement constitute commercial acts done and performed for commercial purpose;
b) agrees that, should any proceedings be brought against it or its
assets, property or revenues in any jurisdiction in relation to this Agreement or any transaction contemplated by this Agreement, no immunity (whether by reason of sovereignty or otherwise) from such proceedings shall be claimed by or on behalf of the Party with respect to its assets;
c) waives any right of immunity which it or its assets, property or
revenues now has, may acquire in the future or which may be attributed to it in any jurisdiction; and
d) consents generally in respect of the enforcement of any judgement
or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including the making, enforcement or execution against it or in respect of any assets, property or revenues whatsoever irrespective of their use or intended use of any order or judgement that may be made or given in connection therewith).
27.3 Delayed Payments- deleted
27.4 Waiver
27.4.1 Waiver, including partial or conditional waiver, by either Party of any
default by the other Party in the observance and performance of any provision of or obligations under this Agreement:-
(a) shall not operate or be construed as a waiver of any other or
subsequent default hereof or of other provisions of or obligations under this Agreement;
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(b) shall not be effective unless it is in writing and executed by a duly authorized representative of the Party; and
(c) shall not affect the validity or enforceability of this Agreement in
any manner.
27.4.2 Neither the failure by either Party to insist on any occasion upon the performance of the terms, conditions and provisions of this Agreement or any obligation thereunder nor time or other indulgence granted by a Party to the other Party shall be treated or deemed as waiver of such breach or acceptance of any variation or the relinquishment of any such right hereunder.
27.5 Liability for Review of Documents and Drawings
Except to the extent expressly provided in this Agreement:
(a) no review, comment or approval by the Employer or the Employer’s Engineer of any Document or Drawing submitted by the Contractor nor any observation or inspection of the Construction, or Maintenance of the Project Works nor the failure to review, approve, comment, observe or inspect hereunder shall relieve or absolve the Contractor from its obligations, duties and liabilities under this Agreement, the Applicable Laws and Applicable Permits; and
(b) the Employer shall not be liable to the Contractor by reason of any review, comment, approval, observation or inspection referred to in Sub-clause (a) above.
27.6 Exclusion of Implied Warranties etc.
This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other Agreement between the Parties or any representation by either Party not contained in a binding legal Agreement executed by both Parties.
27.7 Survival
27.7.1 Termination shall:
(a) not relieve the Contractor or the Employer, as the case may be, of any obligations hereunder which expressly or by implication survive Termination hereof; and
(b) except as otherwise provided in any provision of this Agreement
expressly limiting the liability of either Party, not relieve either Party of any obligations or liabilities for loss or damage to the other Party arising out of, or caused by, acts or omissions of such Party prior to the effectiveness of such Termination or arising out of such Termination.
27.7.2 All obligations surviving Termination shall only survive for a period of 3 (three) years following the date of such Termination.
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27.8 Entire Agreement
This Agreement and the Schedules, corrigendum or any addendum to the bid issued by the Employer together constitute a complete and exclusive statement of the terms of the Agreement between the Parties on the subject hereof, and no amendment or modification hereto shall be valid and effective unless such modification or amendment is agreed to in writing by the Parties and duly executed by persons especially empowered in this behalf by the respective Parties. All prior written or oral understandings, offers or other communications of every kind pertaining to this Agreement are abrogated and withdrawn. For the avoidance of doubt, the Parties hereto agree that any obligations of the Contractor arising from the Request for Qualification or Request for Proposals, as the case may be, shall be deemed to form part of this Agreement and treated as such.
27.9 Severability
If for any reason whatever, any provision of this Agreement is or becomes invalid, illegal or unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in any manner, and the Parties will negotiate in good faith with a view to agreeing to one or more provisions which may be substituted for such invalid, unenforceable or illegal provisions, as nearly as is practicable to such invalid, illegal or unenforceable provision. Failure to agree upon any such provisions shall not be subject to the Dispute Resolution Procedure set forth under this Agreement or otherwise.
27.10 No Partnership
This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties, or to impose any partnership obligation or liability upon either Party, and neither Party shall have any right, power or Employer to enter into any Agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.
27.11 Third Parties
This Agreement is intended solely for the benefit of the Parties, and their respective successors and permitted assigns, and nothing in this Agreement shall be construed to create any duty to, standard of care with reference to, or any liability to, any person not a Party to this Agreement.
27.12 Successors and Assigns
This Agreement shall be binding upon, and inure to the benefit of the Parties and their respective successors and permitted assigns.
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Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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27.13 Notices
Any notice or other communication to be given by any Party to the other Party under or in connection with the matters contemplated by this Agreement shall be in writing and shall:
(a) in the case of the Contractor, be given by facsimile or e-mail and by
letter delivered by hand to the address given and marked for attention of the person set out below or to such other person as the Contractor may from time to time designate by notice to the Employer; provided that notices or other communications to be given to an address outside [Aurangabad] may, if they are subsequently confirmed by sending a copy thereof by registered acknowledgement due, air mail or by courier, be sent by facsimile or e-mail to the person as the Contractor may from time to time designate by notice to the Employer; [***]
(b) in the case of the Employer, be given by facsimile or e-mail and by letter
delivered by hand and be addressed to the [Managing Director] of the Employer with a copy delivered to the Employer Representative or such other person as the Employer may from time to time designate by notice to the Contractor; provided that if the Contractor does not have an office in [Aurangabad] it may send such notice by facsimile or email and by registered acknowledgement due, air mail or by courier; and
(c) any notice or communication by a Party to the other Party, given in
accordance herewith, shall be deemed to have been delivered when in the normal course of post it ought to have been delivered and in all other cases, it shall be deemed to have been delivered on the actual date and time of delivery; provided that in the case of facsimile or email, it shall be deemed to have been delivered on the working day following the date of its delivery.
27.14 Language
All notices required to be given by one Party to the other Party and all other communications, Documentation and proceedings which are in any way relevant to this Agreement shall be in writing and in English language.
27.15 Counterparts
This Agreement may be executed in two counterparts, each of which, when executed and delivered, shall constitute an original of this Agreement.
27.16 Confidentiality
The Parties shall treat the details of this Agreement as private and confidential, except to the extent necessary to carry out obligations under it or to comply with Applicable Laws. The Contractor shall not publish,
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permit to be published, or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous Agreement of the Employer.
27.17 Copyright and Intellectual Property Rights
27.17.1 As between the Parties, the Contractor shall retain the copyright and other
Intellectual Propoerty rights in the Contractor's Documents and other design documents made by (or on behalf of) the Contractor. The Contractor shall be deemed (by signing this Agreement) to give to the Employer a nonterminal transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor's Documents, including making and using modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is
longer) of the relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor's Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and
(c) in the case of Contractor's Documents which are in the form of
computer programs and other software, permit their use on any computer on the Site and other places as envisaged by this Agreement, including replacements of any computers supplied by the Contractor:
27.17.2 The Contractor's Documents and other design documents made by (or on behalf of) the Contractor shall not, without the Contractor's consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this Clause 27.17
27.17.3 As between the Parties, the Employer shall retain the copyright and other
Intellectual Propoerty rights in this Agreement and other documents made by (or on behalf of) the Employer. The Contractor may, at its cost, copy, use, and obtain communication of these documents for the purposes of this Agreement. They shall not, without the Employer's consent, be copied, used or communicated to a third party by the Contractor, except as necessary for the purposes of the contract.
27.18 Limitation of Liability
27.18.1 Neither Party shall be liable to the other Party for loss of use of any Works,
loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with this Agreement, save and except as provided under Articles 23 and 25.
Contract Agreement
Design, Construction, Testing, Commissioning and O p e r a t i o n a n d M a i n t e n a n c e of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis,
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27.18.2 The total liability of one Party to the other Party under and in accordance with the provisions of this Agreement, save and except as provided in Articles 23 and 25, shall not exceed the Contract Price. For the avoidance of doubt, this Clause shall not limit the liability in any case of fraud, deliberate default or reckless misconduct by the defaulting Party.
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ARTICLE 28
28. DEFINITIONS
28.1 Definitions
In this Agreement, the following words and expressions shall, unless repugnant to the context or meaning thereof, have the meaning hereinafter respectively assigned to them:
“Accounting Year” means the financial year commencing from the first day of April of any calendar year and ending on the thirty-first day of March of the next calendar year;
“Advance Payment” shall have the meaning set forth in Clause 19.2; “Affected Party”
shall have the meaning set forth in Clause 21.1;
“Affiliate” means, in relation to either Party {and/or Members}, a person who controls, is controlled by, or is under the common control with such Party {or Member} (as used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person, whether by operation of law or by contract or otherwise);
“Agreement” means this Agreement, its Recitals, the Schedules hereto and any amendments thereto made in accordance with the provisions contained in this Agreement;
“Applicable Laws” means all laws, brought into force and effect by GOI or the State Government including rules, regulations and notifications made there under, and judgments, decrees, injunctions, writs and orders of any court of record, applicable to this Agreement and the exercise, performance and discharge of the respective rights and obligations of the Parties hereunder, as may be in force and effect during the subsistence of this Agreement;
“Applicable Permits” means all clearances, licenses, permits, authorizations, no objection certificates, consents, approvals and exemptions required to be obtained or maintained under Applicable Laws in connection with the Construction, operation and Maintenance of the Project Works during the subsistence of this Agreement;
“Appointed Date” means that date of issue of Letter of Award (LOA), and wherever appointment date is mentioned in the contract shall have the same meaning.
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“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall include modifications to or any re-enactment thereof, as in force from time to time.
“Bank” means a Bank incorporated in India and having a minimum net worth o f Rs. 1,000 crore (Rupees one thousand crore) or any other Bank acceptable to the Employer;
“Bank Rate” means the Repo rate of interest announced by the Reserve Bank of India for all its lending operations on the Base Date;
“Base Date” means the last date of that calendar month, which date precedes the Bid Due Date by at least 28 (twenty eight) days;
“Bid” means the documents in their entirety comprised in the Bid submitted by the [selected bidder/Consortium] in response to the Request for Proposals in accordance with the provisions thereof;
“Bid Security” means the Bid security provided by the Contractor to the Employer in accordance with the Request for Proposal, and which is to remain in force until substituted by the Performance Security;
“Change in Law” means the occurrence of any of the following after the Base Date:
(a) the enactment of any new Indian law;
(b) the repeal, modification or re-enactment of any existing Indian law;
(c) the commencement of any Indian law which has not entered into effect until the Base Date;
(d) a change in the interpretation or application of any Indian law by a judgement of a court of record which has become final, conclusive and binding, as compared to such interpretation or application by a court of record prior to the Base Date; or
(e) any change in the rates of any of the Taxes or royalties that have a direct effect on the Project;
“Change of Scope” shall have the meaning set forth in Article 13; “Change of Scope Notice” shall have the meaning set forth in Clause 13.2.1; “Change of Scope Order” shall have the meaning set forth in Clause 13.2.4; “Completion Certificate” shall have the meaning set forth in Clause 12.4; {“Consortium” means the consortium of entities which have formed a joint venture for implementation of this Project ;}$
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“Construction” shall have the meaning set forth in Clause 1.2.1 (f); “Construction Period” means the period commencing from the Appointed Date and ending on the date of the Completion Certificate; “Contract Price” means the amount specified in Clause 19.1.1; “Contractor” shall have the meaning attributed thereto in the array of Parties herein above as set forth in the Recitals;
“Contractor Default” shall have the meaning set forth in Clause 23.1; “Cure Period” means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall: (a) commence from the date on which a notice is delivered by one Party to the other
Party asking the latter to cure the breach or default specified in such notice; (b) not relieve any Party from liability to pay Damages or compensation under the
provisions of this Agreement; and (c) not in any way be extended by any period of Suspension under this Agreement;
provided that if the cure of any breach by the Contractor requires any reasonable action by the Contractor that must be approved by the Employer or the Employer’s Engineer hereunder, the applicable Cure Period shall be extended by the period taken by the Employer or the Employer’s Engineer to accord their approval;
“Damages” shall have the meaning set forth in paragraph (w) of Clause1.2.1; “Defect” means any Defect or deficiency in Construction of the Works or any part thereof, which does not conform with the Specifications and Standards, and in the case of Maintenance, means any Defect or deficiency which is specified in Schedule E; “Defects Liability Period” shall have the meaning set forth in Clause17.1; “Dispute” shall have the meaning set forth in Clause 26.1.1; “Dispute Resolution Procedure” means the procedure for resolution of Disputes set forth in Article 26; “Drawings” means all of the Drawings, calculations and documents pertaining to the Project Works as set forth in Schedule-I, and shall include ‘as built’ Drawings of the Project Works;
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“Document” or “Documentation” means Documentation in printed or written form, or in tapes, discs, Drawings, computer programmes, writings, reports, photographs, films, cassettes, or expressed in any other written, electronic, audio or visual form; “Emergency” means a condition or situation that is likely to endanger the safety or security of the individuals on or about the Project Works, including Users thereof, or which poses an immediate threat of Material damage to any of the Project Assets; “Employer” shall have the meaning attributed thereto in the array of Parties herein above as set forth in the Recitals; “Employer Default” shall have the meaning set forth in Clause 23.2; “Employer’s Engineer” shall have the meaning set forth in Clause 18.1; Engineer wherever mentioned has same meaning as Employers Engineer. “Employer Representative” means such person or persons as may be authorized in writing by the Employer to act on its behalf under this Agreement and shall include any person or persons having Employer to exercise any rights or perform and fulfil any obligations of the Employer under this Agreement; “Encumbrances” means, in relation to the Project Works, any encumbrances such as mortgage, charge, pledge, lien, hypothecation, security interest, assignment, privilege or priority of any kind having the effect of security or other such obligations, and shall include any designation of loss payees or beneficiaries or any similar arrangement under any insurance policy pertaining to the Project Works, where applicable herein but excluding utilities referred to in Clause 9.1; “EPC” means Engineering, Procurement and Construction; “Final Payment Certificate” shall have the meaning set forth in Clause 19.15.1; “Final Payment Statement” shall have the meaning set forth in Clause 19.13.1; “Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it in Clause 21.1; “GAD” or “General Arrangement Drawings” shall have the meaning set forth in Clause 4.1.3 (b); “GOI” or “Government” means the Government of India; “Good Industry Practice” means the practices, methods, techniques, designs, standards, skills, diligence, efficiency, reliability and prudence which is generally and reasonably expected from a reasonably skilled and experienced contractor engaged in the same type of undertaking as envisaged under this Agreement
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“Government Instrumentality” means any department, division or subdivision of the Government or the State Government and includes any commission, board, Employer, agency or municipal and other local Employer or statutory body including panchayat under the control of the Government or the State Government, as the case may be, and having jurisdiction over all or any part of the Project Works or the performance of all or any of the services or obligations of the Contractor under or pursuant to this Agreement; “IRC” means the Indian Roads Congress; “Indemnified Party” means the Party entitled to the benefit of an indemnity pursuant to Article 25; “Indemnifying Party” means the Party obligated to indemnify the other Party pursuant to Article 25; “Indirect Political Event” shall have the meaning set forth in Clause 21.3; “Insurance Cover” means the aggregate of the maximum sums insured under the insurances taken out by the Contractor pursuant to Article 20, and includes all insurances required to be taken out by the Contractor under Clauses 20.1 and 20.9 but not actually taken, and when used in the context of any act or event, it shall mean the aggregate of the maximum sums insured and payable or deemed to be insured and payable in relation to such act or event; “Intellectual Property” means all patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, blue prints, programmes and manuals, Drawings, copyright (including rights in computer software), database rights, semi-conductor, topography rights, utility models, rights in know-how and other Intellectual Propoerty rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world; “Interim Payment Certificate” or “IPC” means the interim payment certificate issued by the Employer’s Engineer for payment to the Contractor in respect of Contractor’s claims for payment raised in accordance with the provisions of this Agreement; “Lead Member” shall, in the case of a consortium, mean the member of such consortium who shall have the Employer to bind the contractor and each member of the Consortium; and shall be deemed to be the Contractor for the purposes of this Agreement;
“LOA” or “Letter of Award” means the letter of award referred to in Recital (E);
“Maintenance” means the Maintenance of the Project Works as set forth in Article 14 for the period specified therein;
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“Maintenance Inspection Report” shall have the meaning set forth in Clause 15.2.1; “Maintenance Manual” shall have the meaning ascribed to it in Clause 10.7; “Maintenance Programme” shall have the meaning set forth in Clause 14.3; “Maintenance Period” shall have the meaning set forth in Clause 14.1.1; “Maintenance Requirements” shall have the meaning set forth in Clause 14.2; “Major Bridge” means a bridge having a total length of more than 60 (sixty) meters between the inner faces of the dirt walls as specified in IRC:5-1998; “Material Adverse Effect” means a Material adverse effect of any act or event on the ability of either Party to perform any of its obligations under and in accordance with the provisions of this Agreement and which act or event causes a Material financial burden or loss to either Party; “Materials” are all the supplies used by the Contractor for incorporation in the Works or for the Maintenance of the Project Works; “MORTH” means the Ministry of Road Transport and Highways or any substitute thereof dealing with Highways; “Non-Political Event” shall have the meaning set forth in Clause 21.2; “Parties” means the parties to this Agreement collectively and “Party” shall mean any of the parties to this Agreement individually; “Performance Security” shall have the meaning set forth in Clause 7.1; “Plant” means the apparatus and machinery intended to form or forming part of the Works; “PMNC” shall have the meaning set forth in Clause 4.1.1:
“Political Event” shall have the meaning set forth in Clause 21.4; “Programme” shall have the meaning set forth in Clause 10.1.3; “Project” means the Construction and Maintenance of the Project Works in accordance with the provisions of this Agreement, and includes all Works, services and equipment relating to or in respect of the Scope of the Project; “Project Assets” means all physical and other assets relating to
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(a) tangible assets such as civil Works and equipment including foundations, embankments, pavements, road surface, interchanges, bridges, culverts, road over-bridges, drainage Works, traffic signals, sign boards, kilometer-stones, [toll plaza(s)], electrical systems, communication systems, rest areas, relief centers, Maintenance depots and administrative offices; and (b) Project Facilities situated on the Site;
“Project Completion Date” means the date on which the Provisional Certificate is issued and in the event no Provisional Certificate is issued, the date on which the Completion Certificate is issued;
“Project Facilities” means all the amenities and facilities situated on the Site, as described in Schedule-C;
“Project Works” means the Site comprising the existing road forming part of Design and Build the Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra, on EPC contract Basis Project and all Project Assets, and its subsequent development and augmentation in accordance with this Agreement;
“Proof Consultant” shall have the meaning set forth in Clause 10.2.2;
“Provisional Certificate” shall have the meaning set forth in Clause 12.2;
“Punch List” shall have the meaning set forth in Clause 12.2.1; “Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause 11.2; “Quarterly Maintenance Statement” shall have the meaning set forth in Clause 19.6.1;
“Re.”, “Rs.” or “Rupees” or “Indian Rupees” means the lawful currency of the Republic of India;
“Request for Proposals” or “RFP” shall have the meaning set forth in Recital ‘D’;
“Request for Qualification” or “RFQ” shall have the meaning set forth in Recital ‘C’;
“Retention Money” shall have the meaning set forth in Clause 7.5.1;
“Safety Consultant” shall have the meaning set forth in Clause 10.1.5; “Scheduled Completion Date” shall be the date set forth in Clause 0.3.1; “Scope of the Project” shall have the meaning set forth in Clause 2.1; “Section” means
a part of the Project Works;
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“Site” shall have the meaning set forth in Clause 8.1; “Specifications and Standards” means the specifications and standards relating to the quality, quantity, capacity and other requirements for the Project Works, as set forth in Schedule-D, and any modifications thereof, or additions thereto, as included in the design and engineering for the Project Works submitted by the Contractor to, and expressly approved by, the Employer; "Stage Payment Statement" shall have the meaning set forth in Clause 19.4; “Structures” means an elevated road or a flyover, as the case may be; “Sub-contractor” means any person or persons to whom a part of the Works or the Maintenance has been subcontracted by the Contractor and the permitted legal successors in title to such person, but not an assignee to such person; “Suspension” shall have the meaning set forth in Article 22; “Taxes” means any Indian Taxes including excise duties, customs duties, value added tax, sales tax, GST, local Taxes, cess and any impost or surcharge of like nature (whether Central, State or local) on the goods, Materials, equipment and services incorporated in and forming part of the Project Works charged, levied or imposed by any Government Instrumentality, but excluding any interest, penalties and other sums in relation thereto imposed on any account whatsoever. For the avoidance of doubt, Taxes shall not include Taxes on corporate income; “Termination” means the expiry or termination of this Agreement; “Termination Notice” means the communication issued in accordance with this Agreement by one Party to the other Party terminating this Agreement;
“Termination Payment” means the amount payable by either Party to the other upon Termination in accordance with Article 23; “Terms of Reference” or “TOR” shall have the meaning set forth in Clause 18.2.1;
“Tests” means the Tests set forth in Schedule-K to determine the completion of Works in accordance with the provisions of this Agreement;
“Time Extension” shall have the meaning set forth in Clause 10.5.1; “User” means a person who uses or intends to use on the Project Works or any part thereof;
“Valuation of Unpaid Works” shall have the meaning set forth in Clause 23.5.1;
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“Works” means all Works including survey and investigation, design, engineering, procurement, Construction, Plant, Materials, Maintenance, temporary Works and other things necessary to complete the Project Works in accordance with this Agreement; and
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IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED AND SIGNED, SEALED AND DELIVERED
DELIVERED
For and on behalf of For and on behalf of
THE EMPLOYER by:
(Signature) (Signature) (Name)
(Name)
(Designation) (Designation) In the presence of:
1.
2.
{COUNTERSIGNED and accepted by: Name and particulars of other members of the Consortium}
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SCHEDULES
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Schedule A - Site of the Project
(See Clause 2.1 and 8.1)
Contents
Site of the Project
Annexure I - Site
Annexure II – Land Details
Annexure III - Development Plan
Annexure IV – Environment Clearance
Appendix A-I - Index Maps and Location Maps
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1.0 The Site of the Project
1.1 Site of the Roads and other Utilities/Services of AURIC- Shendra Industrial Area, is as described in Annexure-I of this Schedule-A.
1.2 An inventory of the Site including trees and any other immovable properor attached to, the Site shall be prepared jointly by the Employer’s Representative and the Contractor, and such inventory shall form part of the Agreement.
1.3 The plan of Draft Development Planning Scheme superimposed over sanctioned
Development Plan (land use plan) is specified in Annexure-II. 1.4 The status of the Environment clearances is given in Annexure-III.
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(Schedule-A) Annexure - I
1.0 Site
The Phase-I Area lies within the Shendra Industrial Area (SBIA), spread across an area of 8.45 sq.km. The area has an optimum mix of land use, with major share as industrial.
The area has existing connectivity of Jalna-Aurangabad Railway line and MSH 6 on south side and existing Shendra-Bidkin Industrial Development area on west side of the site. It has an optimum mix of land use comprising of industrial, residential mixed use and recreation.
Topographically, proposed Shendra-Bidkin Development area occupies 628.900m contour on the north side boundary to the 565.600 in the south-side boundary.
The area is defined in drawings in annexure III.
1.1 Seismicity
AURIC Shendra Industrial Area (SBIA) Region falls under the Zone-III of the Seismic zoning map of India – IS: 1893-2002. However all structures need to be designed as per Seismic IV.
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Annexure – II (Schedule-A)
Development Plan
1.0 Development Plan (land use plan) is shown below but actual land use shall be as per drawings as per Vol III
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Annexure – III (Schedule-A)
Environment Clearances
1.0 As per MOM-147 with Expert Appraisal Committee (EAC) held on 23-24 April 2015, the overall Environment clearance for Shendra-Bidkin Industrial Area in Phase-I has been granted by MOEF. Their have been amendments to the EC clearance which is available with the employer.
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Schedule B
Development of the Project Roads and Utilities/Services
(See Clause 2.1)
Contents
Development of the Project Roads and Utilities/Services.
Appendix B I – Deleted Appendix B II – Deleted
Appendix B III – Design and Construction of Roads
Appendix B III (a) – Typical Cross Sections Appendix B III (b) – Geometric Design and Other Features
Appendix B III (c) – Junctions (At Grade)
Appendix B III (d) – Embankment and Pavement Design
Appendix B IV – Typical Cross Section Drawings
Appendix B V – Potable Water Supply Network
Appendix B VI – Recycled Water Supply Network
Appendix B VII – Domestic Sewage Collection Network Appendix B VIII – Industrial Effluent Sewage Collection Network
Appendix B IX – Storm Water Drainage Network
Appendix B X – Power Supply Network
Appendix B XI – Structures: Culverts, Bridges and Outfalls Structures for Storm Water Drainage
Appendix B XII – Drawings (Refer Drawings)
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Development of the Project Roads and Utilities/Services
Development of the Project Roads and Utilities/Services shall include detailed design and construction of the following as described in this Schedule-B and in Schedule-C.
1.0 Project Roads and Utilities / Services
i) Details of Population - deleted
ii) Details of Built-up area – As per drawings in Annexure III
iii) Road network (Right of Way widths varying from 15 m to 60m and additional
service roads) details- 7 KM length as per Typical Cross Sections (TCS) are given in Appendix B III (a)
iv) Geometric design and other features are given in Appendix B III (b)
v) Junction details are given in Appendix B III (c).
vi) Embankment & Pavement design details are given in Appendix B III (d).
vii) Typical Cross Sections (TCS) drawings are given in Appendix B IV.
viii) Potable Water Supply network for corrosponding road ength details are given in Appendix B V.
ix) Recycled Water Supply network for corresponding road length details are given in
Appendix B VI.
x) Domestic Sewage Collection network for corresponding road length details are given
in Appendix B VII.
xi) Industrial Effluent Collection network for corresponding road length details are given
in Appendix B VIII.
xii) Storm Water Drainage network for corresponding road length details are given in
Appendix B IX.
xiii) Details of Power supply network for corresponding road length and as required are given in Appendix B X.
xiv) Details of Culverts, Bridges and Outfall structures for storm water drainage are given
in Appendix B XI.
xv) Network plans & Drawings are given in Appendix B XII.
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2.0 Standards and Specifications
The Project Roads and Utilities/Services shall be designed and constructed in conformity with the Standards and Specifications given in Schedule-D.
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Appendix B I
1.0 Forecasted Population details- Deleted
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1.2 Appendix B II: Pl refer the drawings annexed at Vol III
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Appendix B III
1.0 Design and Construction of Roads
1.1 The Design and Construction of Roads in Phase-I Area as specified in Appendix B III (a) to Appendix B III (d) of Schedule-B. Notwithstanding anything to the contrary contained in the Schedules, the Finished Road Level (FRL) shall be designed based on area drainage requirement.
1.2 The road length shall be 7 KM and any extension of existing road shall match the existing the road levels and the design.
1.2 Width of Carriageway
Width of carriageway is as given in typical cross sections drawings in Appendix B IV.
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Appendix B III (a)
1.0 Typical Cross Sections
The length of roads shall be 7 KM and the necessary type sections shall be used per the detailed design to suit the site conditions.
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Appendix B III (b)
1.0 Geometric design and other features
1.1 General
Geometric design and other features of the Project Roads shall be in accordance with the Standards and Specifications as per Schedule D.
1.2 Design speed
The maximum design speed shall be 80 KM/Hr and the design speed for service road shall be 40 KM / hr.
1.3 Coordination on Geometric Design
The concessionaire of this package, while carrying out detailed design of the Roads and associated facilities
especially geometric design of neighboring roads and proposed ROB approaches (Package‐II) has to be
obtained and considered. The design details related to the package‐II shall be obtained from the employer for
integration of the geometric design features and other services of the project. The approval of the employer
for the design integration has to be obtained.
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Appendix B III (c)
1.0 Junctions (At grade) The bidder should carryout site visit and design the junctions( at grade) as per site requirement.
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Appendix B III (d)
1.0 Embankment & Pavement Design
Construction of embankment and pavement shall conform to the Standards and Specifications as per Schedule D.
2.0 Pavement Design Criteria
Pavement design shall conform to the Standards and Specifications as per Schedule D.
2.1 Type of pavement
The pavement types for different road and cross sections shall be as given below in Table: 6
Table: 6
Main Carriageway Service Roads Cycle Track
Flexible
Flexible Flexible
2.2 Design requirements
2.2.1 Design Period
Flexible pavement shall be designed for a minimum period of 20 years.
2.2.2 Design Traffic
Notwithstanding anything to the contrary contained in the Schedules, the Contractor shall design the pavement for minimum MSA as given below in Table: 7.
Table: 7
Road ROW
60m
45m 30 m
Service Road Cycle Track
Traffic (MSA)
25
10 10
5 2
Note: Granular layers shall be designed for minimum10MSA traffic for Cycle track & service roads.
2.3 Granular Sub-base layer
Minimum thickness of Granular Sub-base layer shall be 150 mm in median, cycle track and multi-purpose corridor area.
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2.4 Footpath
Paver blocks are to be used for footpath/walkway and shall be in confirmation with the
technical specifications in Schedule-D.
Pattern/style/colour of paver block shall be got approved from the employer or employer
representative.
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Appendix B IV
1.0 Typical cross section Drawings
Typical cross section drawings are given in Appendix B XII.
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Appendix B V 1.0 Potable Water Supply
1.1 Deleted 1.3 Potable Water UGSR- Deleted
1.4 Potable Water Rising Main from UGSR to OHSR- Deleted
1.4 Over Head Service Reservoir for Potable Water-
The Over head Service Reservoir and UGSR are built under the Package 1 contract already awarded o SPCPL. In the current tender the EPC contractor needs to design and build the Guard Room (Including connecting to all utilities)
1.5 Potable Water Distribution System The potable water from the outlet of the UGSR and the OHSR as mentioned above will flow by gravity up to the plot boundaries. Contractor has to design the complete potable water distribution system for the complete 7 KM of road length in project area. The implementation limit for this distribution system will be from the outlet of the Underground/Overhead/Elevated service reservoir to the service connection points outside the plots in the project area. The Layout drawing for Potable water distribution system is given in Appendix BXII. The scope for this item includes Designing, providing , supplying , lowering, laying and jointing of pipes & Valves to be provided at appropriate spacing as per CPHEEO guidelines for easy operation and maintenance of distribution network, 100 ( one hundred)Numbers of Water meters including all specials, excavation, backfilling, bedding, construction of valve and water meter chambers of appropriate sizes as per CPWD specification, and other accessory structures and fixtures, actuator for valves with provision for SCADA integration. Under the current EPC contract the contractor has installed actuated sluice valves (208 number) which need to be integrated under the current scope. This includes providing the power cable and control for the valves. The SCADA software for water line is part of this contract. The minimum number of water meters to be provided as per relevant standards as per project requirement is 100 Nos ( one hundred only) and if any extra number of water meters are to be installed as per Employer’s / Project requirement the same shall be paid as per the installation rate to the contractor. All the electro-mechanical installations and physical infrastructure of the distribution network shall be PLC/SCADA compatible. The scope of services includes supply of water for hydraulic testing and carrying out hydraulic test for distribution system. The tentative details of Potable water distribution system are as defined below;
Table 6 – Tentative Details of Potable Water Distribution Network
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S. No. Description Value
1 Pipe Diameter 110 mm- 600 mm 2 Pipe Material above 250mm Dia DI K-7 3 Pipe Material below 250mm Dia HDPE 4 Total Length of Distribution network Refer the Drawings
1.6 Pumping Stations and Pumps- Deleted 1.7 Property Connections
Service pipes should be laid up to plot boundaries in the project area. The contractor to provide and install 100 numbers of water meters. Any additional water meters need will be paid extra during the maintenance period. The service pipe details are as defined below:
Table 7 - Tentative Details of Property Connections
S. No. Description Value
1 Details of MDPE pipe house service connection
As per the drawings
2 Pipe Material MDPE
3 Number of connections
1000 Numbers as per employers requirement and site conditions with minimum 1 (one) per plot
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Appendix B VI 1.0 Recycled Water Network 1.1 Deleted
.
1.2 Recycled Water UGSR- The UGSR is been built under the Package 1 contract currently under progress. In the current tender the EPC contractor to design and build guard house for both locations (Recycled Water UGSR and Over Head Service Reserviou for Recycled Water) with all utility connections
1.3 Recycled Water Rising Main from UGSR to OHSR- Deleted 1.4 Over Head Service Reservoir for Recycled Water Supply- Deleted
1.5 Recycled Water Distribution System The recycled water from the outlet of the OHSR as mentioned above will flow by gravity up to the plot boundaries. Contractor has to design the complete recycled water distribution system for the complete project area. The implementation limit for this distribution system will be from the outlet of the Overhead/Elevated service reservoir to the service connection points outside the plots in the project area. The scope for this item includes Designing, providing, supplying, lowering, laying and jointing of pipes & Valves to be provided at appropriate spacing as per CPHEEO guidelines for easy operation and maintenance of distribution network, 100 ( one hundred only) of Bulk flow Water meters including all specials, excavation, backfilling, bedding, , construction of valve and water meter chambers of appropriate sizes as per CPWD specification installation of valve, actuators for valves withCADA integration (Providing power, and control cable for 96 numbers of sluice valves) and SCADA software is part of the scope of the contractor) , and other accessory structures and fixtures. The minimum number of water meters to be provided as per relevant standards as per project requirement is 100 Nos ( one hundred only) and if any extra number of water meters are to be installed as per Employer’s / Project requirement the same shall be paid as per the installation rate to the contractor. All the electro-mechanical installations and physical infrastructure of the distribution network shall be PLC/SCADA compatible. The scope of services includes supply of water for hydraulic testing and carrying out hydraulic test for distribution system. The tentative details of recycled water distribution system are as defined below.
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Table 2 – Tentative Details of Recycled Water Distribution Network
S. No. Description Value
1 Pipe Diameter 110 mm -600 mm
2 Pipe Material above 250mm Dia DI K-7
3 Pipe Material below 250mm Dia HDPE
3 Total Length of Distribution network Refer the Drawings
1.6 Pumping Stations and Pumps- deleted 1.7 Property Connections
Service pipes should be laid up to plot boundaries in the project area. The service pipe details are as defined below:
Table 3 – Tentative Details of Property Connections
S. No. Description Value 1 Pipe Diameter 40 mm 2 Pipe Material MDPE
3 Number of property connections
191 No.
4 Number of connections for Horticulture
500 connections. As per site requirement and design requirement.
Typical arrangement drawing is given in Appendix B XII.
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Appendix B VII
1.0 Residential/Domestic Sewerage System
1.1 Background
The Sewerage network system is planned for the domestic sewage from residential as well as commercial & institutional areas. The STP is planned to be developed in modular basis and will be built under separate package.
1.1.1 Sewage Generation The residential sewerage system is estimated considering a return factor of 80%, i.e., 80% of the total water supplied coming out as wastewater (excluding provision for fire-fighting and other utilities such as horticulture, etc.). The tentative sewage generation in residential/domestic sewerage system derived from net potable water requirement for projected population is provided in the table below.
Table 1 – Tentative Residential Sewage Generation
S. No. Description Residential Sewage Generation (MLD)
1 Commercial 0.89
2 CBD/ City Center 1.74
3 Other Uses 0.17
4 Residential 7.31
TOTAL 10.11
Rate of Infiltration Infiltration into the sewerage system occurs through defective sewers, manholes, etc. The rate of infiltration into sewers also depends upon the ground water table and permeability of the surrounding soil. Though strict quality control and good workmanship would ensure minimum infiltration, however as the system condition deteriorates with age, the possibility of infiltration increases. Manual on Sewerage and Sewage Treatment, by CPHEEO, 2013 recommends the norms for adopting ground water infiltration into sewers which shall be suitably adopted.
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Peak Factor The peak factor with respect to contributing population for sewage generation shall be adopted as per CPHEEO Manual, 2013. For arriving at optimized sewer sizes while designing, conduit wise progressively decreasing peak factor is to be applied based on the contributory population on the individual conduit.
1.2 Sewerage Network and Manholes The sewerage network will collect the sewage from plots and convey it to the Sewage Treatment Plant (STP) located within the project area. The sewer network shall be designed in such a fashion so as to avoid any pumping requirement but in unavoidable circumstances Intermediate sewage pumping stations may be provided at places. Contractor has to design the complete network system for the project area. The implementation limit of this network will be from the Property connection point outside the plot boundaries to the inlet points of the terminal sewage pumping station in STP premises (by gravity system). The scope for this item includes designing of the gravity sewer system, providing, supplying, lowering, laying and jointing of sewer including excavation, backfilling, and bedding of pipes for domestic sewage collection. The scope of services includes supply of water for hydraulic testing and carrying out hydraulic test for network and manholes. The layout drawing for Residential Sewerage network system is given in Appendix BXII. The tentative details of the sewerage network system are as follows:
Table 3 – Tentative Details of Residential/Domestic Sewerage Network
S. No. Description Value
1 Sewer Pipe Diameter 200 mm - 600 mm
2 Sewer Pipe Material along the Road RCC NP3
3 Sewer Pipe Material Crossing the Road
RCC NP4
4 Total Length of Sewerage network Refer the Drawings
The manholes in the residential/ domestic sewerage network shall be HDPE manholes as per relevant standards and codes. The scope for Manholes shall include designing , supply installation, interconnection, testing and commissioning of HDPE manholes, drop manholes and scrapper manholes. including all civil works like excavation, backfilling, works etc.
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Table 4 – Tentative Details of Manholes
Description Value
HDPE Manholes As per design requirements
Distance @ 30 m c/c and at Junctions, Bend, change of alignment etc.
Depth of invert of manholes 1.1 m to 6.5 m
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1.3 Property Connections Service pipes for the property connections should be laid up to plot boundaries in the project area. The service pipe details are as defined below:
Table 5 - Tentative Details of Property Connections
S. No. Description Value
1 Pipe Diameter 160 mm
2 Pipe Material HDPE /PE as per IS 14333
3 Total Number of Residential property connections
400 property connections
1.4 Sewage Pumping Stations-
The residential sewerage network has been planned in such a fashion that no intermediate pumping is required. However, the same is to be ascertained during detailed design of sewerage system by the contractor.
1.5 Sewage Treatment Plant
STP is not covered in the scope of contract; treatment plant is planned for the project area. This STP is planned in a modular stage-wise development, treated up to Tertiary treatment and treated effluent is to be reused for non-potable applications, such as industrial and horticultural uses. A temporary 10KL STP will be provide in sector 5.
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APPENDIX B VIII
1.0 Industrial Effluent Sewerage/Collection Network
1.1 Background
The industrial effluent collection network system is proposed primarily for the collection of industrial effluent from the process units of the industries. This network also collects the sewage generated from workers in the industries. CETP is planned to develop in modular basis and shall be built under separate package.
1.1.1 Industrial Effluent Generation
For industrial waste water sewer, it is proposed that a return factor of 75% of total water supplied shall apply. The industrial waste water generation is presented in the table below.
Table 1 - Expected Industrial Waste Water Generation
S. No. Description Waste Water Generation (MLD)
1 Industrial Process 10.95
2 Industrial Workforce 0.63
TOTAL 11.58
Rate of Infiltration Infiltration into the sewerage system occurs through defective sewers, manholes, etc. The rate of infiltration into sewers also depends upon the ground water table and permeability of the surrounding soil. Though strict quality control and good workmanship would ensure minimum infiltration, however as the system condition deteriorates with age, the possibility of infiltration increases. Manual on Sewerage and Sewage Treatment, by CPHEEO, 2013 recommends the norms for adopting ground water infiltration into sewers which shall be suitably adopted. Peak Factor Since the variability of flow in industrial sewers is not as high as domestic sewer, the peak factor for these sewers is to be adopted as 1.5.
1.2 Industrial Effluent Sewerage/Collection Network and Manholes The industrial effluent collection network will collect the effluent from Industry plots and convey it to the Common Effluent Treatment Plant (CETP) located within the project area.
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There will be intermediate effluent pumping stations at places where the depth of the gravity collection network is more than 4m (or more as per the practical feasibility and local terrain conditions) from the Ground Level. The pumping mains from the pumping stations will convey the effluent to the nearest manhole and the scope includes designing of the intermediate pumping stations as well as pumping mains line. Contractor has to design the complete network system for the project area. The implementation limit of this network will be from the Property connection point outside the Industrial plot boundaries in the project area to the inlet points of the terminal effluent pumping station in CETP premises (by gravity system). The Layout drawing for Industrial effluent collection system is given in Appendix BXII. The scope for this item includes designing of the effluent collection system, providing, supplying, lowering, laying and jointing of pipes including excavation, backfilling, bedding for Industrial effluent collection. The scope of services includes supply of water for hydraulic testing and carrying out hydraulic test for network and manholes. The tentative details of the industrial effluent collection system shall be as follows:
Table 2 – Tentative Details of Industrial Effluent Collection Network
S. No. Description Value
1 Sewer Pipe Diameter 200 mm - 700 mm
2 Sewer Pipe Material along the Road RCC NP3 with HDPE lining minimum 5 mm thick
3 Sewer Pipe Material Crossing the Road RCC NP4 with HDPE lining minimum 5 mm thick
3 Total Length of Industrial Sewer network Refer the Drawing
The manholes in the Indusial effluent collection network shall be HDPE manholes as per relevant standards and codes. The scope for Manholes shall include designing , supply installation, interconnection, testing and commissioning of HDPE manholes, drop manholes and scrapper manholes. including all civil works like excavation, backfilling, works etc.
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Table 3 - Tentative Details of HDPE Manholes
Description Value
HDPE Manholes As per design requirement
Material of Construction HDPE as per relevant codes and standards
Distance @ 30 m c/c and at Junctions, Bend, change of alignment etc.
Depth of invert of manholes 1.3 m to 6.5 m
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1.3 Property Connections Service pipes for the property connections should be laid up to plot boundaries in the project area. The service pipe details are as defined below:
Table 4 - Tentative Details of Property Connections
S. No. Description Value
1 Pipe Diameter 160 mm
2 Pipe Material uPVC
3 Total number of industrial property connections
1000 property connections. As per design requirement
1.4 Intermediate Sewage Pumping Stations and Pumps-Deleted
1.5 Pumping Main (deleted)
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1.6 Common Effluent Treatment Plant
CETP and terminal pumping station at CETP is not covered in the scope of contract. This CETP is planned in a modular stage-wise development, treated up to Tertiary treatment and treated effluent is to be reused for non-potable applications, such as industrial and horticultural uses.
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Appendix B IX
1.0 Storm Water Drainage Network
Drainage system for the Project Area and adjacent areas shall be based on following
parameters.
Invert levels at the outfalls to primary drainage channels and the existing railway drainage
crossings will be considered for the design of secondary drainage system
Minimum cover shall be maintained below the finished ground level as per CPHEEO 2014
manual.
Once in 5 year event flows for secondary storm water drainage channels;
Once in 10 year event flows for minor culverts (5-year discharge < 10 m3/s);
Once in 25 year event flows for major culverts (5-year discharge > 10 m3/s); and
Once in 50 year event flows for bridges.
1.1 RCC DRAINS
RCC rectangular drains details are as per table given below:
Table-1
Road Type Type of Drain Width (m) Depth(m) Length (m)
Type-B RCC drains 1.5 2.5
Refer the Drawings
Type-C RCC drains 1.2 2.5
Type-C RCC drains 3.5 2.2
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1.2 UNDERGROUND PIPE DRAINS
Details of concrete NP-3 pipe drains are as per Table given below:
Table-2
Road Type Type of Drain Diameter (mm) Length (m)
Upstream UGD
RCC NP-3 1600
Refer the Drawings
RCC NP-3 1400
RCC NP-3 1200
RCC NP-3 1000
RCC NP-3 900
CBD RCC NP-3 900
Type-A RCC NP-3 600
Type-D RCC NP-3 450
1.3 TYPICAL CROSS SECTIONS AND DRAINAGE LAYOUT PLAN
Drawings of storm water drainage layout plan and typical cross section for each type of road showing the details of the drainage arrangement are given in the “Drawings” Volume.
1.4 PROPERTY CONNECTIONS
Storm water drainage network shall be placed at the extreme edge of Right of Way with RCC covered drains for future property connections. RCC covered drains for 1000 property connections:
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Note: Width and depth mentioned in table above are including wall thicknesses. Typical property
connection arrangement drawings are given in the “Drawings” Volume.
1.5 OUTFALL STRUCTURES
33 numbers of outfall structures along the primary drains will be required to drain secondary drains in to primary drains. The typical details of out fall structures are given in the “Drawings” Volume.
1.6 RAIN WATER HARVESTING STRUCTURES
The following Rain Water Harvesting (RWH) Structures are required. The typical details of Rain water harvesting structures are given in the “Drawings” Volume
Table-4
Type of RWH Nos
Rainwater Harvesting Structures at Low points within Shendra Phase-I
12
Rainwater Harvesting pits at plot areas 35
1.0 1.7 OTHER ITEMS
The following items are required to be executed as part of the scope of this contract under the Storm Water Drainage component.
Grated Kerb Inlets and Collecting Chambers at suitable locations along industrial plots and
on roads to drain water into storm water drains.
Manholes along the Underground Drainage network and on Type-A roads at suitable
locations.
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Appendix B X 1.0 Development of the Power Network
SCOPE OF WORK: The successful contractor shall be responsible for- a) Deleted b) Deleted c) Deleted
d) Deleted
e) Deleted f) Deleted
g) Deleted
h) The power network power factor (P.F.) is assumed to be maintained at 0.95, if required 33kV Power Factor Correction Panels may be installed in future to improve the power factor of the system to 0.99. The reference of these capacitor banks is available in the tender drawing Single Line Diagram. The contractor shall envisage necessary space and arrange necessary power supply for these future capacitor banks.
Note-: The detail of 33KV Capacitor banks as shown in the single line diagram in tender
drawings for reference. The contractor shall design necessary capacitor banks (as per the required value of P.F.) and install, test and commission in accordance with Indian Standards, IEC and local electricity rules.
i) Design, supply, installation, testing and commissioning of all control panels, RTCC
panels, Distribution Boards, Lighting panel and all other auxiliary supply panels.
j) Design, supply, installation, testing and commissioning of SCADA system along with all necessary equipment.
k) Design, supply, installation, testing and commissioning of High Mast, Lighting poles,
lighting panels, cabling etc. as required for street lighting.
l)
m) Design, supply, installation, testing (including soil testing) of Earthing system including
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the provision of earth pits, laying of earthing conductors etc. complete in all respect.
n) Design, supply, installation and commissioning of smart Lightning system including the provision of earth pits, laying of earthing conductors, software to control lights from the control room etc. complete in all respect.
o) All cabling, terminations, jointing and necessary works as required to take the power
supply from 220/33kV MRSS substation and to connect this to each 33/11kV substation and to establish an interface between transmission and distribution network battery limits.
p) All works w.r.t. existing Power Supply Infrastructure i.e., dismantling, shifting, re-installation etc. shall be in contractor’s scope.
q) Property connections from the RMU’s to the designated location at the property boundary.
r) Construction of a 10x10M SCADA building for central control for all 5 Substations. Installation of all hardware, systems and software by the current package 1 contractor. In the current scope the EPC contractor to do all the civil,utilities for the building including parking space for 3 cars and landscaping.
Philosophy for power supply distribution It is envisaged that 5nos, 33/11kV substations shall be provided near to the load centers. Each substation shall be housing necessary 33kV, 11kV VCB based switchgears, outdoor type transformers, Lighting panels, distribution boards, power factor controllers, 11/0.415kV auxiliary Transformers etc. Each substation shall be receiving power supply from 220/33kV Main Receiving Power Supply (MRSS) substation through aluminium cables. It is proposed that each substation shall receive power supply from power source feeders of different buses of MRSS GIS panels. The power supply to each consumer shall be fed through respective Ring Main Unit (11kV/33kV) based on their maximum demand. It is proposed that all the consumer upto 3MVA power demand shall receive power through 11kV Ring main units. However, all other consumers having maximum demand above 3MVA and below 20MVA shall receive supply through 33kV Ring Main Units (RMUs). The RMUs shall be provided at the proximity of each type of consumers. For the space optimization and to reduce the cable sizes all 11kV and 33kV RMUs shall be fed from nearby substations. For the power supply arrangement of each RMU, the contractor shall ensure the provision of
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necessary power supply feeders in respective substation. The quantity of each type RMU is indicated in single line diagram. All other auxiliary loads (lighting, small power) upto 200 kVA shall be using 415 V supply. For this purpose, each substation shall be housing dedicated auxiliary transformer to feed supply at 415 V AC. To maintain the redundancy and reliability in the power supply distribution network, 11 kV and 33kV Ring main units shall be connected in a ’Ring’. Each ring shall be connected to separate sources through the feeders on the different buses (refer overall single line diagram).
2.0 Specifications and Standards
The Power distribution (11kV & 33kV) shall be designed and constructed in conformity with the Specifications and Standards specified in Schedule-D.
3.0 Design
The contractor shall design the power distribution system based on the following criteria:
3.1 General
The electrical system shall be designed to provide:
a. Safety to personnel and equipment both during operation and maintenance.
b. Reliability of Service.
c. Minimal fire risk.
d. Ease of maintenance and convenience of operation.
e. Automatic protection of all electrical equipment through selective relaying system.
f. Electrical supply to equipment and machinery within the design operating limits.
g. Adequate provision for future extension and modification.
h. Suitability for applicable environmental factors
3.2 Capacity of Electrical System
All the components of the electrical system will be sized to suit the maximum load, under the most severe operating conditions. Accordingly, the maximum simultaneous consumption of power, required by continuously operating loads will be considered and an additional margin will be taken into account for intermittent service loads, if any. The amount of electrical power consumed by each process unit will be calculated for its operation at the design capacity.
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3.3 Ambient conditions
a) Ambient Temperature: 40°C Max. & 9°C Min.
b) Relative Humidity: 95% Approx.
c) Altitude: 26 Mtrs. approx. from Mean sea level
d) Annual Rain fall: 710mm
3.4 Load Density & Diversity Factor
Power demand estimates for the Shendra Phase-I may be derived based on figures and assumptions as mentioned in Table 1 below. These figures are only for contractor’s reference. However, the contractor should arrive at necessary power demand basis and get it approved from client before the start of detailed engineering and design.
Table 1: Indicative Power Estimation
S. No. Type of Land Use Load density (Watt/Square meter)
1 Industrial & Light Industries 37.4
2 Residential 57
3 Commercial 80
4 Open space/ recreation 25
5 Roads & Utilities 5
The maximum demand of the Shendra project shall also be determined considering the load density, load Factor, diversity factor (applicable for various types of consumers present in Maharashtra) and future growth upto 30years.
3.5 Codes and Standards The electrical equipment and accessories shall be designed as per the following codes, standards and regulations. Applicable Standards and Codes of Practices published by Bureau of Indian Standards.
Central Board of Irrigation and Power
Indian Electricity Act, 2003
Central Electricity Authority
IEC Standards
IEEE Standards
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Indian Electricity Rules
Equipment specific statutory regulations
Indian Factory Act
Maharashtra Industrial Development Corporation Ltd.
MAHATRANSCO Ltd. -MSETCL - Equipment complying with other recognized Standards
such as IEC, BS, VDE, DIN etc. shall also be considered if it ensures performance equivalent
to or superior to Indian Standards.
Equipment and accessories, for which Indian Standards are not available, shall be designed in
accordance with the latest issues of recognized Standards such as IEC, BS, VDE and DIN.
3.6 System Voltage and Frequency
Voltage Levels: Following power utilization standard voltage levels are proposed to be adopted for various systems.
Table 2: Standard Voltage Levels
S. No. Description Voltage level
1. Main power supply voltage
A Distribution inside Phase-I area of MIP –
Supply voltage (33kV & 11kV only) 33kV & 11kV , 3 phase, 3 wire, 50 Hz,
2. Instrumentation & control including
protection interlocking system 240 V, 1 phase, A.C. (from UPS)
3. Control and protection of HT and LT
switchgears including ACBs of MCCs. 220 V, 2 wire, unearthed D.C.
4. Control and indication for MCC feeders
(other than ACBs)
240 V, 1 phase, line & neutral (through
control transformers)
5. UPS 240 V, 1 phase, 2 wire
6. Metering 110 V, AC, PT supply
7. Illumination 240 V, 1 phase, line & neutral
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S. No. Description Voltage level
8. Panel lighting and space heaters 240 V, 1 phase, 2 wire, 50 Hz, A.C. with
one point earthed
3.7 Permissible Variations
The system unit / plant / equipment shall be designed suitably for following variation in voltage and frequency:
Table 3: Voltage Variations
S.No Description Voltage
1
Permissible variation with rated
performance and control effectiveness
maintained
For HT system:-
+/- 6%
2 Permissible voltage dip during starting of
motor +/- 10 %
All the power and distribution transformers shall be envisaged with Tap Changers with voltage settings +5/-15% in the step of 1.25. However, all the electrical consumers shall ensure to provide necessary equipment to limit the voltage variation in the network within the specified values in this document.
3.8 Harmonics Suppression
All electrical consumers shall install necessary equipment to restrict the harmonics generation less than 5% in the electrical network. Consumer shall install necessary harmonic filters near to the loads generating harmonics.
3.9 Power Factor Correction
All electrical consumers i.e. Industrial, Commercial, Residential, CBD etc. shall install necessary power factor correction equipment at their premises to bring the system Power Factor at 0.99.
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3.10 Symmetrical Short Circuit Ratings
The three phase symmetrical short circuit ratings of the switchgear at different voltage levels envisaged are as follows:
Table 4: Short Circuit Ratings
Breaking Capacity Making Capacity
11kV & 33kV 31.5 kA 100 kA
4.0 Substation Design
The design of the all substations shall be in other’s scope. However, contractor shall be responsible for necessary provisions and equipment as required for the interface between the transmission and distribution networks.
5.0 HV Cables
The scope shall include the design, supply, laying, testing and commissioning of 33kV and 11kV, XLPE, Armored cables.
The scope for this item also includes jointing and terminations (by methods prescribed in Indian and International Standards).
6.0 ICT related work
S. No. Description Value 1 Pipe Diameter 200 mm 2 Pipe Material DWC 3 Length 29KM
4
Providing and fixing RCC manhole chambers including slab of size M30grade with opening maximum 3 numbers of dia . Item also shall include excavtion upto depth of 1.2 meters , PCC M20 of 75mm thk with 100 mm projection out side chamber
200 manholes including making 200 core cutting holes
7.0 Lighting
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The scope shall include theinstallation, testing and commissioning of lighting system along the road lengt . The street lights will be smart lighting with group control. The contractor will provide the software and hardware to make the entire system for group control. Successful bidder will install the street lights as per the approved lighting layout based on the lighting study (using lighting software’s) and energy saving evaluation charts.
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Appendix B XI
1.0 Structures: Culverts, Bridges and Outfalls Structures for Storm Water Drainage
1.1 Bridges (deleted)
2.0 Outfalls Structures for Storm Water Drainage
General arrangement drawings of out fall structures are given in Appendix B XII.
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Appendix B XII
1.0 Drawings (Refer Drawing Volume) Pl refer Vol III
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Schedule C - Project Facilities
(See Clause 2.1) 1.0 Project Facilities
The Contractor shall design and construct the Project Facilities in accordance with the provisions of this Schedule C. Such Project Facilities shall include;
1.1 Project Facilities
Each of the Project Facility is briefly described below;
(a) Road Side Furniture / Road Markings & Signage
Road Side furniture and Road markings & signage shall be provided in accordance with the provisions as per Schedule D. The road side furniture shall include the provision of the: i) Overhead Gantry signs: location and Nos. as given in table below;
Table 1
S. No. Road ID Junction No. Total Nos.
1 A2 27 3 2 A3 19 2 3 A3 4 3
4 A3 5 3
ii) Traffic Sign: Traffic signs include roadside signs and curb mounted signs along the entire road network in scope. Signage shall be provided as per IRC Standards.
iii) Pavement markings: Pavement markings shall cover road marking for the entire road network in scope as per IRC standards.
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iv) LED Traffic Blinkers: For the entire road network in scope as per IRC.
v) Crash barrier Provide W-beam crash barrier along the project road network in scope. At the locations as suggested in Schedule D.
vi) Delineators: Delineators for the entire road network in scope.at the locations as per IRC. .
vii) Pedestrian facilities:
The Pedestrian facilities shall include the provision of the;
(i) Pedestrian crossing facilities at intersections and mid block locations required by the Employer
(b) Street Lighting
Street lighting within the Right of Way shall be as per road plans in drawings volume. This work comprises of poles & fixtures, lighting cables, optical fibre cables, controllers etc.
Table 2
S.No.
Element Proposed Minimum
Illumination Level
1 Cycle track and Multipurpose Corridors ( ) In accordance with
the Standards and specifications
2 Roads and Service Roads 3
Emergency Lanes, Junctions and Pedestrian Crossings
Street lighting and High mast lighting shall be provided in accordance with the Standards and Specifications as referred in Schedule-D.
(c) Guard rails
Guard rails shall be confined to junctions at the traffic islands to retain the landscape/plantation from animal menace, this shall be provided in accordance with the Standards and Specifications as referred in Schedule-D.
(d) Rumble Strips/Speed Breakers
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Rumble Strips/Speed Breakers shall be provided at locations demanding reduction of speeds which include approaches of important junctions, Highways, the same shall be in accordance with the Standards and Specifications as referred in Schedule-D.
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Schedule D - Specifications and Standards
(See Clause 2.1)
Contents
Specifications and Standards
Annexure I (A) – Roads and Utilities / Services
Annexure I (B) – Potable Water Supply Network
Annexure I (C) – Recycled Water Supply Network Annexure I (D) – Firefighting Water Supply Network
Annexure I (E) – Sewerage Network
Annexure I (F) – Storm Water Drainage Annexure I (G) – 33KV HT Panel
Annexure I (H) – 11KV HT Panel Annexure I (I) – Transformer Annexure I (J) – SCADA system Annexure I (K) – Ring Main Units Annexure I (L) – Cables Annexure I (M) – Illumination system Annexure I (N) – Design Life
Additional Specifications – Part A: Standards Specifications
Additional Specifications – Part B: Special Provisions
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1.0 Construction
The Contractor shall comply with the Specifications and Standards set forth in Annex- I of this Schedule-D for construction of the Project Roads and Utilities/ Services.
2.0 Design Standards
The Project Roads and Utilities/ Services shall conform to design requirements set forth in Annex-I of this Schedule-D.
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Annexure – I
(Schedule-D)
Specifications and Standards for Construction
(A) ROADS AND UTILITIES / SERVICES
1.0 Roads and Utilities / Services
Standards and Specifications of following project components are given in this section;
a) Road works: road furniture, road markings, road signage, bus bays, bus shelters, traffic
control devices, safety works, pedestrian facilities, median plantation, etc.
b) Street lighting: poles, fixtures, lighting cables, optical fibre cables, controllers etc.
c) Structures: culverts, bridges, minor bridges, storm water drainage structures, storm water drainage outfall structures, utility/services structures for power supply & optical fibre cable network for Information and Communication Technology (ICT) etc.
d) Storm Water Drainage network: RCC pipe drains ,Concrete box drains, earthen
drain and outfall structures etc.
e) PVC conduits for optical fibre cables.
1.1 The Codes, Standards and Technical Specifications applicable for the design and construction of project components are:
i. Indian Roads Congress (IRC) Specifications, Standards, Design Codes
ii. IRC Special Publications
iii. Ministry of Surface Transport Publications (Now Ministry of Shipping, Road Transport & Highways)
iv. IRC Seminar Publications
v. Policy circular/Advisory letters issued to all states/UTs on the matter pertaining to
urban transport April 2008 – October 2014
vi. Four lane and Six lane Manuals i.e. IRC: SP-84-2014, IRC: SP-87-2013 as per the cross section of road
vii. Any supplement issued with the bid document
Latest version of the Codes, Standards, Specifications, etc., notified/published at least 60 days before the last date of bid submission shall be considered applicable.
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1.2 Where the Contractor intends to use an alternative to these Standards/Guidelines for
delivering an equal or better product, he shall be permitted to use such alternative subject to the following conditions: He shall demonstrate that the proposed alternative conforms to any of the following International Standards, Codes of Practice, Specifications, Guidelines, etc. I. American Association of State Highway and Transportation Officials (AASHTO)
II. American Society for Testing of Materials (ASTM)
III. Euro Codes
IV. National Standards of any of the following countries: United States of America (USA), Canada, United Kingdom (UK), France, Germany, Sweden, Denmark, Norway, Netherlands, Spain, Australia, New Zealand, Japan and South Africa
In case the Contractor intends to use any alternative material/ technology/ method, whether patented or otherwise, that is not specifically covered in the Indian or International Standards as listed above, but the use of which has been permitted on similar projects (similar in category of road, traffic and climatic conditions) as the Project Road, he would be permitted, its use on certification by the owners of such similar projects regarding the continued successful performance of such materials, technologies, methods, procedures or processes for at-least 5 years of the service life of the project. Such a certification shall be supported with details of critical performance parameters.
1.3 Standards and Specifications for Construction
The Contractor shall comply with the Standards and Specifications for Construction of roads and utilities / services as given below.
All materials, works and construction operations shall conform to the Specifications for Road and Bridge Works (Fifth Revision, April 2013), issued by the Ministry of Road Transport & Highways (MoRT&H). Where the Standards and Specifications for a work are not given, Good Industry Practice shall be adopted to the satisfaction of the Employer’s Engineer.
1.4 List of Standards
List of Standards are given in Table: 1, Table: 2, Table: 3 and Table: 4. Latest revision of codes shall be referred.
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Table 1:
S. No.
Description
Code/Document No.
1 Recommended Practice for the Design and Layout of Cycle Tracks
IRC:11-1962
2 Lateral and Vertical Clearances at Underpasses for Vehicular Traffic
IRC:54-1974
3 Recommended Practice for Traffic Rotaries IRC:65-I976
4 Space Standards for Roads in Urban Areas IRC:69-1977
5 Guidelines on Regulation and Control of Mixed Traffic in Urban Areas
IRC:70-1977
6 Geometric Design Standards for Urban Roads in Plains IRC:86-1983
7 Guidelines for the Design of Interchanges in Urban Areas IRC:92-1985 8
Guidelines on Accommodation of Underground Utility Services Along and
IRC:98-2011
9
Tentative Guidelines on the Provision of Speed Breakers for Control of
IRC:99-1988
10 Guidelines for Pedestrian Facilities IRC: 103-2012
11 Guidelines for Capacity of Urban Roads in Plain Areas IRC: 106-1990
12 Tentative Recommendations on the Provision of Parking Spaces for Urban
IRC:SP: 12-1973
13 Code of Practice for Road Markings (with Paints) (First Revision) IRC:35-1997
14 Code of Practice for Road Signs (Third Revision) IRC:67-2012
15 New Traffic Signs IRC:SP:31-1992
16 Vertical Curves for Highways IRC:SP:23-1983
17 Guidelines for the design of curves for Highways & Design tables (First Revision)
IRC:38-1988
18 Guidelines on Design of At-Grade Intersections in Rural & Urban Areas
IRC:SP: 41-1994
19 Highway Safety Code IRC:SP: 44-1996
20 Guidelines on Urban Drainage IRC:SP: 50-2013
21 Standard for vertical and horizontal clearances of Overhead electric power and
IRC: 32-1969
22 Tentative Guidelines for the Design of Flexible Pavements IRC:37 -2012
23 Guidelines for the Design of Plain Jointed Rigid Pavements for Highways
IRC:58 -2011
24 Dimensions and weights of Road Design Vehicles IRC:3-1983
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Table 2:
Element of
roads/service
Design Standards/Guidelines used for design
Code No. Description Ground improvement
HRB SR No.14,1994
State-of-the-Art-Report: High Embankments on Soft Ground, Part B – Ground Improvement
Embankment filling HRB SR No.3,1999
State-of-the-Art-Report: Compaction of Earthwork and S b d
Pavement design
IRC: 37- 2012 Tentative Guidelines for the Design of Flexible IRC: 58- 2011
Guideline for the design of plain jointed rigid pavement for highways
Road markings IRC: 35-1997 Code of Practice for Road Markings (First Revision)
Signage IRC:67-2012 Code of Practice for Road Signs (Third Revision)
Landscaping IRC:SP:21-2009 Guidelines on Landscaping and Tree Plantation
Pedestrian facilities IRC:103-2012 Guidelines for Pedestrian Facilities (First Revision) Cycle tracks
IRC:11-1962
Recommended Practice for the Design and Layout of Cycle
Safety features IRC:SP: 44-1996 Highway Safety Code Traffic lights
IRC: 93-1985
Guidelines on Design and Installation of Road Traffic Signals
Junctions / Median openings
IRC:SP:41-1994
Guidelines on Design of At-Grade Intersections in Rural & Urban Areas
Structures
IRC : 112 -2011 Code of Practice for Concrete Road Bridges: IRC: 5-1998- Standard Specification and Code of Practice for Road Bridges Section I - General Features of
IRC: 5-1998 Standard Specification and Code of Practice for Road Bridges, Section I - General Features of D i
IRC: 6-2014 Standard Specification and Code of Practice for Road Bridges, Section II - Loads and Stresses
IRC: 24-2010
Standard Specification and Code of Practice for Road Bridges, Section V - Steel Road Bridges
IRC: 78-2014 Standard Specification and Code of Practice for Road Bridges, Section VII - Foundations and S b t t
IRC: 83-2002 (Part III)-
Standard Specification and Code of Practice for Road Bridges, Section IX- Bearings, Part- III: POT, POT-CUM-PTFE, PIN and Metallic Guide Bearings
Protection works IRC:89 – 1998
Guidelines for Design and Construction of River Training & Control Works for Road Bridges (First Revision) Retaining structure
High embankments IRC:75-1979 Guidelines for the Design of High Embankments Erosion control
IRC:56-2011
Recommended Practices for Treatment of Embankment and Roadside Slopes for Erosion
Slope stability HRB SR.No.1,2000 State-of-the-Art-Report: Lime-Soil Stabilization
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Kerb and separator IRC:86-1983 Geometric Design standards for Urban roads in plains
Drains CPHEEO, IRC SP-42 2014 IRC SP-50 2013
Guidelines for Road Drainage Guidelines for Urban Drainage
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Table 3: (Street Light- Standard for installation)
Code
Standard for installation
IS : 1255 ·1983 (Reaffirmed 1995)
Code of practice for installation and maintenance of power cables up to and including 33 kV rating.
IEC:60947 Switchgear Protective Components.
IEC : 60598 – 2 – 3 IUT (Institute of Urban Transport)
Particular requirements luminaries for road & street lighting.
IS : 2309 Code of practice for Lightning Protection.
IS : 3043 Code of practice for Earthing.
Table 4: (Street Light- Design Standards)
Cod Design IS : 7098 (Part- II & Part-III) 2003 IS : 8130
Standard for XLPE Cables, Part – II up to 3.3 kV to 33 kV and Part– III from 33 kV to 220 kV). Specification for conductors for insulated electric cables & flexible cords.
IS 1554 (Part I & Part – II) Specification for PVC insulated (Heavy Duty) electric cables Part 1 For working voltages up to and including 1100 Part 2 For working voltages from 3.3 kV up to and
including 11 kV IEC : 61439 IEC:60947
Feeder Pillar & Switchgear (Totally Type tested Assembly TTTA). S it h P t ti C t
IEC : 60598 – 2 – 3 IUT (Institute of Urban
Transport) CIE (Industrial
commission of
Particular requirements luminaries for road & street
lighting Standard for road lighting Road Transport Lighting for Developing Countries
IS : 2309 Code of practice for Lightning Protection
IS : 3043 Code of practice for Earthing
IS : 1944 Code of practice for lighting of public thoroughfares
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IS : 1367 BSEN ISO 1461 BS EN 10025-1:2004
Standards for Poles & Masts Recommended practice for hot-dip galvanizing of iron
& steel Hot dip galvanized coatings on fabricated iron and
steel articles. Specifications and test methods
Hot rolled products of structural steels. General technical delivery conditions
(B) POTABLE WATER 1.0 Potable Water Supply Network
Standards and Specifications for the Design and Construction of Potable Water Supply Network are given in this section.
1.1 Background- Deleted
2.0 Population Details 3.0 Unit Potable Water Demand - Deleted 4.0 Potable Water Demand - Deleted
5.0 Underground Service Reservoir (Potable Water) – deleted
6.0 Potable Water Rising Mains from UGSR to OHSR _ Deleted
7.0 Elevated Service Reservoir for Potable Water Supply – Deleted
8.0 POTABLE WATER DISTRIBUTION SYSTEM The design parameters for the Potable water distribution system shall be as follows:
Table 5: Design Parameters for Distribution System
S. No Design Parameter Value
1 Minimum residual pressure 10 m for Industries 5.0 m for high rise and bulk consumers
2 Peak factor 1.5
3 Losses as Unaccounted for water (UFW) to be considered for designing
10% losses
4 Bedding 200 mm Moorum bedding for non-rocky stretches
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S. No Design Parameter Value
5 Clear cover over pipe 1.0 m (minimum)
6 Basis of supply to consumers 24x7 : gravity fed from UGSR and OHSR
7 Max. Unit head loss in the pipe 10m/KM 8 Hazen William Coefficient 140(DI); 145(HDPE)
9 Pipe material HDPE(PE-100/PN8.0) DI-K7 & DI-K9
Note : The length of the pipeline shall be as per the drawings aatched in Vol III
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(C) RECYCLED WATER SUPPLY NETWORK
1.0 Recycled Water Supply Network Standards and Specifications for the Design and Construction of Recycled Water Supply Network are given in this section.
1.1 Background- Deleted
2.0 Recycled Water Demand – Deleted
3.0 Under Ground Service Reservoir (Recycled Water) – Deleted
4.0 Recycled Water Rising Mains from UGSR to OHSR – Deleted
4.1 Recycle Water Pumping Station - Deleted 5.0 Over Head/ Elevated Service Reservoir for Recycled Water Supply – Deleted
6.0 Recycled Water Distribution System _
The design parameters for the Recycled water distribution system shall be as follows:
Table 4: Design Parameters for Distribution Network
S. No Design Parameter Value 1 Minimum residual pressure 10 m 2 Peak factor 1.5
3 Losses as Unaccounted for water (UFW) to be considered for designing
10% losses
4 Bedding 200 mm Moorum bedding for non-rocky stretches
5 Clear cover over pipe 1.0 m (minimum) 6 Basis of supply to consumers 24x7 : gravity fed from ESR 7 Max. Unit head loss in the pipe 10m/KM 8 Hazen William Coefficient 140(DI); 145(HDPE)
9 Pipe material 250 mm and below Dia: HDPE (PE-100/PN8.0) Above 250 mm Dia: DI-K7
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Pumping Mains : DI-K9 Note : The length of the pipeline shall be as per the drawings aatched in Vol III List of Standards and Specifications for Potable and Recycled Water Supply The design and Construction of potable water and recycled water supply pipelines including the design and construction of RCC elevated service reservoirs and other water retaining structures shall conform to design requirements and construction specifications set out in the following Indian and International Standards.
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Table 5: Relevant Indian Standards & Specifications
S. No. Code or Standard Description
1 Manual for Water Supply & Treatment
CPHEEO Manual for Water Supply & Treatment – 1999-MoUD, GoI
2 Manual on operation and Maintenance on water supply
CPHEEO Manual on Operation and Maintenance of water supply systems, 2005 MoUD, GoI
3 SP 7 (Part-9 Section-1) 1983 National Building Code of India 4 SP 35:1987 Hand book on water supply & drainage 5 IS 2065:1983 Code of practice for water supply in buildings
6 IS 1172 :1993 Code of Basic requirements for water supply, drainage and sanitation
7 IS. 3370 part I to IV Code of practice for concrete structure for the storage of liquids
8 IS 456-2000 Code of Practice for plain and reinforced concrete
9 IS 1893-2002 part I to V Criteria for earthquake –resistant design of structures
10 IS 13920-1993 Detailing of reinforced concrete structures subjected to seismic forces
11 IS. - 11682 / 1985 Criteria for design of R.C.C. staging for overhead tanks
12 IS 1992-1969 / IS 6403-1971 Code for exploration to find the safe bearing capacity
13 IS 2309-1969 Code for Lighting arrestors
14 IS 875 part I to III,1987 Code of practice for design loads for building and structures
15 IS 7357 Code of practice for structural design of tanks
16 IS 1786-1985 High strength deformed steel bars and wires for concrete reinforcement
17 IS 3589-2000 Electrically welded steel pipes for water, gas and sewerage (150 to 2000 mm nominal size)
18 IS 5822 Code of practice for laying of welded steel pipes for water supply
19 IS 1916-1989 Code for outside coatings for MS pipes 20 IS 7322-1989 Code for MS Specials 21. IS: 638 Specification for rubber and insertion jointing.
22. I.S. 1538 (Part I to XXII) 1976 Specification for cast Iron fittings for pressure pipes for water, gas and sewage
23. IS: 3658-1981 Code of practice for liquid penetrant flaw detection 24. IS. 226-1975 Specification for Structural steel
25. IS 4984/1995 High density polyethylene pipes for potable water supplies
26. IS: 9523 Ductile iron fittings for pressure pipes for water, gas and sewerage
27. IS: 1500 Code for Hardness test for DI pipes
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S. No. Code or Standard Description 28. IS:909-1976 Code for C.I. Fire Hydrants
29. IS 7634 Part-2 (2012) Code of practice for plastic pipework for potable water–Laying and jointing of polyethylene pipes
30. IS 8360 :2003 Fabricated high Density polyethylene ( HDPE) fittings for potable water supplies
31. IS 8008 Injection-molded HDPE fittings for potable water supplies
32. IS 11606-1986 Methods of sampling cast iron pipes and fittings 33. IS 1726 : 1991 Cast iron manhole covers and frames -specification
34. IS 3764-1966 Safety code of Excavation works and related Drilling Operations
35 IS 11906:1986 Recommendations for cement mortar lining for cast iron, Mild steel and Ductile Iron pipes and fittings for transportation of water
36 IS 5477 Methods for fixing the capacities of reservoirs
37 IS 9668:1980 Code of practice for provision and maintenance of water supply for fire fighting
38 IS 8062 Code of practice for cathodic protection for steel structures
39 IS 12288:1987 Code of practice for laying of ductile iron 40 IS 779:1994 Water meters (Domestic Type) 41 BIS IS 2104: 1981 Water meter boxes (domestic type) 42 IS2373:1981 Water meter (bulk type)
43 BIS IS 2401: 1973 Code of Practice for selection, installation and maintenance of domestic water meters
44 IS 6784:1996 Method for performance testing of water meters (domestic type)
45 IS 14846:2000 Sluice valves for water works purposes (50 to 1200 mm size)
46 IS 2906:1990 Sluice valves for water works purposes (350 to 1200 mm size)
47 IS 2685:1971 Code of practice for selection, installation and maintenance of sluice valves
48 IS 3950:1979 Surface boxes for sluice valves
49 IS 5312 Swing check type reflux (non-return) valves for water works purposes
50 IS 9739:1981 Pressure reducing valves for domestic water supply systems
51 IS 2692:1978 Ferrules for water services
52 IS 10446:1983 Glossary of terms relating to water supply and sanitation
53 IS 10500:2012 Drinking water quality
54 IS2951-1965 Recommendation for estimation of flow of liquids in closed conduits.
55 A guideline note on Guidelines for preparation of DPRs for water
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S. No. Code or Standard Description continuous water supply (24X 7 supply)
supply system by MoUD, 2013
56 Advisory note on improving Urban Water Supply & Sanitation Services
Guidelines for preparation of DPRs for water supply system by MoUD, 2013
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Table 6: Relevant International Standards & specifications
S No
Code or Standard Description
1 ISO: 10803-1997 Design method for ductile iron pipes
2 ISO: 2531-1991 Ductile iron pipes, fittings and accessories for pressure pipelines
3 ISO: 4179-1985 Ductile iron pipes for pressure and non-pressure- Centrifugal cement mortar lining – General requirements
4 BS 3416 Bitumen based coatings for cold application, suitable for use in contact with Potable water
5 ISO: 8179-1995 Ductile iron pipes-External coating-Part-1 Metallic Zinc with finishing layer
6 ISO: 4633-1996 Rubber seals-Joint rings
7 AWWA C600 Installation of ductile iron water mains and their appurtenances
8 BSEN -545 Code for Ductile Iron Flanges and Specials
9 AWWA Manual M11 Steel Pipe- A guide for design and Installation (Fourth Edition)
10 AWWA Manual M41 Ductile Iron Pipe and Fittings (Third Edition) 11 AWWA Manual M55 PE Pipe- Design and Installation (First Edition)
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(D) FIREFIGHTING WATER SUPPLY NETWORK
1.0 Firefighting Water Supply Network Standards and Specifications for the Design and Construction of Firefighting Water Supply Network are given in this section.
1.1 Background- Deleted 1.2 Underground Service Reservoir (Firefighting Water)- Deleted
1.3 Firefighting Water Distribution System
The network of pipelines for firefighting is to be of DI-K9 due to requirement of high residual head (35m at the farthest end) at all times. To achieve this, the contractor has to make all necessary provisions as per relevant codes and directions of Engineer-in-charge. The network is to be designed so that a minimum head of 35m is available at the farthest location of fire hydrant network when the pumps are running. The design parameters for the fire fighting network shall be as follows:
Table 1: Tentative Network Details for Firefighting Network.
Summary of Pipe Size
S. No. Type of Material Dia of Pipe (mm) Total Length (m)
1 DI (K9) 150 As per Drawings
1.4 Fire Fighting Water Pumping Station - Deleted 1.5 Fire Hydrant
Suitable numbers of two-way external fire hydrants are to be provided at a maximum distance of 45m centre to centre.
The relevant IS codes for firefighting are as follows:
S. No. Code or Standard Description
1 Manual for Water Supply & Treatment
CPHEEO Manual for Water Supply & Treatment – 1999-MoUD, GoI
2 SP 7 (Part-9 Section-1) 1983
National Building Code of India
3 IS. 3370 part I to IV Code of practice for concrete structure for the storage of liquids
4 IS 456-2000 Code of Practice for plain and reinforced concrete
6 IS 1893-2002 part I to V Criteria for earthquake –resistant design of structures
7 IS 13920-1993 Detailing of reinforced concrete structures subjected to seismic forces
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S. No. Code or Standard Description 8 IS 7357 Code of practice for structural design of tanks
9 IS 1786-1985 High strength deformed steel bars and wires for concrete reinforcement
10 IS 3589-2000 Electrically welded steel pipes for water, gas and sewerage (150 to 2000 mm nominal size)
11 IS 5822 Code of practice for laying of welded steel pipes for water supply
12 IS 1916-1989 Code for outside coatings for MS pipes 13 IS 7322-1989 Code for MS Specials 14 IS: 638 Specification for rubber and insertion jointing.
15 I.S. 1538 (Part I to XXII) 1976
Specification for cast Iron fittings for pressure pipes for water, gas and sewage
16 IS: 3658-1981 Code of practice for liquid penetrant flaw detection
17 IS: 9523 Ductile iron fittings for pressure pipes for water, gas and sewerage
18 IS: 1500 Code for Hardness test for DI pipes 19 IS:909-1976 Code for C.I. Fire Hydrants
20 IS 11606-1986 Methods of sampling cast iron pipes and fittings
21. IS 1726 : 1991 Cast iron manhole covers and frames –specification
22. IS 3764-1966 Safety code of Excavation works and related Drilling Operations
23. IS 11906:1986 Recommendations for cement mortar lining for cast iron, Mild steel and Ductile Iron pipes and fittings for transportation of water
24. IS 5477 Methods for fixing the capacities of reservoirs
25. IS 9668:1980 Code of practice for provision and maintenance of water supply for fire fighting
26. IS 12288:1987 Code of practice for laying of ductile iron
27. IS 14846:2000 Sluice valves for water works purposes (50 to 1200 mm size)
28. IS 2906:1990 Sluice valves for water works purposes (350 to 1200 mm size)
29. IS 2685:1971 Code of practice for selection, installation and maintenance of sluice valves
30. IS 3950:1979 Surface boxes for sluice valves
31. IS 5312 Swing check type reflux (non-return) valves for water works purposes
32. IS 9739:1981 Pressure reducing valves for domestic water supply systems
33. IS 2692:1978 Ferrules for water services
34. IS 10446:1983 Glossary of terms relating to water supply and sanitation
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S. No. Code or Standard Description
35 IS2951-1965 Recommendation for estimation of flow of liquids in closed conduits.
36 IS 904-1983 Specifications for two-way and three-way suction collecting heads for firefighting purposes
37 IS 1641-1988 Code of practice for fire safety of building (general) – General principles of fire grading and classification
38 IS 2871 - 2012 Branch Pipe, Universal for firefighting purpose - Specification
39 IS 2469 - 1988 Specifications for pumps for firefighting system
40 IS 13039 - 1991 External Hydrant systems – Provision and maintenance – Code of Practice
41 IS 15301 - 2003 Installation and maintenance of firefighting pumps – Code of Practice
42 SP-7 : Part IV National Building Code
The above limit is not exhaustive and provisions of any other relevant IS code will also be bound to be followed to provide an efficient firefighting network.
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(E) SEWERAGE NETWORK
1.0 Sewage Collection Network
Standards and Specifications for the Design and Construction of Sewerage Network are given in this section.
1.1 Background
The Sewerage network system would be designed for the expected domestic/industrial sewage flows from residential as well as other sectors such as commercial & institutional and Industrial. Sewage flow from a plot shall be primarily based on the estimated population for the plot and per capita sewage generation rate as per the CPHEEO manual/ National Building Code norms/ as per Development Plan. STP/CETP is planned to develop in modular basis and built under separate package.
2.0 Parameters for Sewage Collection Network
The design parameters for the sewage collection network shall be as follows:
Table 1: Design Parameters for Sewerage Network
S. No. Design Parameters Value
1. Ground water infiltration 375 ltr/day/manhole
2. Peak Factor
Residential Peak factor:
Contributing Population Peak Factor
Up to 20,000 3.00
20,000 to 50,000 2.50
50,000 to 7,50,000 2.25
Above 7,50,000 2.00
Industrial Peak Factor :1.5
3. Capacity of conduits 80% full at peak flow
4. Minimum velocity 0.6 m/s – minimum velocity at initial peak flow
0.8 m/sec –peak flow
5. Depth of cover 1.1 m Minimum depth of cover will be provided over top of pipe at the start of the sewers.
6. Bedding for Sewers 200 mm Moorum bedding
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S. No. Design Parameters Value
7. Manholes Domestic @ 30 m c/c distance
8 Manholes Industrial @ 30 m c/c distance and at junctions with minimum 5 mm HDPE lining.
9 Pipe Material for Domestic
sewage. RCC NP3 and RCC NP4 for Road crossing
10 Pipe Material for Industrial
sewage
RCC NP3 and RCC NP4 for Road crossing withminimum 5 mm HDPE lining* with T ribs of9.5mm height at 64 mmc/c.
* The HDPE Rib lining sheet is thermoplastic material with Elongation factor of 200% having excellent weld ability which can be easily welded by wedge wielding with high jointing strength.
3.0 Pumping Main for Sewage Collection
Sewage collected from the branch sewers will be conveyed through pumping main to the nearest gravity manhole or the Sewage Treatment Plant for further treatment. The design parameters for the pumping main for sewage collection shall be as follows:
Table 2: Design Parameters for Pumping Main
S.No Design Parameters Value
1. Velocity >1.0 m/s to 2.5 m/s
2. Pipe material D.I. K-9
4.0 Intermediate Sewage Pumping Station – Two no. intermediate sewage (industrial) pumping stations are to be constructed to house non-clog solids handling submersible pump of required capacity and power. The minimum size of pumping station however shall not be less than 100sq.m with minimum 3.5m height although the actual pump room size shall be ascertained so as to house adequate number of pumps of required capacity and stand-by arrangements. The inside and outside finishes shall be as per the schedule of finishes mentioned below.
S.No. Description Specification
1 FOUNDATION As per structural design based on soil investigation.
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S.No. Description Specification 2 SUPER STRUCTURE
2.1 Structure
R.C.C. framed construction with brick work or load bearing construction with intermediate columns as per design.
3 FLOORING
3.1 Flooring in pump room Vacuum dewatered concrete.
4 RAILING GMS with Painting 5 FINISHING
5.1 External
Paint Weather Coat paints.
Water Proofing with 10 year warranty with chequered tiles on slab top
5.2 Internal
Acrylic paint inside the pump house.
Food grade epoxy, chlorinated rubberised paint inside the reservoir.
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Below is the list of relevant Indian Standards pertaining to sewerage works:
Table 3: Relevant Indian Standards & Specifications
S.No Code or Standard Description
1 Manual for Water Supply & Treatment
CPHEEO Manual for Water Supply & Treatment – 1999-MoUD, GoI
2 SP 7 (Part-9 Section-1) 1983 National Building Code of India
3 SP 35:1987 Hand book on water supply & drainage
4 IS 1172 :1993 Code of Basic requirements for water supply, drainage and sanitation
5 IS. 3370 Part I to IV Code of practice for concrete structure for the storage of liquids
6 IS 456-2000 Code of Practice for plain and reinforced concrete
7 IS 1893-2002 part I to V Criteria for earthquake –resistant design of structures
8 IS 13920-1993 Detailing of reinforced concrete structures subjected to seismic forces
9 IS 1992-1969 / IS 6403-1971 Code for exploration to find the safe bearing capacity
10 IS 2309-1969 Code for Lighting arrestors
11 IS 875 part I to III,1987 Code of practice for design loads for building and structures
12 IS 7357 Code of practice for structural design of tanks
13 IS 1786-1985 High strength deformed steel bars and wires for concrete reinforcement
14 IS: 638 Specification for rubber and insertion jointing.
15 IS. 226-1975 Specification for Structural steel
16 IS: 9523 Ductile iron fittings for pressure pipes for water, gas and sewerage
17 IS: 1500 Code for Hardness test for DI pipes
18 IS 3764-1966 Safety code of Excavation works and related Drilling Operations
19 IS 11906:1986 Recommendations for cement mortar lining for cast iron, Mild steel and Ductile Iron pipes and fittings for transportation of water
20 IS 8062 Code of practice for cathodic protection for steel structures
21 IS 12288:1987 Code of practice for laying of ductile iron
22 IS 14846:2000 Sluice valves for water works purposes (50 to 1200 mm size)
23 IS 2906:1990 Sluice valves for water works purposes (350 to 1200 mm size)
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S.No Code or Standard Description
24 IS 2685:1971 Code of practice for selection, installation and maintenance of sluice valves
25 IS 3950:1979 Surface boxes for sluice valves
26 IS 5312 Swing check type reflux( non-return) valves for water works purposes
27 IS 10446:1983 Glossary of terms relating to water supply and sanitation
28 IS 2951-1965 Recommendation for estimation of flow of liquids in closed conduits.
29 Advisory note on improving Urban Water Supply & Sanitation Services
Guidelines for preparation of DPRs for water supply system by MoUD, 2013
30 Is :4733-1972 Indian Standard Code: Methods of Sampling Test Sewage Effluent
31 IS: 6908-1975 Indian Standard Code: Sewage and Drainage
32 IS :7022 (PT 11)-i 979 Indian Standard Code: Glossary of Terms Relating to Water Sewage and Industrial Effluents PT II
33 IS:1538-(PT-XXIV)-1 982 Indian Standard Code: Pressure Pipes for Water. Gas and Sewage
34 IS 5600: 2002 Indian Standard Code: Pumps-sewage and Drainage-Specification
35 IS 5611 :1987 Indian Standard Code: Code of practice for waste stabilization ponds (facultative type) (first revision)
36 IS: 5600-1970 Indian Standard Code: Specification for Sewage and Drainage Building Elements
37 IS : 4764-1973 Indian Standard Code: Tolerance Limits for Sewage Effluents Discharged In to In land Surface Water
38 IS 6279 :1971 Indian Standard Code: Equipment for gnt removal devices
39 IS 6280:1971 Sewage screens
40 IS 7232:1974 Indian Standard Code: Method for lmhoff cone test
41 IS 7784: Part 1 & 2: Sec 1 to 5 Indian Standard Code: Code of practice for design of cross drainage work Part 1 General features
42 IS 4111(Part 1):1986 Code of practice for ancillary structures in sewerage system: Part I Manholes
43 IS 4111(Part 4):1968 Code of practice for ancillary structures in sewerage system: Part 4 Pumping stations and pumping mains (rising mains)
44 IS 12251:1987 Code of practice for drainage of building
45 IS 12288:1987 Code of practice for use and laying of ductile iron
46 SP 35(S&T): 1987 Handbook on water supply and drainage with special emphasis on plumbing.
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S.No Code or Standard Description
47 IS 458 Pre-cast Concrete Pipes (with and without reinforcement).
48 IS 651 Specification for Salt Glazed Stoneware Pipes and Fittings.
49 IS 783 Code of Practice for Laying Concrete Pipes
50 IS 1729 Cast Iron /Ductile Iron Drainage Pipes and Pipe Fittings Socket and Spigot Series for Over-ground Non-pressure Pipe Line.
51 IS 4885 Specifications for Sewer Bricks
52 IS 12592 (Part I & II) Pre-cast Concrete Manhole Covers and Frames – Specifications
53 IS-8112: 2013 Specification for 43 grade ordinary Portland cement
54 IS-383: 1970 Specification for Coarse and Fine Aggregates From Natural Sources For Concrete
55 IS:3597 (1998) Concrete Pipes: Methods of Test
56 IS: 783 Code of Practice for laying of Concrete Pipes
57 IS:376 Safety code for Excavation work
58 IS: 1077 Common Burnt Clay Building Bricks
59 IS:3102 Classification of Burnt Clay Bricks
60 IS: 395 Method of Sampling and Testing Clay Building Bricks
61 IS: 2212 Code of practice for brick work
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(F) STORM WATER DRAINAGE
Standards and Specifications for the Design and Construction of Storm Water Drainage for Shendra-Bidkin Phase 1 Area are given in this section.
2.0 1.0 CATCHMENTS
Shendra-Bidkin Phase-I Area is divided into 22 sub-catchments based on the topography and road layout. The outfalls shall be proposed considering the topography and location of primary channels within the area.
3.0 1.1 STORM FREQUENCY/ RETURN PERIOD
The components of proposed storm water drainage system shall be designed for the following design standards based on the national and international best practices:
Once in 5 year event flows for secondary storm water drainage channels;
Once in 10 year event flows for minor culverts (5-year discharge < 10 m3/s);
Once in 25 year event flows for major culverts (5-year discharge > 10 m3/s); and
Once in 50 year event flows for bridges
4.0 1.2 RAINFALL INTENSITY
Flood Estimation Report, Upper Godavari (Sub-Zone 3e) (FER) of the Central Water Commission was used for design daily rainfall depth data for 25 and 50 year return period events during the preliminary design stage. Intensity-Duration-Frequency (IDF) rainfall data derived during the master plan stage was used for conversion ratios for different return period events lower than 25 years and short duration high intensity rainfall data for the required duration is derived using the Indian Meteorological Department (IMD) formula. However at least 30 years of rainfall data from the Aurangabad rain gauge station will be considered for formulating IDF curves during the detailed design stage.
5.0 1.3 OTHER DESIGN PARAMETERS
The Kirpich equation will be used to calculate the time of concentration for catchments.
Runoff coefficients will be calculated using the Table 3.6 (Horton's) of the CPHEEO manual based on the time of concentration for each of the sub-catchments.
The average intensity of rainfall for each return period (t) event will be calculated from rainfall data for the derived time of concentration of the catchment.
The Rational Method will be used for determination of design flows for small catchments with area less than 25 km. Rational Method requires calculation of rainfall intensity, coefficient of runoff and area of catchment.
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S. No. Design Parameter Value
1 System Gravity System
2 Minimum and Maximum Velocity
As per CPHEEO manual
3 Time of Concentration As per CPHEEO manual
4 Coefficient of Runoff As per CPHEEO manual
5 Manning’s n Value As per CPHEEO manual
Drain Width (m) Free Board (m)
6 Minimum Free Board < 0.3 0.10
0.3 to 0.9 0.15
0.9 to 1.5 0.30
>1.50 Depends on Discharge 6.0 1.4 LIST OF STANDARDS AND SPECIFICATIONS
The design and construction of storm water drainage network and the outfalls shall conform to design requirements and construction specifications set out in the following Indian and International Standards.
IS - 456 Code of practice for Plain & Reinforced concrete;
IRC SP-50-1999 - Guidelines on Urban Drainage
IS - 458 Pre-cast Concrete Pipes (with and without reinforcement);
IS 783 -1985 Width and depth of trench for R.C.C. Pipes;
IS 1726 Specification for Cast Iron Manhole Covers and Frames;
IRC SP-42-1994 - Guidelines on Road Drainage
IS 4985-2000 Unplasticized PVC pipes for potable water supplies - specification;
IS 12235- (Parts 1 to 19)Thermoplastics pipes and fittings - methods of test; and
IS 12592 Pre-cast Concrete Manhole Covers and Frames – Specifications.
Schedule of specifications of Govt. Of Maharashtra and C.P.W.D. specifications (Govt. of India) 2009 with all latest amendments issued from time to time;
CPHEEO Manual for Sewerage and Drainage -2014 - MoUD, GoI
SP 35:1987 - Hand book of Water Supply and Drainage, Bureau of Indian Standards;
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Manual on artificial recharge of ground water by Central groundwater Board Ministry of Water-Resources Government of India;
Rain water harvesting and conservation manual by consultancy services organization CPWD, New Delhi, India;
Code of Practice on Surface Water Drainage by Public Utilities Board, Singapore; and
Managing Urban Runoff Drainage Handbook by Public Utilities Board, Singapore.
7.0 1.5 IDF TABLE AND CURVE DETAILS
Duration (min) 2-year
(mm/hr) 5-year
(mm/hr) 10-year (mm/hr)
25-year (mm/hr)
50-year (mm/hr)
5 96.80 115.80 136.80 168.40 189.40 10 48.40 57.90 68.40 84.20 94.70 15 32.27 38.60 45.60 56.13 63.13 20 24.20 28.95 34.20 42.10 47.35 25 19.36 23.16 27.36 33.68 37.88 30 16.13 19.30 22.80 28.07 31.57 35 13.83 16.54 19.54 24.06 27.06 40 12.10 14.48 17.10 21.05 23.68 45 10.76 12.87 15.20 18.71 21.04 50 9.68 11.58 13.68 16.84 18.94 55 8.80 10.53 12.44 15.31 17.22 60 8.07 9.65 11.40 14.03 15.78 80 6.05 7.24 8.55 10.53 11.84
100 4.84 5.79 6.84 8.42 9.47 120 4.03 4.83 5.70 7.02 7.89
IDF Curves
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(G) 33KV HT PANEL
The switchgear shall be of metal clad with Copper bus bars, self-standing, dust proof construction, indoor cubicle type fitted with Vacuum circuit breakers, fully draw out type. Each cubicle shall have mimic diagram with metal strip. The switchgear will meet the following design criteria:- The main bus bar and the incomer breaker shall be rated for full capacity of transformer with a 20% margin. The main buses and bus connection will be of high conductivity copper, sized for specified current ratings. The Bus bar shall be of three phase encapsulated type. Bus bar modules of adjoining bays shall be coupled with expansion joints to take care of thermal expansion. The continuous current rating of the outgoing breaker shall be rated for the full load current with 20% spare capacity. The Bus bars and all breakers shall be rated for specified fault levels for min. 1 sec. The quantity and rating of feeders shall be as per Single Line Diagram. All Breakers shall be capable of communicating with SCADA. Surge suppressors shall be envisaged for all transformer feeders.
Table 1: Details of Breaker
S.No Description Data
A. General
1 Type Metal clad, draw out
2 Service Indoor
3 Degree of protection within the enclosure
IP42
4 Thickness of sheet for enclosure 2 mm for Cold rolled/2.5mm 2.5mm for hot rolled
5 Voltage 33KV
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S.No Description Data
6 Maximum system voltage 36KV
7 Frequency 50Hz ± 3%
8 Phase 3
9 System ground Earthed
10 Earthing bus 50 x 6 mm Copper (Min.)
11 Bus bar rated current As per requirement
12 Bus bar material Copper
13 Main bus bar maximum temperature
90 deg C
14 Continuous current rating of circuit breaker at 50C
As required
15 Circuit breaker Short time rating 31.5kA for 1 sec
16 Circuit breaker making current capacity
100kA (min)
17 Insulation level As per IEC standards
17.1 Power frequency withstand
voltage As per IEC standards
17.2 Impulse withstand voltage As per IEC standards
18 Control voltage 110V DC
19 Paint RAL 7032
20 Details and type of feeders As per requirement + minimum 20% spare of each type.
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(H) 11KV HT PANEL
The switchgear shall be of metal clad type with Copper bus bar, self-standing, dust proof construction, indoor cubicle type fitted with Vacuum circuit breakers (VCB), fully draw out type. Each cubicle shall have mimic diagram with metal strip. The switchgear will meet the following design criteria:- The main bus bar and the incomer breaker shall be rated for full capacity of transformer with a 20% margin. The main buses and bus connection will be of high conductivity copper, sized for specified current ratings. The Bus bar shall be of three phase encapsulated type. Bus bar modules of adjoining bays shall be coupled with expansion joints to take care of thermal expansion. The continuous current rating of the outgoing breaker shall be rated for the full load current with 20% spare capacity. The Bus bars and all breakers shall be rated for specified fault levels for min. 1 sec. The quantity and rating of feeders shall be as per Single Line Diagram. All Breakers shall be capable of communicating with SCADA. Surge suppressors shall be envisaged for all transformer feeders.
Table 1: Details of Breaker
S. No Description Data
A. General
1 Type Metal clad, draw out
2 Service Indoor
3 Degree of protection within the enclosure
IP42
4 Thickness of sheet for enclosure 2 mm for Cold rolled/2.5mm 2.5mm for hot rolled
5 Voltage 11KV
6 Maximum system voltage 12KV
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S. No Description Data
7 Frequency 50Hz ± 3%
8 Phase 3
9 System ground Earthed
10 Earthing bus 50 x 6 mm Copper (Min.)
11 Bus bar rated current As per requirement
12 Bus bar material Copper
13 Main busbar maximum temperature
90 deg C
14 Continuous current rating of circuit breaker at 50C
As required
15 Circuit breaker Short time rating 40kA for 1 sec
16 Circuit breaker making current capacity
105kA
17 Insulation level As per IEC standards
17.1 Power frequency withstand
voltage As per IEC standards
17.2 Impulse withstand voltage As per IEC standards
18 Control voltage 110V DC
19 Paint RAL 7032
20 Details and type of feeders As per requirement + minimum 20% spare of each type.
Auto Changeover Scheme Auto changeover scheme for incomers & bus couplers will be provided. The description of ABT (Auto Bus Transfer) is as below. During normal condition, both the incomers shall be 'ON" with bus-coupler in the 'OFF' condition. In case of failure of one of source, under-voltage relay will sense dead source situation and will trip the incoming breaker after a pre-set time delay. After a certain time (depends on the time setting done on SCADA for auto changeover), the bus coupler breaker should get closed if another source incomer is ‘Healthy’ and is ‘ON’.
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The automatic transfer scheme shall be such that the automatic closing of the bus section can be done only once and in case the bus coupler breaker trips during auto changeover, no further auto closing shall be permitted. Auto changeover shall not take place if the incomer breaker trips on ‘BUS FAULT’. The restoration of power shall be manual. The automatic transfer circuit shall be controlled through an auto manual changeover switch in the panel and SCADA system.
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(I)TRANSFORMER
All Transformers upto 5MVA, shall be ONAN type however all Transformers above 5MVA shall be ONAF type. The kVA rating and percentage impedance of each transformer will be selected to limit the rated current and short circuit current to values which are within the current rating and interrupting capacity of switchgear available. The capacities of the transformer will be selected as per the following guidelines: Maximum demand of power requirement
Load factor of 0.9
Overall diversity factor as 0.8
Power system Power Factor as 0.95
It will be ensured that when all the loads are in operation and the largest motor is started, the voltage drop at the motor terminals should not be more than 10%. It will be ensured that all transformers shall be designed to provide 99% efficiency at full load. It is desirable to operate all transformers at 50-80% loading therefore these transformers shall be designed with minimum 0.96 power factor and 98% efficiency at half and 80% load.
Table 1: Transformer Data S. No Description Data
A ONAN, ONAF
1 Reference Standard IS-2026/IS-11171/IS-1271/IEC-76
2 No. of transformers Required As per requirement
3 Type Three phase, core type, ONAN/ONAF
4 Class of insulation Class F
5 Service (Indoor/Outdoor) Outdoor type for all transformers
6 Continuous rating As required
7 Voltage Ratio 33/11 & 11/0.433kV
8 Type of Cooling ONAN/ONAF
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S. No Description Data
9 Number of phases 3
10 Rated Frequency (Hz) 50
11 Connection Symbol Dyn11
12 %impedance at principle tapping as applicable
13 Connection HV Winding As per SLD
LV Winding As per SLD
14 System Grounding HV - Side Ungrounded
LV - Side Solidly Grounded
15 Winding Material Electrolytic Grade Copper
16 Direction of power flow Uni-directional
17 Tap Changer
ON Load Tap Changer (OLTC) for all transformers above 5MVA, All transformers below 5MVA capacity shall be with Off Load Tap changer.
18 Tapping Range +5% to -15% in steps of 1.25%
19 Maximum ambient Air Temp 40 °C
20 Temperature Rise over the ambient (Max)
Winding 80 °C
Core & other adjacent part
80 °C
Core & other parts not adjacent of dwg
Within safe limit of core & adjacent
materials
21 Flux density As required
22 Winding Current density As required
23 Over loading capacity As per relevant IS & IEC standards
24 Creepage distance As per transformers rating and relevant IS.
25 Maximum flux density at the rated voltage and frequency
110% for Continuous
26 Time duration to withstand 3 phase short circuit at secondary terminals
3 Secs
27 Power Factor of transformer At full load- 0.98 (min)
At 50% to 80% load- 0.96 (min)
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S. No Description Data
28 Enclosure protection IP 42
29 Painting 2 coats of Epoxy paint and shade 632 as per IS 5.
(J) SCADA SYSTEM
1.0 SCADA system
A dedicated SCADA system shall be provided for each 33/11kV substation (ESS-1 to ESS-5).
SCADA system shall comprise following equipment
a) Data concentrator panel
b) Communication Module
c) Ethernet switches and LIU cards
d) Personal computers
e) GPS unit (for real time monitoring of the relays and meters)
f) UPS
g) Battery and Battery charger
It is preferred that a common control room shall be provided for all five substation. The
location such control room shall be decided based on the site actual plan and easy monitoring
of all substations with least requirement of manpower.
The control room shall be dust and vermin proof and shall be cooled through Air
conditioners. This room shall be suitably designed to accommodate all above mentioned
equipment.
All the power transformers, GIS switchgears, metering equipment and protection relays shall
be compatible to SCADA.
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2.0 Data Concentrator Panel
To maintain the redundancy and to increase the reliability of power network, 100%
redundant Data concentrator panel shall be envisaged for each 33/11kV substation.
Each Data concentrator panel shall have required number of IO cards, Ethernet cards for
connection to substation equipment, meters, protection relays, RMU unit MMI (Man Machine
Interface) and substation PC. The Data concentrator panel shall be floor standing type and
shall have all necessary arrangement to interface with various devices.
The MMI system shall also be capable for accepting the metering input on RS 485 Modbus
protocol.
Data concentrator panel should be powered from the substation battery chargers. The DC
convertor should be the part of the data concentrator.
2.1 Remote IO Panels
All the metering and protection relays at remote locations shall be interfaced with substation
SCADA through Remote IO panels. These panels shall be strategically located near the load
centre RMUs.
Each IO panel shall have sufficient IO cards to accommodate all IO’s coming from RMU’s and
other field devices. RIO panel shall also be housing necessary Ethernet switches and LIU
cards to communicate with substation SCADA.
The substation SCADA system shall have independent Data concentrator panel which shall
have sufficient IO cards to accommodate all the IO’s of substation equipment.
It is envisaged that 25% spare IO cards shall be provided in each IO panel to take care of
future requirement.
Below minimum inputs/outputs shall be taken in SCADA system -
1. Power Transformers- Oil level low, Oil temp high, Winding Temp. High, Buchholz relay,
Ventilation Fan failure, Tap changers voltage settings (from RTCC Panel)
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2. Auxiliary Transformers- Oil & Winding Temp. High
3. HV Breakers- ON, OFF, TRIP, Trip Circuit Healthy, Breaker position i.e. Test, Service and
Maintenance mode etc.
4. Ring Main Units (RMUs) - Breaker ON, OFF & Trip status, all metering parameters.
5. Numerical Relays- All protection parameters and relay status
6. All meters- All metering parameters
Beside above input/outputs, it is envisaged that 25% spare IO cards shall be provided in each
IO panel to take care of future requirement.
2.2 Communication
All protection relays in the substation shall be connected to SCADA system Ethernet switches
through Fibre Optic cables. All protection Numeric Relays shall have fiber optic ports and
shall communicate to Ethernet switch on star topology and shall be connected to star coupler
using fiber optic cables.
Communication from relays to Ethernet switch shall be through single communication port.
Communication from GIS switchboard Ethernet switch to data concentrator panel shall be
simultaneous on redundant ports. RS 485 to FO converters wherever required shall be part of
offered relay/other hardware.
All RMUs shall be made to communicate with substation SCADA system on Fibre Optic
cable. For this purpose remote IO Panel shall be provided near the RMU units and each RIO
panel shall communicate with SCADA system on Fibre Optic network.
The communication protocol shall be selected to transfer all information including time
stamp data from relay to data concentrator/substation MMI. The relay communication shall
be on latest IEC61850 protocol.
The maximum number of relays in one LAN shall be decided so as to achieve maximum scan
time as 600 ms. The above scan time does not include screen refresh rate at MMI.
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To maintain the reliability of Power system and to have better communication between
substations the SCADA system in each substation shall be connected together. To achieve this
purpose, each Data concentrator panel shall be connector together in Fibre Optic network.
In order to have 100% redundancy in the communication system all five substations shall be
connected together in Fibre Optic Ring system. The successful bidder shall incorporate all
necessary requirements to achieve 100% redundancy in the SCADA communication system.
The bidder should submit necessary certification for compliance of IEC61850 protocol. In
case of proprietary protocol, the protocol converter shall be supplied as a part of contract.
Protocol converter, if provided, should not affect the speed of communication.
2.3 Man Machine Interface (MMI)
The system should be interfaced with communicable protection & metering devices and other
equipments in the substation in such a way that operator can easily access the essential
information regarding the network and control the same so as to ensure availability of electric
network at its maximum efficiency giving highest utilization of the installed primary
equipments. MMI Software configuration to be carried out to display the following data at
the MMI and shall primarily but not limited to, provide the following functions:-
Dynamic Single line diagram with bus bar colouring & with status of all process
objects like breaker, isolators etc.
Alarm and Events with time stamping.
Online measurements and scaling of measurement.
Relay parameterisation.
Disturbance record uploads.
Object control.
Classification and display of events in alarm class e.g. persisting and fleeting alarms.
Time synchronization.
Each uploaded event/alarm list should contain:
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The event data and time.
The name of the event object with a descriptive text.
The name of the feeder from which the event has generated.
The state of value of the object.
Possibility of filtering alarms according to feeder criteria. The information fields above
shall be structured in columns for maximum readability.
2.4 System Diagnostic
The system should have communication diagnostic feature of each substation level
component. Proper communication of devices should be identified by communication status.
Device, which does not communicate properly, should be clearly highlighted on operator’s
screen.
2.5 User Authorization
The system to be configured to object authorization so that each user defined in the system
can be given access-rights for various features e.g.
System managing.
Engineering.
Normal operation (Open/Close of Breakers).
View only.
2.6 Digital Communicable Meter
All Digital communicable meter shall be with RS 485/FO port suitable for SCADA as well as
local metering. All meters shall be connected to substation SCADA on fibre optic cable
network. The successful bidder shall provide necessary devices to connect all meters to
substation SCADA on fibre optic network.
2.7 Engineering
For ease of engineering, the engineering tool designed for the SCADA system should be
based on latest international guideline protocol IEC61850 modelling.
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2.8 Time Synchronization
For the real time monitoring of Power system equipment, Time clock synchronization feature
shall be provided. The real time clocks of all numerical relay shall be sychronised with data
concentrator/HMI time clock. GPS unit shall provide in each substation and shall be
synchronised with other substation GPS by using GPS receiver at substation.
The resolution of time synchronization shall be + 1 millisecond or better throughout the entire
system.
(K) RING MAIN UNITs (RMUs)
Standards and Specifications for the Design and Construction of 33kV and 11kV Ring Main Units
for Shendra Phase 1 Area are discussed in following sections.
8.0 1.0 Design
The Ring Main Units (RMUs) shall be designed, manufactured and tested according to latest
version of IEC62271-200 ed1.0 (2003-11), IEC62271-1ed1.0 (2007-10), IEC60129, IEC60529,
IEC60265, IEC60420, IEC60185, IEC60186 & IEC60255.
The RMUs shall be outdoor type (IP65 type min.) with modular design having panel type
features and with front side cable access. RMU must be made out of robotically welded stainless
steel. The RMU shall be SF6 gas insulated/Shielded Solid Insulation (Any live MV part of the
system shall be solid insulated in epoxy or EPDM materials, but shielded also) type and gas filled
compartment should have sealed pressure system and it should be sealed for life. Fixed type SF-6
gas insulated enclosed circuit breakers shall be used in RMU. It should be maintenance free.
The RMU shall have self-powered microprocessor based relay for operation of the circuit breaker.
RMUs should have fully rated integral earthing switch on each device. RMU unit shall be fully
SCADA compatible. Line switches (load break switches) as well as T-off Circuit breaker can be
operated by remote from Central control room. The RMUs will be non-extensible type. The unit
must be provided with HMI, which will provide facility to electrically switch on and switch the
unit as well as local/ remote facility.
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Enclosure with IP2X standard protection shall be used for RMUs. The load break switches shall
be motor operated. They will be fitted with the line CTs and fault passage indicator (FPI).
Each RMU shall be provided with one number of (FPI) with LCD on the isolator to indicate the
overcurrent in the system and this FPI shall be with self-healing feeder RTU for motorized RMU.
FPI shall facilitate quick detection of faulty section of line. The fault indication may be based on
monitoring fault current flow through the device. The unit should be self-contained requiring no
auxiliary power supply. The FPI shall be integral part of RMU.
9.0 2.0 Earthing
The earthing system for 33/11kV substations and Ring Main Units (RMUs) shall be designed as
per the requirement of relevant latest editions of IEC, IEEE, Indian Standards and Indian
Electricity Rules.
It is proposed that earthing grid shall be provided in each 33/11kV substation. The earthing grid
shall be designed in accordance wih IEEE80 codes.
General requirements-
• Earthing mat (grid) in substation shall be prepared by minimum 50 x 10mm Copper Strip.
• Earth pit shall be plate type each with minimum 3mtrs. 85mm Dia GI Pipe, alternate layers of
salt and charcoal, LORES (ground enhancing material) and watering funnel.
• Each equipment in the substation shall be earthed by appropriate size (as per IEEE80
guidelines) copper strip.
• In any case the size of earthing strip shall not be less than the minimum size required to carry
the fault current.
• Main earthing conductors shall be laid at the depth not less than 1000mm below the ground.
• All the equipments, structure etc shall be earthed by running main and duplicate earthing
conductor from the equipment base along structure to the main mat.
• Whenever earthing conductors are crossing cable trenches, underground services ducts,
pipes, tunnels, railway tracks etc. it shall run 250mm below them and shall be rerouted in case
it fouls with foundation.
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• Tap connections (risers) from the earthing grid to the equipment/structure to be earthed shall
be terminated to the earthing terminals of RMU, HT Panels, equipment/structure., if the
equipment is available at the time of erection of the earthing grid. Otherwise “Earth inser”
shall be provided near the equipment foundation/pedestal for future connection to the
earthing terminals.
• Dedicated earthing pits shall be envisaged for each Transformer body and Neutral earthing.
• All the earthing pits shall be bonded together and connected with substation earthing grid.
• Cable trays and supports shall be connected to the earth mat at every 30m interval.
Whenever it passes through walls, floors etc., galvanized iron sleeves shall be provided for
the passage of the conductor. Both end of the sleeve shall be sealed to prevent entrance of
water.
• Earthing conductor where ever crossing the road shall be buried at least 1000mm below the
ground level.
• Separate dedicated earth pits shall be provided for RMU earthing.
• Metallic sheaths and Armour of all multi core power cables shall be earthed at both
equipment and switch gear end. Sheath and armour of single core cables shall be earthed.
• The body of all RMU units and HT Panels shall be connected to atleast two distinct earth pits.
For this two different rod earthing pits shall be envisaged near the RMU units. The depth of
the hot dip GI earthing rod shall be atleast 3000mm and diameter shall not be less than 85mm.
The body of each RMU shall be connected to these earthing pits with two separate earthing
strips of same size. The size of earthing strip shall be determined based on the fault current
and switchgear disconnection time.
10.0 3.0 Testing
All RMUs and HT Panels shall be tested in accordance with latest editions of the IEC62271-200
ed1.0 (2003-11), IEC62271-1ed1.0 (2007-10), IEC60129, IEC60529, IEC60265, IEC60420, IEC60185,
IEC60186 & IEC60255.
The contractor shall submit the inspection plan and Quality Assurance Plan for the consultant
and employers approval.
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The contractor shall submit all necessary relevant type and routine test certificates for consultant
and employer’s review and approval.
11.0 4.0 List of Standards and Codes
STANDARDS ADOPTED FOR ELECTRICAL DESIGN
Current Editions of Design Codes:
All permanent works shall be designed to the latest Indian Electricity Rules, Indian Grid Codes, CEA (Central Electricity Authority) Rules, CBIP norms, State Electricity codes (MAHA Transco and MAHDISCOM), MSEDC guidelines, Indian/ International codes of practice, design standards, regulations and/or guidelines appropriate to the element of the works considered.
Particular reference is made to the following list of the main codes of practice to be used in the design:
Code of Practice for Design of 11 & 33kV HT Switchgear and Ring Main Units
IS-13118 & IS-3427
Code of Practice for Design of Earthing system IS-3043, IEEE80, IEC60364
Code of Practice for Design of Lightning protection system IS-2309
During the course of the design wherever Indian codes are deemed to be outdated or are no longer in-line with current international best practice, internationally recognized standards shall be adopted.
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(L) CABLES
12.0 1.0 Design criteria
Size and type of cables for specific applications shall be selected giving due consideration to
following:
• Thermal heating effect/permissible current carrying capacity.
• Voltage drop
• Short time current/overload requirement
• Protection system grading and short circuit current carrying capacity.
• Ambient conditions
• Cable grouping factors
The cross sectional area for HV power cables shall be minimum 95 Sqmm.
13.0 1.1 Type of Cable
HV Cables
The power cables for 33kV & 11kV distribution network shall be XLPE, Aluminium Armored 3
core grounded type.
All cables shall be heavy-duty type with compact circular stranded Aluminium conductor. Each
conductor shall be with extruded shielding of semi conducting material, XLPE insulation and
with insulation shielding over individual cores.
Insulation shall be applied through extrusion process and chemically cross-linked in continuous
vulcanization process to comply with the requirements of the relevant standards. The core
insulation shall be with XLPE compound applied over the conductor by extrusion and shall
conform to the requirements of type ‘A’ compound per IS 583.
The individual cores shall be stranded together with a holding tape provided with a common
covering of extruded inner FRLS sheath of type ST2 compound, galvanized round steel wire
armoured and FRLS PVC outer sheath of type ST2 compound as per IS : 7098 (Pt-II)-latest
version.
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To protect the cables against rodent and termite attack, suitable chemicals shall be added into the
PVC compound of the outer sheath.
The manufacturing of cables will be of dry curing type.
Lighting System Power Cable
Lighting power cables used for street lighting poles shall be 1100V, XLPE insulation, 3 Core,
Copper conductor, steel wire armored type.
The minimum size for lighting cable shall be 2.5sqmm. Three individual cores of the such cables
shall be colour coded to distinguish them physically. The red colour insulated conductor shall be
for ‘Phase’, black for ‘Neutral’ and ‘Green’ colour insulated conductor for earth.
For High Mast feeder pillar panel power supply 4 Core, 1100V, XLPE, Copper cable shall be used.
Cable Termination & Joints
Heat shrinkable type of cable termination and joints will be used for HV cables in indoor and
outdoor applications.
The type of cable terminations and joints shall be selected based on the type and current rating of
HV cables.
Cable Laying
Contractor shall transport the cable to the installation location, laying, fixing and termination of
cables to the required satisfaction of purchaser/consultant.
• The contractor shall mark it out on the drawings and also on the site and obtain the approval
of the engineer/consulting engineer before laying the cable.
• Sharp bends shall be avoided; the minimum radius shall not be less than 15 D. Wherever
possible 25% larger radius than specified above shall be used.
• The cable shall be clamped at every 600mm at the places where it is laid on a cable tray.
• Cables shall be laid on cable trays in RCC trench.
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• Whenever cable passes through any floor or wall suitable cut outs shall be made. The
openings shall be sealed using suitable fire resisting material to prevent fire spreading and
also to prevent entry of water.
• Standard cable installation tools shall be utilized for cable pulling. Maximum pull tension
shall not exceed the manufacturer’s recommended value. Cable grips, reels or pulleys used
shall be properly lubricated. The lubricant shall not injury the overall covering and shall not
set up undesirable conditions of electrostatic stress.
• Where groups of HV LV cables are to be laid along the same route, suitable barriers to
(physically) segregate them shall be provided and separated in accordance with relevant IS
code.
• Where cable crosses cross roads, water, oil, gas or sewerage pipes, the cables shall be laid in
hume pipes/HDPE ducts. The size of the Hume pipe/HDPE pipe shall be at least 2.5times the
outer diameter (OD) of the cables.
• For road crossing, the pipe of the cable shall be buried at not less than one meter depth.
Cables laid below rail track should be at a depth not less than 1500mm, unless otherwise
approved by the engineer. These cables shall be laid in MS pipe of 300mm dia. Cable shall be
protected at all times from mechanical injury and from absorption of moisture.
• Some extra length shall be kept in each cable run at a suitable point to enable one or two
straight through joints to be made at a later date if any fault occurs.
• Cables shall be laid in proper sequence so as to avoid unnecessary crossing of other cables
upon entering or leaving a run of tray. Cable splices shall not be permitted.
• Metal sheath and the Armour of the cable shall be bonded with the earthing system of the
station.
• Route markers indicating the route of HV and LV cables to be given at every 30 meters for
identification of cable from route, laid in trench.
• Identification markings on draw pits to be made for HV/LV indications and pit no. to be
identified with the help of fluorescent road marking paint.
• Anodized aluminium tag indicating cable number, cable size, feeder from-to, other details etc
at entry & exit of each draw pits to be installed inside the draw pits.
• End of cables should be sealed by means of non-hygroscopic sealing material after laying till
such time before the end termination.
14.0 1.2 Cable Trench
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The cable trenches shall be designed to carry appropriate number of power cables of different
voltages and to take care of safe bending of cables. It is envisaged to have completely closed type
cable trenches with manholes at every 30mtrs.
A provision of space of appropriate (width) and depth for various sizes of cables and number of
circuits laid in cable trench has been made along the cable route as indicated in the Typical Cross
Section drawing of road indicating utility corridor. However, in no case the width and depth of
these cable trenches shall not be more than 2mtrs.
The cable trench shall be provided at both sides of the roads. All type-A and type-B roads shall be
provided with 2mtrs width cable trench however, all other roads shall be provided with 1.5mtrs
width cable trench at both sides.
Note- It is proposed that a dedicated cable route shall be indentified for existing HV lines. The successful
bidder shall provide a dedicated cable trench for buried type underground cables.
All EHV, HV, signal and control cables inside the cable trench shall be installed on the dedicated
cable trays. However, LV cables may be routed along the surface of the trench wall. All cables
shall be suitable supported and spaced by using cable-supporting ties. Aluminium type engraved
tags shall be envisaged at every 30mtrs distance for the nomenclature and identification of each
type of cables.
15.0 1.3 Termination Arrangement
Cable termination will be made with aluminium/ tinned copper crimped type solder less lugs of
approved make for all aluminium conductor and stud type terminals.
16.0 1.4 Cable Identification
Cable tags will be of 2 mm thick, 20 mm wide aluminium strap of suitable length to contain cable
number as per cable schedule.
17.0 1.5 Ferrules
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Ferrules will be approved interlocked type & size to suit core size mentioned and will be
employed to designate the various cores of control cable by the terminal numbers to which the
cores are connected, for ease in identification and maintenance.
18.0 1.6 Cable Glands Cable glands to be supplied will be nickel plated brass double compression type. Glands for
classified hazardous areas will be of CMRS certified and approved by CCE.
19.0 1.7 Cable Clamps All cables will be clamped with metal clamps and single core cables will be clamped with trefoil
clamps made of Aluminium.
20.0 1.8 Cable Trays
Cable trays will be prefabricated hot dip galvanized sheet steel trays either ladder or perforated
depending upon application. Upto 300mm size perforated cable trays shall be used. However,
above 300m ladder type cable trays shall be used.
Runner size will be 150x150x6mm and rung size will be 35x5mm at every 250 mm. At one meter
interval two rungs will be provided side by side to facilitate clamping. Galvanizing content will
be 86 microns.
Cable trays supports shall be designed based on the actual cable loading and 25% spare capacity
envisaged on each tray for future growth.
All cable trays exposed to the atmosphere shall be provided with suitable covers.
21.0 1.9 Standards & Codes All HV and LV Cables shall be designed, supplied, installed, tested and certified as per latest
editions of IS-7098 (all parts), ES 2.06.001, ES 2.14.0070.
The contractor shall prepare and submit suitable method statements (atleast 28days prior to
notification of site testing) indicating the methodology of the entire inspection, testing and design
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procedure. Operations shall not be commenced until method statements have been formally
reviewed and accepted.
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(M) ILLUMINATION SYSTEM
22.0 1.0 Design
Illumination system shall be designed as per the design parameters defined in CEI129, Indian
standards and state electricity rules. The required LUX levels as per areas are defined in the table
1.0 below.
23.0 Road and Open Area Lighting
It is proposed that roads and street shall be illuminated by using Lighting Poles/High Masts.
Each Lighting pole shall be supplied with LED based luminaries and junction boxes (for looping
with other poles). However, other open areas like parks shall be illuminated by fancy bollards
with LED luminaires.
The type, location and spacing between two lighting poles shall be decided based on the LUX
requirements and is discussed in following sections of this documents.
Contractor shall submit the lighting layout and lighting study report along with lighting
calculations for the client’s approval.
24.0 Design Requirement for Road Lighting
a. Visibility of road and its surrounding.
b. Visual guidance of the shape of road. Motorist should be able to clearly identify bends and curves in roads.
c. Identification of obstacle.
d. The visual comfort of the driver. The visual field comprises carriageway, surrounds to the road including road sign, the sky and bright luminaire.
e. Light should appear continuous and uniform.
25.0 Illumination levels
Taking into account consideration of principles of vision, criteria of quality and characteristics of
sources and luminaries, Table-1.0 given below gives for the desirable level of illumination which
are recommended as per IUT(Institute of Urban Transport) & uniformity from IS:1944.
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Table 1.0: Illumination Level
S. No. Particulars Required Illumination
Level Min. Uniformity
Ratio
1. Main Roads 50 lux 0.4
2. Pedestrian Crossing 50 lux 0.4
3. Residential street lighting 1-10 lux 0.4
4. Cycle Track 20 lux 0.4
5. Substation rooms 200lux 0.4
6. Substation Transformer yard
20lux 0.4
26.0 27.0 28.0 Power Supply for Lighting System
Power distribution scheme for lighting shall be designed in coordination with the service area.
The street lighting system shall be fed from their respective lighting distribution board.
For street lighting poles, the power supply shall be received from nearby substation. For this
purpose, a dedicated main lighting distribution board shall be provided in the substation, which
shall further feed the power supply to lighting small distribution board or high mast Feeder
Pillar.
Each small distribution board shall be capable of feeding power to maximum 1000W or 10No.of
light fixtures, whichever is lesser.
The location of small distribution boards for street lighting shall be strategically decided as per
site actual conditions. To avoid the tempering, all the small distribution board shall be located
away from public areas.
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While deciding the location of small distribution board, the Voltage drop shall be kept in
consideration. The voltage drop in lighting system should be less than 5% as per National
Electrical Code.
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29.0 2.0 Lighting Small Distribution Board (DB’s)
Each indoor Distribution board shall be with minimum IP-42 protection, dead front, front
operated and shall be designed as per IEC-61439. The outdoor lighting distribution boards shall
be with minimum IP65 protection. The number of ways of lighting DB’s shall be decided based
on the number of the circuit and the spare MCB’s for future use.
The type of lighting distribution board in Shendra-I area shall be provided as per the location of
lighting poles and High Mast. Broadly, following two types of distribution shall be provided:
1) Lighting Distribution Board (Type-1) for street lighting poles: In this type of distribution
board 40Amp ELCB for incomer is considered. 18no.of outgoings (6no.on R-Phase, 6no.on Y-
Phase, 6no.on B- Phase) of 16 Amps SP shall be controlled by 32 Amp (3No.) DP MCBs.
2) Lighting Distribution Board (Type-2) for High Mast: In this type of distribution board
63Amps ELCB for incomer is considered. 24no.of outgoing of 16 Amps SP MCB (8no.on R-
Phase, 8no.on Y-Phase, 8no.on B- Phase), 3 Nos. 40 Amp DP MCB and 3 Nos. of 32Amps TPN
MCBs.
30.0 3.0 Lighting Management System
The lighting will be designed to illuminate the entire areas with the minimum necessary
luminaires in an efficient manner, through directing the light to the areas to be illuminated
through minimizing the tilt angle and appropriate aiming of the luminaries thereby minimizing
the wasteful use of light, reducing required power and ensuring that the surrounding
environment is not subject to obtrusive lighting of the site.
Therefore, lighting system shall be controlled remotely from the control center been built in
AURIC HALL for the luminaires mounted on the lighting poles. The lighting area is grouped in
50 areas and each area would be remotely controlled. The software and hardare to be provided
by contractor to perform the above functions.
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Each feeder in main lighting distribution board shall be envisaged with Day/Night timer (24
hrs), Power contactor, Auto/Manual selector switch, Energy meter etc. All energy meters shall be
communicable to substation SCADA system.
A manual on/off override switch shall be provided at lighting distribution boards (LDBs) to
provide manual control of lighting luminaires.
Time clock and photo-cell control shall be provided to give automatic switch ‘on’ during
darkness and/or low levels of light and ‘off’ when lighting lux levels are achieved.
The successful contractor shall submit lighting design, layout & calculations (generated by
reputed software like DIALUX) based on the lighting design standards and LUX levels
mentioned in the table 1.0 here in this section for client’s approval.
31.0 4.0 Standards and Codes
The illumination system shall be designed, installed and tested in accordance with the latest
editions of the standards - IS-2149, IS-3646, CIE129.
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N. DESIGN LIFE
Design Life
S.No. Items Design
Period in years
Code Reference Note
A Road layers
1 Bituminous layers 10 IRC 37: 2012
2 Base, Sub-base and Embankments
20 IRC 37: 2012
B Drainage Structures
1 Cross Drainage works - HP drains
100 IRC 84: 2014 Clause no.7.2(iii) of page no 60
2 Cross Drainage works - Box drains
100 IRC 84: 2014 Clause no.7.2(iii) of page no 60
3 Concrete Side Drains 100 IRC 84: 2014 Clause no.7.2(iii) of page no 60
C Misc Items
1 High mast - GS 25 CPWD Manual
2 Light poles - GS 25 CPWD Manual
3 Underground cabling 20 CPWD Manual
D Pumping and Pipes
1 Electric motors - single phase 15 CPHEEO Manual
2 Electric motors - Three phase
15 CPHEEO Manual
3 Electric Pump 15 CPHEEO Manual
4 Diesel Pump 10 CPWD Manual
5 Diesel Generator 12 CPWD Manual
6 Sewage Pump 15 CPHEEO Manual
E Substation
1 Transformers 25 CPWD Manual
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Design Life
S.No. Items Design
Period in years
Code Reference Note
2 Switchgear LT/HT 20 CPWD Manual
3 Voltage Stabilizer 10 CPWD Manual
F Civil Structures
1 Storage by dams 50 CPHEEO Manual
2 Pumping station - Pump house
30 CPHEEO Manual
3 Sewage Treatment Plant
a) Civil Structures 30 CPHEEO Manual
b) Electrical & Mechanical Components
15 CPHEEO Manual
4 Water treatment units 15 CPHEEO Manual
5 Pipes and distribution systems
30 CPHEEO Manual
6 Reservoirs - Overhead and ground level
15 CPHEEO Manual
From functional & cost effective point of view 15 years of design life is considered, otherwise RCC structures have a design life of more than 30 years
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ADDITIONAL SPECIFICATIONS
PART A - Standard Specifications
The Specifications and Standard as specified in Part A of this Schedule D comprise "Specifications for Road and Bridge Works (Fifth Revision, April 2013)”, issued by the Ministry of Road Transport & Highways (MoRT&H), Government of India and published by the Indian Roads Congress at Sl. No. 1.1 iii apart from the other Specifications and Standard. (Specification related to exposure condition shall be adopted Very Severe).
PART B - Special Provisions
Preamble
The Special Provisions are an amplification of the Standard and Specifications specified at Sl. No. 1.1 iii and contain provisions in respect of items of work not covered by or at variance with the Standard Specifications.
The Special Provisions contained herein shall be read in conjunction with the other Bidding Documents. These Provisions cover the items of civil and non-civil works coming under scope of this document. All work shall be carried out in conformity with the same. The works shall be executed in accordance with industry good practices followed for achieving high standards of workmanship, thus ensuring safety and durability of the construction. All codes and standards referred to in these specifications shall be the latest thereof, unless otherwise stated.
Where there is any ambiguity or discrepancy between the Special Provisions and the Standard Specifications, the requirements of Special Provisions shall prevail.
Clause numbers herein correspond with the numbers, if any, in the Standard Specifications. The numbering of new clauses is continuous with related clauses in the Standard Specifications.
The attention of the contractor is drawn to those clauses of codes which require supporting specification either by the Employer’s Engineer or by 'Mutual agreement between the Contractor and the Employer’s Engineer. In such cases, it is the responsibility of the Contractor to seek clarification on any uncertainty and obtain prior approval of the Employer’s Engineer before taking up the supply/construction. In the absence of such prior clarification, the Employer’s Engineer choice/design will be final and binding on the contractor without entitling the contractor for any additional payment.
Defective Works
All defective works are liable to be demolished, rebuilt and defective materials replaced by the contractor at his own cost. In the event of such works being accepted by carrying out repairs etc., as specified by the Employer’s Engineer, the cost of repairs will be borne by the contractor.
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Additional Specifications
The additional specifications shall comprise of specifications for particular items of work not covered in Part – A at Sl. No. 1.1 iii.
The following Appendices describing additional specifications have been added to the Part – A, Standard Specifications:
CLAUSE A-1 Utility ducts CLAUSE A-2 Curing using liquid membrane forming compound
In the absence of any definite provisions on any particular issue in the aforesaid Specifications, reference may be made to the latest codes and specifications of IRC, BIS, ASTM, AASHTO and BS in that order. Where even these are silent, the construction and completion of the works shall conform to sound engineering practice as approved by the Employer’s Engineer.
1.0 SECTION 100: GENERAL
1.1 Clause 105: Scope of Work - Shall be read as Under this Agreement, the scope of the Work (the “Scope of the Project”) shall mean and include:
a. Construction of the Project Road & utility on the Site set forth in Schedule-A and as
specified in Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D.
b. Maintenance of the Project Highway in accordance with the provisions of this
Agreement and in conformity with the requirements set forth in Schedule-E; and c. Performance and fulfilment of all other obligations of the Contractor in accordance
with the provisions of this Agreement and matters incidental thereto or necessary for the performance of any or all of the obligations of the Contractor under this Agreement.
1.2 Clause 107: Contract Drawings
Sub clause 107.1: Shall be read as
Design and Drawings shall be developed in conformity with the Specifications and Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation in design standards due to restricted Right of Way in any section, the alternative design criteria for such section shall be provided for review of the Employer’s Engineer.
1.3 Clause 108: Site Information
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Sub-Clause 108.4: Clause added and shall be read as follows:
The Contractor shall identify quarries; borrow areas and other sources of materials required for the work. Contractor shall satisfy himself that the required materials are available in adequate quantities and complying with the requirements of specifications. No claims shall be entertained on account of non-availability of materials and increase in leads etc.
It is the sole responsibility of the Contractor to arrange the quarries, borrow areas etc., on license / lease basis or otherwise, and study in detail before tendering, the scope of taking the quarry on lease. Advance information must be collected by the contractor regarding the procedure laid down and the consequent delay in arranging the quarries on lease and must make alternative arrangement to procure the quarry products from lease holders. No separate payment will be made for arranging such quarries, borrow areas, etc.”
1.4 Clause 109: Setting Out
Sub-Clause 109.7: Delete the 2nd paragraph last sentences
1.5 Clause 110: Encumbrances in Construction Area, Including Trees and Utilities
Sub-Clause 110.7
Delete the Sub-clause 110.7 and shall be read as following: The contractor may be required to carry out the removal or shifting of certain services/utilities on specific orders from the Employer’s Engineer. However for coordinating the work of cutting of trees and removal of encroachments etc. No separate payment to the contractor will be made and these will be incidental to the work.
1 1.6 Clause 113: General Rules for the Measurement of Works for Payment
Clause 113: shall be read as follows:
All payments and measurements shall be as per schedule H.
1.7 Clause 114: scope of rates for different items of work
Clause 114: shall be read as follows:2 All payments and measurements shall be as per schedule H.
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2.0 SECTION 400: SUB BASES, BASES (NON BITUMINOUS) AND SHOULDERS
2.1 Clause 401: Granular Sub Base
Sub-Clause 401.2: Materials
Sub-clause 401.2.1: Para 1 of this clause shall be read as under:
"The material shall be free from organic or other deleterious constituents and conform to the Grading 1 given in Table 400- 1 with the percentage passing 0.075mm size restricted to 5%. The portion of the total aggregate passing 4.75 mm sieve shall have a sand equivalent value of not less than 50 when tested in accordance with the requirement of IS: 2720 (Part – 37).”
Sub-Clause 401.2.2: Physical Requirements
Add at the end of this clause as under:
“The Contractor shall, at least 21 working days before the commencement of the construction of the sub-base course, submit to the Employer’s Engineer, the sub-base material test results for approval of the laboratory testing on the physical properties defined above. The construction of the sub-base course shall be taken up only upon the Employer’s Engineer approval of the material.”
3.0 SECTION 500: BASE AND SURFACE COURSES (BITUMINOUS)
Sub-Clause 501.2: Materials
Sub-Clause 501.2.1: Binder
Replace the selection criteria for viscosity grade bitumen by adopted Viscosity- Graded shall be VG-30 as per IS: 73 – 2013 or latest revision.
Replace the selection criteria for viscosity grade bitumen by adopted Viscosity- Graded shall be VG-30 as per IS: 73 – 2013 or latest revision.
3.1 Clause 505: Dense Graded Bituminous Macadam
Sub-Clause 505.2.1: Bitumen
Delete words “indicated in Table 500-10” and insert “grade of VG-30” in 3rd and 4th line.
Sub-Clause 505.2.5: Aggregates grading and binder content
Add following between first and second sentence:
“Grading-I shall be used for compacted thickness of a layer of 75 mm and above while Grading-2 shall be used for compacted thickness of a layer of less than 75 mm thickness.
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The Contractor shall give job mix formula for the mix design indicating mix properties. The laying of mix shall be done after approval of the Employer’s Engineer.”
In Table: 500-10, the following may be substituted:
Table : Road Grading
Grading 1 2
Layer Thickness 75mm to 100mm 50-75mm
Bitumen grade VG-30 VG-30
Bitumen content % by mass of total mix Min.4% Min.4.5%
Sub Clause 505.3: Mixture Design
Sub-Clause 505.3.1: Requirement for the Mixture
Add the following requirements to the list of Table 500-11:
Water sensitivity (ASTM D1075): Retained stability (Ratio of Marshal Stability for 24 h Immersion and 30min Immersion in water at 60 degree centigrade temperature) = not less than 75 %.
Stability to flow ratio = 205 to 10 Filler- Bitumen ratio = 0.6 to 1.2
Sub-Clause 505.3.3: Insert the following paragraph between the existing paragraphs 3 & 4:
Mixed design shall be carried out in accordance with the modified Marshal method described in Asphalt Institute Manual MS-2.”
Add the following at the end of clause:
The job-mix grading shall be within the limit stated in sub clause 507.2.5 and the bitumen content shall be determined by carrying out a series of Marshall Stability tests as per AASHTO: T 245 and durability test as per ASTM D 1075 and satisfying the following criteria:
• No. of blows each end 112 • Minimum stability (kN at 60ÛC) 18.0 • Minimum flow (mm) 3.0 • Marshall quotient (kN/mm) 6.0 min • Air voids in total mix (%) 3-5 • Voids in mineral aggregate filled with bitumen (%) 65-75 • Loss of Marshall Stability by submerging 25 percent max • Specimens in water at 60ÛC for 24 hrs as compared to stability measured after
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• Submersion in water at 60ÛC for 30-40 minutes • Air voids at refusal density (300 blows at each end of Marshall Specimen at Optimum
Binder Content) 3% min.
3.2 Clause 510: Open-Graded Premix Surfacing
Sub-Clause 510.1.2.1: Delete the words “suitable grade as specified in contract or as directed by the Engineer” and insert “Viscosity Grade VG-30”
4.0 SECTION 800: TRAFFIC SIGNS, MARKINGS & OTHER ROAD APPURTENANCES
4.1 Clause 802: Overhead Signs
Sub-Clause 802.1: General Add at the end of the Clause:
“The locations of cantilever overhead and overhead signs (Gantry type) shall be decided by the Employer’s Engineer.”
Sub-Clause 802.4: Materials for Overhead Sign and Support Structures
Sub-Clause 802.4.2: The last line of this clause “they shall.… IS Specifications” shall read as
“They shall be thoroughly descaled, cleaned, primed along with all other components of signs, except reflective portion. They shall be painted with two coats of epoxy paint. The sign back side shall be painted with grey color and post shall be painted in black & white alternate bands. The post below ground shall be painted with three coats of red lead paint.”
Sub- Clause 802.4.3: Replace “1.5mm” with 2.0mm” in the fifth line.
4.2 Clause 803: Road Markings
Sub-Clause 803.2: Materials
This clause shall read as under: “Road markings shall be hot applied thermoplastic compound and the materials shall meet the requirements as specified in Clause 803.4. The thermoplastic material shall be factory mixed, from a manufacturer approved by the Employer’s Engineer, and shall be of a tropical grade suitable for application, by the means proposed, to the specified road surfaces.
The road markings shall be laid in one layer with appropriate road marking machine approved by the Employer’s Engineer. Before the road-marking machine is used on the
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permanent works, the satisfactory working of the machine shall be demonstrated on a suitable site, which is not part of the permanent works. The rate of application shall be checked and adjusted as necessary before application on a large scale is commenced, and thereafter daily."
Sub-Clause 803.3: Ordinary Road Marking Paint This Clause shall be deleted.
Sub-Clause 803.6: Application Sub-Clause 803.6.4: Substitute 250gm by 350gms in the last line of this sub-clause
4.3 Clause 805: Distance Indicator Post
Sub-Clause 805.3: The first sentence of this clause shall be read as under:
“The hectometer/kilometer stones shall be made of concrete of grade as shown in the drawing.”
4.4 Clause 806 Road Delineators
Sub-Clause 806.2: This clause shall be substituted as follows: The delineators shall conform to Recommended Practice for road Delineators, IRC: 79.
a) Roadway Indicators shall be 1000mm high made with 100 mm dia. NB medium
weight MS pipe. One reflector of high intensity grade retro reflective sheeting with encapsulated lens shall be provided on top of the reflector. The white & red reflector shall be provided alternatively of 40mm width, so that total width of reflector shall be 120mm. A wire mesh cover of 150mm height shall be provided on top or as shown in the drawings.
b) Rectangular hazard marker 600mm x 300mm made out of 2mm thick
aluminium sheet, face to be fully covered by high intensity grade white retro reflective sheeting of encapsulated lens type. The background/ border/ symbols shall be made by screen-printing of desired colour as per sign details. The sign plate shall be fixed with 6mm dia. aluminium rivets on MS angle iron frame. The angle iron frame shall be made with angle of size 40mm x 40mm x 5mm. The sign shall be fixed to 80mm dia. (NB-MW) MS pipe or as shown in the drawings.
c) Triangular Object Marker shall be 300mm side with four red reflectors, made out of
2mm thick aluminium sheet, face to be fully covered by high intensity grade white retro reflective sheeting of encapsulated lens type as per clause 801. The
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background/ border/ symbols shall be made by screen-printing of desired colour as per sign details. The sign plate shall be fixed with 6mm dia. aluminium rivets on MS angle iron frame. The angle iron frame shall be made with angle of size 40mmx40mmx5mm. The sign shall be fixed with nut-bolts & welding on MS pipe 50mm dia. (NB-MW) and 500mm high or as shown in the drawings. All components of signs & supports shall be thoroughly descaled, cleaned, primed and painted with two coats of epoxy paint. The sign backside shall be with grey colour and post shall be white colour/ alternate white & black bands. The post below ground shall be painted with three coats of red lead.
5.0 SECTION 1600: STEEL REINFORCEMENT (UN-TENSIONED)
5.1 Clause 1602: General
Paragraph 2 of Clause 1602 shall read as follows:
“Reinforcements shall be Thermo Mechanically Treated (TMT) deformed bars of grade Fe 500 conforming to IS: 1786. All reinforcement will be CRSS rebar
6.0 SECTION 2100: Open Foundations
Sub-Clause 2104.3: ii) Substitute M10 by M15 of this sub-clause
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ADDITIONAL SPECIFICATIONS
1.0 CLAUSE A-1: UTILITY DUCTS
1.1 Scope
The work shall consist of laying and jointing of R.C.C. Utility Ducts in accordance with the requirements of these specifications.
1.2 Materials
Reinforced concrete pipes shall be of NP 4 type conforming to IS: 458 as shown in the drawings.
1.2.1 Laying of Pipes
Laying of Pipes shall be carried out in accordance with clause 2905; the Pipes shall be fitted and matched so that when laid in work they shall have a smooth uniform invert.
1.2.2 Jointing
The Pipes shall be jointed either by collar joint or flush joint. Caulking shall be carried out as directed by the Employer’s Engineer. The provisions of clause 2906 of the specifications shall be followed to the extent applicable. The Employer’s Engineer decision shall be final and binding.
1.2.3 Back Filling
Where directed by the Employer’s Engineer shall be carried out in accordance with clause 2907 of the specifications.
1.2.4 Closing of Ends
The ends of Pipes shall be closed with plastic covers to prevent ingress of foreign materials
2.0 CLAUSE A-2: CURING USING LIQUID MEMBRANE FORMING COMPOUND
2.1 General
Liquid membrane forming compound are sometimes permitted to be used by the Employer’s Engineer for curing concrete for part or whole of the total curing period as specified in sections dealing with concrete construction. These membranes reduce the loss of water from concrete during early hardening period and some type of compounds also help in reducing the temperature-rise of concrete exposed to the radiation from the sun. These specifications cover the type and use of such compounds. However, the use of the same will need specific permission from the Employer’s Engineer, who may require a number of tests to be carried out for establishing the conformity of the product to these specifications and to establish that the curing compound and its method of use does not have any unacceptable effect on the quality of concrete. The cost of the initial acceptance testing and the quality control testing will be borne by the owner, if the
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method has been specified as a requirement by the Employer’s Engineer. If on the other hand, it is suggested by the contractor as an alternative to wet-curing, the full cost of testing will be borne by him and deemed to be included in his rates for concreting. The cost of curing in any case will be deemed to be part of the concrete rates and will not be paid extra.
All equipment, material etc., needed for curing and protection of concrete shall be at hand and ready for installing before actual concreting begins. Detailed plans, methods and procedures shall be firmly established, shall be settled and got approved in writing from the Employer’s Engineer sufficiently in advance of the actual concreting.
The equipment and method proposed to be utilized shall provide for adequate control and avoid interruption or damage to the work of other agencies.
2.2 Curing Compound
The curing compound shall be conforming to ASTM-C-309-81, Type-2, white pigmented compound. The solids dissolved in vehicle shall be either A (no restrictions) or Class B (resin as defined in ASTM D-883) as approved by the Employer’s Engineer.
White pigmented compound (Type-2) shall consist of finely divided white pigments and vehicle solids, ready mixed for immediate use without alteration. The compound shall present a uniform white appearance when applied uniformly to a fresh concrete surface at a specified rate of application. It shall be of such consistency that it can be readily applied by spraying to provide uniform coating at temperatures 40 degree centigrade. If two coats are to be applied then it should be applied at an interval of approximately one hour. They shall adhere to freshly placed concrete that has stiffened or sufficient resist marking during the application and to damp hardened concrete and shall form a continuous film when applied at a rate of 5 m²/liter. When dry, the covering shall be continuous flexible and without visible breaks or pin holes and shall remain as unbroken film at least 28 days after application. It shall not react deleteriously with the concrete.
The compound shall meet with the requirement of water retention test as per ASTM designation C-156-80. The loss of water in this test shall be restricted to not more than 0.55 kg/m² of exposed surface in 72 hours.
The white pigmented compound (Type 2) when rested as specified in accordance with method E-79 of ASTM shall exhibit a day light reflectance of not less than 60% of that of magnesium oxide.
It shall fulfill the requirement of drying time when tested in accordance with ASTM- C-309-81. The compound applied shall be dry to touch in not more than 4 hours. After 12 hours it shall not be tacky or tack off (peel off) concrete when walked upon nor it shall impart a slippery surface. The liquid compound should be of a spray able consistency.
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3.3 Supply and Testing
3.3.1 Acceptance Testing
Prior to the approval of the brand/trade name of compound and the source of supply and manufacturer acceptance testing shall be carried out to demonstrate the conformance of the compound to Clause 1.1.1. In addition, testing shall be performed to demonstrate that no adverse/undesirable change in quality of concrete or concrete surface takes place as a result/by-product of the use of the compound. These tests should be designed to check properties such as loss of strength at 28 days of surface layer, or of concrete cube, change in surface texture, change in adhesion to subsequently applied layers like plaster, flooring, tiling etc. The type and number of tests are to be as specified by the Employer’s Engineer.
3.3.2 Routine Testing
a) The liquid membrane forming curing compound should be brought in the
manufacturer’s original clear containers. Each container shall be legibly marked with the name of the manufacture, the trade name of the compound, the type of compound and class of vehicle/solids, the nominal percentage of volatile material and batch or lot number. The lot numbers will be assigned to the quantity of compound mixed, sampled and tested as single product. The manufacturer shall exercise the care in filling the container so that all are equally representative of the compound produced.
b) Curing compound to be used on site shall be got tested at least 14 days in
advance so that the result of water retention tests, reflectance test, drying etc., are available before it can be permitted for use. All of the filled containers represented by the approved sample shall then be sealed to prevent leakage, substitution or dilution. The Employer’s Engineer or authorized representative should mark each container represented by the samples with a suitable identification mark for later identification and correlation and shall be kept in store with double lock arrangements. One key shall be kept with the Contractor and the other with Employer’s Engineer. Random samples shall be collected from every batch of the compound. Frequency of random sampling shall be done as directed by the Employer’s Engineer. The contractor shall provide samples and labour for collecting samples free of cost. Testing shall be carried out by agency approved by the Employer’s Engineer and in presence of his representative.
3.4 Method of Application
The compound shall be sprayed using mechanical sprayer of approved design to ensure uniform and continuous membrane on the concrete surface. The coverage shall be at the rate specified by the manufacturer or at the rate of 4m² per liter or as specified by the manufacturer and approved by the Employer’s Engineer. Field trials shall be conducted to decide effective coverage rate, which depends upon surface finish. The Employer’s Engineer after verification of the field and based on the actual experience shall order the rate of application as needed for achieving the proper curing. With a view to ensure thorough and complete coverage, approximately one half of the compound for a given
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area should be applied by moving the spray gun back and forth in one direction and the remaining half at right angles to this direction. In case the application is still not found uniform, the contractor shall have to apply the second coat as and when directed by the Employer’s Engineer. If a second coat is to be applied, it should be applied approximately after an interval of one hour. The curing compound shall generally be applied as soon as the bleeding water or shine disappears, leaving dull appearance.
If surface treatment by roughing, hand brushing etc., is required (e.g. as in case of road pavements) the curing compound should be applied immediately after the same. Equipment for spraying curing compound shall be of pressure tank type (5 to 7 kg/cm²) with provision of continuous agitation. A curing jumbo with multiple travelling spray fans shall be provided for effective spray. Spraying on concrete lining shall be done in such a way that the green concrete is not disturbed or damaged or any foot impression left. Necessary schemes of spraying by mechanized means shall be got approved by the Employer’s Engineer. However, in emergency (for very small areas/ patches) it can be applied with wire or bristled brush.
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Schedule E - Maintenance Requirements
(See Clause 2.1 and 14.2)
Contents
Maintenance Requirements.
Annexure E I – Repair / Rectification of Defects and Deficiencies
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1.0 Maintenance Requirements
1.1 The Contractor shall, at all times maintain the Project Components (Roads & Utilities/Services) in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits.
1.2 The Contractor shall repair or rectify any Defect or deficiency set forth in Paragraph 2 of this
Schedule-E within the time limit specified therein and any failure in this behalf shall constitute non-fulfilment of the Maintenance obligations by the Contractor. Upon occurrence of any breach hereunder, the Employer shall be entitled to effect reduction in monthly lump sum payment as set forth in Clause 14.6 of this Agreement, without prejudice to the rights of the Employer under this Agreement, including Termination thereof.
1.3 All materials, works and construction operations shall conform to the Specifications for
Road and Bridge Works (Fifth Revision, April 2013), issued by the Ministry of Road Transport & Highways (MoRT&H) and the relevant IRC publications. Where the Standards and Specifications for a work are not given, Good Industry Practice shall be adopted to the satisfaction of the Employer’s Engineer.
1.4 All relevant materials, works and construction operations shall confirm to CPHEEO
Manual on Operation and Maintenance of water supply systems, 2005, MoUD, GOI and Good Industry Practice to the satisfaction of Employer’s Engineer for Potable water supply rising mains and distribution networks, Recycle rising mains and distribution networks including valves, specials, flow meters etc.
1.5 All relevant materials, works and construction operations shall confirm to CPHEEO
Manual on Sewerage and Sewage treatment systems 2013 Part-B; Operation and Maintenance and Good Industry Practice to the satisfaction of Employer’s Engineer for Industrial effluent pumping mains and networks, Sewer pumping mains and networks including manholes, flow meters etc.
1.6 All relevant materials, works and construction operations shall confirm to CPHEEO
Manual on Operation and Maintenance of water supply systems, 2005, MoUD, GOI and Good Industry Practice to the satisfaction of Employer’s Engineer for Potable and Recycle Elevated Service Reservoirs (ESR).
1.7 All relevant materials, works and construction operations shall confirm to CPHEEO
Manual on Sewerage and Sewage treatment systems 2013 Part-B; Operation and Maintenance and Good Industry Practice to the satisfaction of Employer’s Engineer for storm water drain networks and outfalls.
1.8 Maintenance of street lighting is inclusive of all roadway illumination equipment. The
equipment consists of poles, luminaries, brackets, photocells, lamps, relays, conductors, ducts, hand wells, vaults, and associated hardware.
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2.0 Repair/Rectification of Defects and Deficiencies
The obligations of the Contractor in respect of Maintenance Requirements shall include repair and rectification of the Defects and deficiencies specified in Appendix E-I of this Schedule-E within the time limit set forth therein.
3.0 Other Defects and Deficiencies
In respect of any Defect or deficiency not specified in Appendix E-I of this Schedule-E, the Employer’s Engineer may, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Standards and Specifications, and any deviation or deterioration beyond the permissible limit shall be repaired or rectified by the Contractor within the time limit specified by the Employer’s Engineer.
4.0 Extension of Time Limit
Notwithstanding anything to the contrary specified in this Schedule-E, if the nature and extent of any Defect or deficiency justifies more time for its repair or rectification than the time specified herein, the Contractor shall be entitled to additional time in conformity with Good Industry Practice. Such additional time shall be determined by the Employer’s Engineer and conveyed to the Contractor and the Employer with reasons thereof.
5.0 Emergency Repairs/Restoration
Notwithstanding anything to the contrary contained in this Schedule-E, if any Defect, deficiency or deterioration in the Project Components (Roads & Utilities/Services) poses a hazard to safety or risk of damage to property, the Contractor shall promptly take all reasonable measures for eliminating or minimizing such danger.
6.0 Daily Inspection by the Contractor
The Contractor shall, through its engineer, undertake a daily visual inspection of the Project Components (Roads & Utilities/Services) and maintain a record thereof in a register to be kept in such form and manner as the Employer’s Engineer may specify. Such record shall be kept in safe custody of the Contractor and shall be open to inspection by the Employer and the Employer’s Engineer at any time during office hours.
7.0 Pre-Monsoon Inspection / Post-Monsoon Inspection
The Contractor shall carry out a detailed pre-monsoon inspection of all bridges, culverts and drainage system before [1st June] every year in accordance with the guidelines contained in IRC: SP35. Report of this inspection together with details of proposed maintenance works as required on the basis of this inspection shall be sent to the Employer’s Engineer before the [10th June] every year. The Contractor shall complete the required repairs before the onset of the monsoon and send to the Employer’s Engineer a compliance report. Post monsoon inspection shall be done by the [30th September] and the inspection report together with details of any damages observed and proposed action to remedy the same shall be sent to the Employer’s Engineer.
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8.0 Repairs On Account Of Natural Calamities
All damages occurring to the Project Components (Roads & Utilities/Services) on account of a Force Majeure Event or default or neglect of the Employer shall be undertaken by the Employer at its own cost. The Employer may instruct the Contractor to undertake the repairs at the rates agreed between the Parties.
9.0 Minor Operational Responsibilities:
During the course of DLP and Maintenance period there are some minor operational responsibilities that are required to be conducted by the Contractor/Team. These maybe performed by the maintenance team itself given due training and understanding of equipment and performance requirements of the systems. For all roadways insure operational performance criteria are being met with obstruction free travel in safety per norms prescribed by IRF. Insure that defects, repairs and maintenance requirements are identified, shared with Owner and implemented through the maintenance team. For all Illumination systems, insure auto on/off and such are in place and operational based on day light dusk/dawn periods of the various seasons. Insure operational inspections of the system are conducted to identify defects and repairs to be performed by the maintenance team. Lux level recordings of the implemented system are to be conducted and performance levels maintained. For all Power systems, insure appropriate controls and reporting systems are in place. Insure accurate reporting and controls on outages, faults and such defects are maintained to a minimum, operating this system at a 99.99% performance level. For all pressurized hydraulic systems such as water, recycle water, insure all pumps, reservoirs and tanks are kept at optimum levels of storage meeting the requirements of performance from design intent. Daily operations of these systems are to be performed to insure capacities are kept at the assured levels. Defects/repairs identified here to be rectified by maintenance teams. For all gravity based systems such as effluents and sewage, insure maintenance inspections and sump pumping activities are carried out regularly to insure effluent/sewage flows are consistent and as required by the STP/CETP by others. Defects/repairs are to be identified and rectified by maintenance teams. Spare parts lists to be maintained by maintenance teams are to be inspected, verified and reported. Develop and maintain a reporting, documentation and inspections process during the course of operations in collaboration with Owner teams.
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Appendix-E-I (Schedule-E)
REPAIR/RECTIFICATION OF DEFECTS AND DEFICIENCIES
The Contractor shall repair and rectify the Defects and deficiencies specified in this Appendix E-I of Schedule-E within the time limit set forth in the table below.
Table 1
Nature Of Defect Or Deficiency Time Limit For Repair/Rectification
ROADS (a) Carriageway And Paved Shoulders
(i)
Breach or blockade
Temporary restoration of traffic within 24 hours; permanent restoration within 15
(ii)
Roughness value exceeding 1,800 mm in a stretch of 1
120 (one hundred and twenty) days
(iii) Pot holes 24 hours (iv) Any cracks in road surface 15 (fifteen) days
(v)
Any depressions, rutting exceeding 10 mm in road
30 (thirty) days
(vi) Bleeding/skidding 7 (seven) days (vii) Any other defect/distress on the road 15 (fifteen) days (viii) Damage to pavement edges 15 (fifteen) days (ix) Removal of debris, dead animals 6 hours (b) Granular Earth Shoulders, Side Slopes, Drains And Culverts
(i)
Variation by more than 1 % in the prescribed slope of camber/cross fall (shall not be less than the camber on h )
7 (seven) days
(ii) Edge drop at shoulders exceeding 40 mm 7 (seven) days (iii)
Variation by more than 15% in the prescribed side (embankment) slopes
30 (thirty) days
(iv) Rain cuts/gullies in slope 7 (seven) days (v) Damage to or silting of culverts and side drains 7 (seven) days (vi) De-silting of drains 24 hours
(vii)
Railing, parapets, crash barriers
7 (seven) days (Restore immediately if causing safety
(c) Road Side Furniture Including Road Sign And Pavement Marking (i)
Damage to shape or position, poor visibility or loss of
48 hours
(ii) Painting of km stone, railing, parapets, crash As and when required/Once every (iii) Damaged/missing road signs requiring 7 (seven) days (iv) Damage to road mark ups 7 (seven) days (d) Road Lighting (i) Any major failure of the system 24 hours (ii) Faults and minor failures 8 hours
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Nature Of Defect Or Deficiency Time Limit For Repair/Rectification
(e) Other Project Facilities And Approach Roads
(i)
Damage in approach roads, pedestrian facilities, truck lay-byes, bus-bays, bus-shelters, electrical, water,
d d
15 (fifteen) days
(ii) Damaged vehicles or debris on the road 4 (four) hours (iii) Malfunctioning of the mobile crane 4 (four) hours
MINOR Superstructure
(i)
Any damage, cracks, spalling/ scaling • Temporary measures • Permanent measures
• within 48 hours • within 15 (fifteen) days or as specified by the
(b) Foundations (i) Scouring and/or cavitation 15 (fifteen) days (c) Piers, Abutments, Return Walls And Wing Walls
(i)
Cracks and damages including settlement and tilting,
30 (thirty) days
(d) Bearings (Metallic) of Bridges
(i)
Deformation, damages, tilting or shifting of bearings
15 (fifteen) days Greasing of metallic bearings once in a Year
(e) Joints (i) Malfunctioning of joints 15 (fifteen) days (f) Other Items (i) Deforming of pads in elastomeric bearings 7 (seven) days
(ii)
Gathering of dirt in bearings and joints; or clogging of
3 (three) days
(iii)
Damage or deterioration in kerbs, parapets, handrails and crash barriers
3 (three) days (immediately within 24 hours if posing danger to safety)
(iv)
Rain-cuts or erosion of banks of the side slopes of approaches
7 (seven) days
(v) Damage to wearing coat 15 (fifteen) days (vi)
Damage or deterioration in approach slabs, pitching,
30 (thirty) days
(vii)
Growth of vegetation affecting the structure or obstructing the waterway
15 (fifteen) days
Potable Water, Waste water, Recycle Water and Fire Fighting system (a) Transmission mains
(i) Bursts/Breakage in the pipelines.
6 hrs from occurrence
(b) Network pipelines
(i) Bursts/Breakage in the distribution network pipelines
4 hrs from occurrence
(ii) Flushing of distribution main Once in 6 months
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(iii) SCADA System for all services Within 2 hrs from occurrence
Nature Of Defect Or Deficiency Time Limit For Repair/Rectification (d) Control & Protection i) Photo electric controller 8 hrs ii) Communication failure 8 hrs (e) Power i) Supply including SCADA 2 hrs ii) Fault 2 hrs
Table 2: General Preventive Maintenance Checks
General Preventive Maintenance Checks
(a) The following checks to be performed daily by the Contractor's personnel (i)
Whether there is a change in the sound of a running pump, abrupt changes in bearing temperature and seal leakage?
(ii)
The pump capacity, pressure, power consumption and vibration level to check if outage is required to address deterioration of specified performance values.
(iii) Rise in temperature of bearings in motor, in moving parts and other units, etc. (iv) Working of gauges, sensors and other flow measuring devices (v) Average power factor, KWH consumed (b) The following checks to be performed weekly by the Contractor's personnel (i) Pipeline and valve leakage (ii) Functioning of non-return valve (iii) Tightness of all electrical connections of all unit panels etc. (iv) Tightness all cable connections (v) Temperature rise due to loose connections (vi) Operation of valves and sluice gates (vii) Current and voltages in all electrical equipment (viii) Average power factor, KWH consumed (ix) Lights on/off (x) Leakage current for all power distribution
(c) The following checks to be performed monthly by the Contractor's personnel
(i) Battery voltage, battery charger, topping of distilled water, tightness of terminations (ii) Gland packing (iii) Wear and tear of moving parts (iv) Adoption of Electrical energy conservation methods and energy consumption (v) Electrical contacts (vi) Motors (vii) Meggering of electrical equipment (viii) Watering of earthen pits
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(d) The following checks to be performed quarterly by the Contractor's personnel (i) Relay testing and calibration if possible of meters, gauges, instruments (ii) Speed of motors (iii) Level gauges and flow meters signals (iv) Cleaning, checking/tightening of L.T. Circuit / Panel (v) Auxiliary DB, Capacitor bank (vi) Battery and Battery charger
(e) The following checks to be performed bi-annually by the Contractor's personnel (i)
Free movement of stuffing box glands, gland bolts to be cleaned & lubricated and packing to be
(ii) Pump and motor alignment should be checked and corrected if necessary. (iii)
Grease lubricated bearings should be checked to see that they contain the correct amount of
(f) The following checks to be performed annually by the Contractor's personnel (i) Vibration should be reviewed. If the pump is tending towards unacceptable vibration
¾ The bearing should be removed, cleaned and examined for flaws and wear ¾ The bearing housing should be carefully cleaned ¾ Rolling element bearings should be examined for scratches and wear ¾ Immediately after cleaning, rolling element bearings that are considered
acceptable for reinstallation should be coated with grease. (ii) Shaft sleeve and shaft should be examined for wear.
(iii)
When coupling halves are disconnected for an alignment check, the vertical shaft movement of a pump with sleeve (journal) bearing should be checked at both ends with packing or seals removed. Any movement exceeding the original design clearance should be investigated to determine the cause. Endplay allowed by bearings should also be checked. If it exceeds that recommended by the manufacturer, the cause should be determined and corrected
(iv) Stuffing boxes should be repacked and the pump & motor should be realigned and (v) Overhauling requirement of all equipment (vi) Improvement required if any in operation of plant (vii Testing and Calibration of all instruments (vii Transformer cleaning, checking silica gel, oil checking filtering/replacing
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Schedule F - Applicable Permits
(See Clause 3.1.7(a))
1. Applicable Permits
1.1 The Contractor shall obtain, as required under the Applicable Laws, the following Applicable Permits:
(a) Permission of the State Government for extraction of boulders from quarry;
(b) Permission of Village Panchayat and Pollution Control Board for installation of crushers;
(c) License for use of explosives;
(d) Permission of the State Government for drawing water from river/reservoir;
(e) License from inspector of factories or other competent authority for setting up batching plant;
(f) Clearance of Pollution Control Board for setting up batching plant;
(g) Clearance of Village Panchayats and Pollution Control Board for setting up asphalt plant;
(h) Permission of Village Panchayats and State Government for borrow earth; and
(i) Any other permits, clearances or approvals required under Applicable Laws.
1.2 Applicable permits, as required, relating to environmental protection and conservation shall have been procured by the EMPLOYER in accordance with the provisions of this Agreement.
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Schedule G - Form of Bank Guarantee
(See Clause 7.1.1, 7.5.3 and 19.2)
Contents
Annex-I – Performance Security.
Annex-II – Form for Guarantee for Withdrawal of Retention Money
Annex-III – Form for Guarantee for Advance Payment
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Annex-I
(See Clause 7.1.1)
Performance Security
………………… Employer………
WHEREAS: (A) _______________________________ [name and address of contractor] (“hereinafter called as
Contractor”) and [name and address of the EMPLOYER], (“the EMPLOYER”) have entered into an agreement (the “Agreement”) for “Design and Build the Additional Infrastructure works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in Shendra Industrial Area, Aurangabad, Maharashtra State on EPC contract Basis 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. …. Crore (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 and under and in accordance with the Agreement, and agrees and undertakes to pay to the Employer, 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 EMPLOYER shall claim, without the EMPLOYER 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 EMPLOYER, under the hand of an officer not below the rank of
[…………….of EMPLOYER], 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 conclusive, final and binding on the Bank. The Bank further agrees that the EMPLOYER 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 difference between the EMPLOYER 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.
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3. In order to give effect to this Guarantee, the EMPLOYER 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 EMPLOYER to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The EMPLOYER 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 EMPLOYER 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 EMPLOYER, and the Bank shall not be released from its liability and obligation under these presents by any exercise by the EMPLOYER 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 EMPLOYER 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 EMPLOYER 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 herein before, 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 EMPLOYER on the Bank under this Guarantee all rights of the EMPLOYER under this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Performance Security shall cease to be in force and effect 90 (ninety) days after the end of
the Defects Liability Period as set forth in Clauses 7.1
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous express consent of the EMPLOYER 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 authorized 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
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that the envelope containing the notice was posted and a certificate signed by an officer of the EMPLOYER 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
for up to the end **** month in the year ***** or until it is released earlier by the EMPLOYER pursuant to the provisions of the Agreement.
Signed and sealed this ……….. day of ………. 20…….. at ………
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(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)
Form for Guarantee for Withdrawal of Retention Money
…………………… ……………….. .EMPLOYER, Mumbai
WHEREAS:
[Name and address of contractor] (hereinafter called “the Contractor”) has executed an agreement (hereinafter called the “Agreement”) with the [name and address of the EMPLOYER], (hereinafter called “the EMPLOYER”) for the “Design and Build the Additional Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra State on EPC contract Basis” subject to and in accordance with the provisions of the Agreement.
a. in accordance with the Clause 7.5.3 of the Agreement, whenever the amount of the
retention money (hereinafter called “Retention Money”) held by the EMPLOYER exceeds 1% (one per cent) of the Contract Price, the Contractor may, at its option, withdraw the Retention Money after furnishing to the EMPLOYER a bank guarantee for an amount equal to the proposed withdrawal.
b. We, ……………..through our branch at …………………………. (the “Bank”) have agreed
to furnish this bank guarantee (hereinafter called the “Guarantee”) for the amount of Rs. …………. (………. in words) (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 EMPLOYER, 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 EMPLOYER shall claim, without the EMPLOYER 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 EMPLOYER, under the hand of an officer not below the rank of
[………………….of EMPLOYER], 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 conclusive, final and binding on the Bank. The Bank further agrees that the EMPLOYER shall be the sole judge as to whether the Contractor is in default in due and
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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 difference between the EMPLOYER 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 EMPLOYER 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 EMPLOYER to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The EMPLOYER 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 EMPLOYER 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 EMPLOYER, and the Bank shall not be released from its liability and obligation under these presents by any exercise by the EMPLOYER 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 EMPLOYER 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 EMPLOYER in respect of or relating to the Retention Money.
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 EMPLOYER on the Bank under this Guarantee all rights of the EMPLOYER 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 end of then
Defects Liability Period specified in Clauses 17.1 of the Agreement.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous express consent of the EMPLOYER 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.
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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 authorized 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 EMPLOYER 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 end **** month in the year ***** or until it is released earlier by the EMPLOYER pursuant to the provisions of the Agreement.
Signed and sealed this ……….. day of ………. 20…….. at ………
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(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-III
(Schedule-G)
(See Clause 19.2)
Form for Guarantee for Advance Payment
……………………………….., ……………….EMPLOYER, Mumbai
WHEREAS:
i. [name and address of contractor] (hereinafter called “the Contractor”) has executed an
agreement (hereinafter called the “Agreement”) with the [name and address of the EMPLOYER], (hereinafter called “the EMPLOYER”) for the “Design and Build the Additional Infrastructure works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in Shendra Industrial Area, Aurangabad, Maharashtra State on EPC contract Basis” subject to and in accordance with the provisions of the Agreement.
ii. in accordance with the Clause 19.2 of the Agreement the EMPLOYER shall make to the
Contractor an interest bearing advance payment (hereinafter called “Advance Payment”) equal to 10% (ten per cent) of the contract price for mobilization expenses and acquisition of equipment; and that the Advance Payment shall be made in three installments subject to the Contractor furnishing an irrevocable and unconditional guarantee by a scheduled bank for an amount equal to the 110% amount of each installment to remain effective till the complete and full repayment of the installment of the Advance Payment as security for compliance with its obligations in accordance with the Agreement; and the amount of (first/second/third) installment of the Advance Payment is Rs. **** cr. (Rupees ***** crore) (the “Guarantee Amount”).
iii. We, ……………..through our branch at …………………………. (the “Bank”) have agreed to
furnish this bank guarantee (hereinafter called the “Guarantee”) for the Guarantee Amount.
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
repayment on time of the aforesaid installment of the Advance Payment under and in accordance with the Agreement, and agrees and undertakes to pay to the EMPLOYER, 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 EMPLOYER shall claim, without the EMPLOYER being required to prove or to show grounds or reasons for its demand and/or for the sum specified therein.
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2. A letter from the EMPLOYER, under the hand of an officer not below the rank of [……………………of EMPLOYER], that the Contractor has committed default in the due and faithful performance of all or any of its obligations for the repayment of the installment of the Advance Payment under and in accordance with the Agreement shall be conclusive, final and binding on the Bank. The Bank further agrees that the EMPLOYER 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 difference between the EMPLOYER 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 EMPLOYER 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 EMPLOYER to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The EMPLOYER 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 Advance Payment or to extend the time or period of its repayment or to postpone for any time, and from time to time, any of the rights and powers exercisable by the EMPLOYER 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 EMPLOYER, and the Bank shall not be released from its liability and obligation under these presents by any exercise by the EMPLOYER 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 EMPLOYER 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 EMPLOYER in respect of or relating to the Advance Payment.
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 EMPLOYER on the Bank under this Guarantee all rights of the EMPLOYER 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 end of the one year from the date of payment of the installment of the Advance Payment, as set forth in Clause 19.2 of the Agreement.
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9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the EMPLOYER 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 authorized 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 EMPLOYER 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
for up to the end **** month in the year ***** or until it is released earlier by the EMPLOYER pursuant to the provisions of the Agreement.
Signed and sealed this ……….. day of ………. 20…….. at ………
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(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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Schedule H – Bill of Quantities (BOQ)
(See Clause 10.1.4 and 19.3)
Contents
1.0 The Contract Price ...................................................................................................... 282
2.0 Proportions of the Contract Price for different stages of Construction .......... 282
3.0 Procedure of Estimating the Value of Work Done .......................................... 286
4.0 Procedure for estimating the value of Storm water drain Works including out fall Works done .............................................................................................. 287
5.0 Procedure for estimating the value of Potable water supply network & elevated service reservoirs Works done ............................................................ 287
6.0 Procedure for estimating the value of Recycled water supply network & elevated service reservoirs Works done .................................................................... 288
7.0 Procedure for estimating the value of Residential sewage collection network Works done ........................................................................................................... 288
8.0 Procedure for estimating the value of Industrial effluent collection network Works done .......................................................................................................... 289
9.0 Procedure for estimating the value of Power Works done ................................ 289
10.0 Procedure for estimating the value of Power Works done .............................................. 290
11.0 Procedure for estimating the value of Submission and approval of “Data, Drawings and analysis of Surveys & Investigations” and “Designs, Drawings and reports” Works done.......................................................................................................................290
12.0 Procedure for payment for Maintenance ........................................................... 291
Contract Agreement AurangabadIndustrialTownshipLimited
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WEIGHTAGES
(See Clauses 10.1.4 and 19.3) 1.0 The Contract Price for This Agreement is Rs……………….
2.0 Proportions of the Contract Price for different stages of Construction of the Road and Utilities/Services shall be as specified below; Table 1
S No
Item
% of weightage in the contract
Price
Stage for Payment
% of weightage
1
Road Works
25%
(a) Site clearance & earthwork Excavation
24
(b) Sub Base and base courses 24
(c) Bituminous Works for flexible Pavement
33
(d) Culverts, Bridges, Drainage and protection Works and Junctions
7
(e) Traffic signs, markings and appurantances, Street Lighting.
12
2
Potable Water
4%
a) Laying of the Rising mains (DI
K7,K9) and distribution mains
(HDPE) with specials including
earthwork for cutting, filling,
disposal of the surplus earth and
also provision for moorum bedding
60
b) Valves, Valve chambers, Thrust blocks and water service connections including water meters
20
d) Pump and Related Electrical Items.
10
e)PLC & SCADA software and hard ware includes compound wall and Main Gate
10
3
Recycled water
1%
a) Laying of the pipelines (DI K7,K9) and distribution mains (HDPE) including earthwork for cutting, filling, disposal of the surplus earth and also provision for PCC bedding
60
Contract Agreement AurangabadIndustrialTownshipLimited
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S No
Item
% of weightage in the contract price
Stage for Payment
% of weightage
b) All types of valves including valve actuators and valve chambers and Thrust blocks.
15
c) Water connections with meters 05
d) Pump and Related Electrical Items. 10
e)PLC & SCADA software and hard ware includes compound wall and Main Gate
10
4
Fire fighting
2%
a) Laying of the pipelines (DI K9) with
specials including earthwork for
cutting, filling, disposal of the surplus
earth and also provision for moorum bedding
71
b) All types of valves including valve chambers and Thrust blocks.
23
c)PLC and SCADA software and hardware
6
5
Storm Water
Drainage
25%
(a) Site clearance & earthwork excavation and disposal of Surplus earth
5
(b) Manholes & Laying of RCC NP3 Pipes
33
(c) Laying concrete drains for sizes 1.5 x 1.5 m, 1.2 x 1.5 m and 3.5 x 2.0 m
52
(d) Cover Slabs 7
(e) Laying of PVC pipes , Kerb inlets, Collecting chambers under grated inlets, Rain water harvesting Structures and outfall structures
3
6
Industrial Sewerage
1%
(a) Earthwork excavation, filling and disposal of surplus earth, Dewatering with an inclusion of moorum bedding
30
(b) Providing and laying of RCC pipes‐ 30
Contract Agreement AurangabadIndustrialTownshipLimited
Page291
S No
Item
% of weightage in the contract price
Stage for Payment
% of weightage
NP3 and NP‐4 for road crossings. DI(K9) pipes for rising main
(c) Drop Manholes, Circular manholes, property connection chambers
35
(e) DG sets, Transformers and all electrifications including other miscellaneous Works
3
f)PLC and SCADA software and hardware
2
7
Residential Sewerage
1%
(a) Earthwork excavation, filling and disposal of surplus earth, Dewatering with an inclusion of moorum bedding
37
(b) Providing and laying of RCC pipes‐ NP3 and NP‐4 for road crossings
25
(c) Drop Manholes, Circular manholes, property connection chambers
38
88d88.8
Power 40%40%
(a ) Cables,switchgear etc 37
(b) Lighting 32
d)Tie into Substations 01
(f) Cable Trench work 30
9
Submission and approval of “Data, Drawings
and analysis of Surveys & Investigation
s” and “Designs, Drawings
and Reports
1%
Submission and approval of “Data, Drawings and analysis of Surveys & Investigations” and “Designs, Drawings and reports”.
i) Data, Drawings and analysis of Surveys & Investigations 10
ii) Designs, Drawings and reports of Potable water supply network including Rising Mains and Property Connections
5
iii) Designs, Drawings and reports of Recycled water supply network including Rising Mains and Property Connections
5
Contract Agreement AurangabadIndustrialTownshipLimited
Page292
S No
Item
% of weightage in the contract price
Stage for Payment
% of weightage
iv) Designs, Drawings and reports of Elevated Service Reservoirs for recycled and potable water supply
5
v) Designs, Drawings and reports of Domestic sewage collection network including pumping mains and property connections
5
vi) Designs, Drawings and reports of Industrial effluent collection network including pumping mains and property connections
5
vii) Designs, Drawings and reports of Storm water drainage network including bridges, Structures and area grading
10
viii) Designs, Drawings and reports of Utility/Services ducts for optical fibre cable network, power supply network and other netWorks including structures
10
ix) Designs, Drawings and reports of roads and road structures 15
x) Designs, Drawings and reports of Project facilities 10
xi) Designs, Drawings and reports of miscellaneous Works 5
xii) As built Drawings 10
xiii) 3‐D model of all Project components
5
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3.0 Procedure of Estimating the Value of Work Done
3.1 Road Works, Culverts, Minor Bridges
Procedure for estimating the value of road work done shall be as follows;
Table 2: Road Works
Stage for Payment % of
weightage
Payment procedure
Road Works
(a) Site clearance & earthwork excavation 24
Payment shall be made on completion of a stage on pro‐
rata basis.
(b) Sub Base and base courses 24
(c) Bituminous Works for flexible pavement 33
(d) Culverts, Bridges, Drainage and protection Works and Junctions
7
(e) Traffic signs, markings and appurantances,
traffic signals & Street Lighting. 12
@ For example, if the total length of bituminous work to be done is L km, the cost per km of bituminous work shall be determined as follows;
Cost per km of Bituminous work = P x weightage for road work x weightage for bituminous work x (1/L)
Where
=P x 34% x 33% x (1/L)
=
P= Contract Price
L = Total length of Bituminous work in km
Contract Agreement
Page288Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
4.0 Procedure for estimating the value of Storm water drain Works including out fall Works done shall be as stated in Table: 3
Table 3: Storm Water Drain Works including out fall structures
Stage for Payment % of
weightage Payment procedure
Storm Water Drains
(a) Site clearance & earthwork excavation and disposal of Surplus earth
5 Payment shall be made on completion of a stage on pro‐rata basis.
(b) Manholes & Laying of RCC NP3 pipes 33 Payment shall be made on completion of a stage on pro‐rata basis.
(c) Laying concrete drains for sizes 1.5 x 1.5 m, 1.2 x 1.5 m and 3.5 x 2.0 m
52 Payment shall be made on completion of a stage on pro‐rata basis.
(d) Cover Slabs 7 Payment shall be made on completion of a stage on pro‐rata basis.
(e) Laying of PVC pipes , Kerb inlets, Collecting chambers under grated inlets, Rain water harvesting Structures and outfall structures
3
Payment shall be made on completion of a stage on pro‐rata basis.
5.0 Procedure for estimating the value of Potable water supply network & elevated service reservoirs Works done shall be as stated in Table: 4
Table 4: Potable Water Supply Network & Elevated Service Reservoirs
Stage for Payment % of
weightage Payment procedure
Water supply
a) Laying of the Rising mains (DI K7,K9) and distribution mains (HDPE) with specials including earthwork for cutting, filling, disposal of the surplus earth and also provision for moorum bedding
60
Payment shall be made on completion of a stage on pro‐rata basis.
b) Valves, Valve chambers, Thrust blocks and water service connections including water meters
20 Payment shall be made on completion of a stage on pro‐rata basis.
Contract Agreement
Page289Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
c) Pump and Related Electrical Items. 10 Payment shall be made on completion of a stage on pro‐rata basis.
d)PLC & SCADA software and hard ware includes compound wall and Main Gate
10 Payment shall be made on completion of a stage on pro‐rata basis.
Contract Agreement
Page290Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
6.0 Procedure for estimating the value of Recycled water supply network & elevated service reservoirs Works done shall be as stated in Table: 5
Table 5: Recycled Water Supply Network & Elevated Service Reservoirs
Stage for Payment % of
weightage Payment procedure
Recycled Water
a) Laying of the pipelines (DI K7,K9) and distribution mains (HDPE) including earthwork for cutting, filling, disposal of the surplus earth and also provision for PCC bedding
60
Payment shall be made on completion of a stage on pro‐rata basis.
b) All types of valves including valve actuators and valve chambers and Thrust blocks.
15 Payment shall be made on completion of a stage on pro‐rata basis.
c) Water connections with meters 5 Payment shall be made on completion of a stage on pro‐rata basis.
d) Pump and Related Electrical Items. 10 Payment shall be made on completion of a stage on pro‐rata basis.
e) PLC & SCADA software and hard ware includes compound wall and Main Gate
10 Payment shall be made on completion of a stage on pro‐rata basis.
7.0 Procedure for estimating the value of Residential sewage collection network Works done shall be as stated in Table: 6
Table 6: Residential Sewage Collection Network
Stage for Payment % of
weightage
Payment procedure
Residential Sewage Collection Network
(a) Earthwork excavation, filling and disposal of surplus earth, Dewatering with an inclusion of moorum bedding
37
Payment shall be made on completion of a stage on pro‐rata basis.
(b) Providing and laying of RCC pipes‐ NP3 and NP‐4 for road crossings
25 Payment shall be made on completion of a stage on pro‐rata basis.
(c) Drop Manholes, Circular manholes, property connection chambers
38 Payment shall be made on completion of a stage on pro‐rata basis.
Contract Agreement
Page290Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
8.0 Procedure for estimating the value of Industrial effluent collection network Works done shall be as stated in Table: 7
Table 7: Industrial Sewage Collection Network
Stage for Payment % of
weightage
Payment procedure
Industrial Sewage Collection Network
(a) Earthwork excavation, filling and disposal of surplus earth, Dewatering with an inclusion of moorum bedding
23
Payment shall be made on completion of a stage on pro‐rata basis.
(b) Providing and laying of RCC pipes‐ NP3 and NP‐4 for road crossings. DI(K9) pipes for rising main
27
Payment shall be made on completion of a stage on pro‐rata basis.
(c) Drop Manholes, Circular manholes, property connection chambers
38 Payment shall be made on completion of a stage on pro‐rata basis.
(d) Sewage lift station includes pump sets 10 Payment shall be made on completion of a stage on pro‐rata basis.
(e) DG sets, Transformers and all electrifications including other miscellaneous Works
1
Payment shall be made on completion of a stage on pro‐rata basis.
f)PLC and SCADA software and hardware 1 Payment shall be made on completion of a stage on pro‐rata basis.
9.0 Procedure for estimating the value of Power Works done shall be as stated in Table: 8 Table 8: Power
Stage for Payment % of
weightage Payment procedure
Power
(a ) Cables 30 Payment shall be made on completion of a stage on pro‐rata basis.
(b) Lighting 30 Payment shall be made on completion of a stage on pro‐rata basis.
(c) Rerouting of Existing transmission lines 2 Payment shall be made on completion of a stage on pro‐rata basis.
(d) Substation Civil Works 3 Payment shall be made on completion of a stage on pro‐rata basis.
Contract Agreement
Page291Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
(f) Cable Trench work 35 Payment shall be made on completion of a stage on pro‐rata basis.
Contract Agreement
Page292Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
10.0 Procedure for estimating the value of Power Works done shall be as stated in Table: 9 Table – 9: Fire Fighting
Stage for Payment % of
weightage Payment procedure
Fire fighting
a) Laying of the pipelines (DI K9) with specials including earthwork for cutting, filling, disposal of the surplus earth and also provision for moorum bedding
71
Payment shall be made on completion of a stage on pro‐rata basis.
b) All types of valves including valve chambers and Thrust blocks.
23 Payment shall be made on completion of a stage on pro‐rata basis.
c)PLC and SCADA software and hardware 6 Payment shall be made on completion of a stage on pro‐rata basis.
11.0 Procedure for estimating the value of Submission and approval of “Data, Drawings and analysis of Surveys & Investigations” and “Designs, Drawings and reports” Works done shall be as stated in Table: 10.
Table 10: Data, Drawings and analysis of surveys & investigations” and “Designs, Drawings and Reports”
Stage of Payment
Percentage
weightage
Payment Procedure
% Payment on Complete Submission
% Payment on Approval by Engineer
Submission and approval of “Data, Drawingsand analysis of Surveys & Investigations”
Data, Drawings and analysis of Surveys & Investigations
10% 6% 4%
Designs, Drawings and reports of Potable
water supply network including Rising Mains and property connections
5%
3%
2%
Designs, Drawings and reports of Recycled water supply network including Rising Mains and property connections
5%
3%
2%
Designs, Drawings and reports of Elevated Service Reservoirs for recycled and potable water supply
5%
3% 2%
Contract Agreement
Page293Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Designs, Drawings and reports of Domestic sewage collection network including pumping mains and property
5%
3%
2%
Contract Agreement
Page294Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Designs, Drawings and reports of Industrial effluent collection network including pumping mains and property
5%
3%
2%
Designs, Drawings and reports of Storm water drainage network including bridges, Structures and area grading
10%
6%
4%
Designs, Drawings and reports of Utility/Services ducts for optical fibre cable network, power supply network and
10%
6%
4%
Designs, Drawings and reports of roads and road structures
15% 9% 6%
Designs, Drawings and reports of Project facilities
10% 6% 4%
Designs, Drawings and reports of miscellaneous Works
5% 3% 2%
As built Drawings 10% 6% 4%
3‐D model of all Project components 5% 3% 2%
12.0 Procedure for payment for Maintenance
12.1 The cost for Maintenance shall be as stated in Clause 14.1.1
12.2 Payment for Maintenance shall be made in quarterly instalments in accordance with the provisions of Clause 19.7
Contract Agreement
Page295Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Schedule I - Drawings
Refer the Tender Drawings
Contract Agreement
Page296Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Schedule J - Project Completion Schedule To be submitted by the Successful Bidder
Contract Agreement
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AurangabadIndustrialTownshipLimited
Schedule K - Tests on Completion
(See Clause 12.1.2)
Contents
1.0 – Schedule for Tests
2.0 – Tests
3.0 – Agency for Conducting Tests
4.0 – Completion Certificate
Contract Agreement
Page298Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
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1.0 Schedule for Tests
1.1 The Contractor shall, no later than 30 (thirty) days prior to the likely completion of construction, notify the Employer’s Engineer and the Employer of its intent to subject the project components (roads and utilities / services) to Tests, and no later than 10 (ten) days prior to the actual date of Tests, furnish to the Employer’s Engineer and the Employer detailed inventory and particulars of all works and equipment forming part of Works.
1.2 The Contractor shall notify the Employer’s Engineer of its readiness to subject the
project components (roads and utilities / services) to Tests at any time after 10 (ten) days from the date of such notice, and upon receipt of such notice, the Employer’s Engineer shall, in consultation with the Contractor, determine the date and time for each Test and notify the same to the Employer who may designate its representative to witness the Tests. The Employer’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.
2.0 Tests
2.1 Visual and physical test: The Employer’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 Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of a calibrated bump integrator and the maximum permissible roughness for purposes of this Test shall be 1800 (Eighteen Hundred) mm for each kilometer.
2.3 Tests for bridges: All major and minor bridges shall be subjected to the rebound
hammer and ultrasonic pulse velocity tests, to be conducted in accordance with the procedure described in Special Report No. 17: 1996 of the IRC Highway Research Board on Non-destructive Testing Techniques, at two spots in every span, to be chosen at random by the Employer’s Engineer. Bridges with a span of 15 (fifteen) meters or more shall also be subjected to load testing.
2.4 Water Tightness test: All hydraulic structures, such as sewer lines network, industrial
network, joints, manholes etc. or any other liquid containers shall have to be tested for water tightness. The water tightness test shall be conducted as specified in IS: 4127- 1967.
2.5 Water Tightness test for Manhole: The entire height of the manhole shall be tested for
water tightness as per CPHEEO Manual, by closing both the incoming and outgoing ends of the sewer and filling the manhole with water and the drop in water level not more than 50 mm per 24 hours shall be permitted.
2.6 Hydraulic Test: Fill the pipeline with water after it has been laid; bleed off any
trapped air. Subject the lowest element in the system to a test pressure that is 1.5 times the design pressure, and check for any leakage. When, in the opinion of the engineer, local conditions require that the trenches be backfilled immediately after the pipe has been laid, apply the pressure test after backfilling has been completed but not sooner than a time which will allow sufficient curing of any concrete that may have been used. Typical minimum concrete curing times are 36 hours for early strengths and 7 days for normal strengths.
Contract Agreement
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2.7 Water Tightness test for ESR: Deleted
2.8 Other tests: The Employer’s Engineer may require the Contractor to carry out or
cause to be carried additional tests, in accordance with Good Industry Practice, for determining the compliance of the project components (roads and utilities / services) with Standards and Specifications.
2.9 Environmental audit: The Employer’s Engineer shall carry out a check to determine
conformity of the project components (roads and utilities / services) with the environmental requirements set forth in Applicable Laws and Applicable Permits.
2.10 Safety Audit: The Employer’s Engineer shall carry out, or cause to be carried out, a
safety audit to determine conformity of the project components (roads and utilities/services) with the safety requirements and Good Industry Practice.
2.11 Visual and physical test for Street lighting covering pole, luminaire, power supply,
grounding, communication between luminaire to control panel and central control system.
2.12 Installation testing including lighting performance verification. 2.13 All of the electrical equipment covered by this report shall be tested in accordance
with all relevant design and installation standards and codes of practices. Routine and Type test reports shall be required as minimum. The contractor shall notify the engineer, in writing, when each section of work is complete and whole of the work is completed. Each section of the work and whole of the work shall be tested in accordance with all relevant design and installation standards and codes of practices.
3.0 Agency for Conducting Tests
3.1 All Tests set forth in this Schedule-K shall be conducted by the Employer’s Engineer or
such other agency or person as it may specify in consultation with the Employer.
4.0 Completion Certificate
4.1 Upon successful completion of Tests, the Employer’s Engineer shall issue the Completion Certificate in accordance with the provisions of Article 12.
Contract Agreement
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Schedule L - Provisional Certificate and Completion Certificate
Contents
Provisional Certificate
Completion Certificate
Contract Agreement
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Provisional Certificate
(See Clause 12.2)
1. I, …………….. (Name of the EMPLOYER’s Engineer), acting as EMPLOYER’s Engineer, under and in accordance with the Agreement dated ………….. (the “Agreement”), for “Design and build the Additional Infrastructure works for roads, Drains, Culverts, water supply, sewerage, power systems, for phase-I in Shendra industrial area, Aurangabad, Maharashtra state” through EPC contract Basis Contract through…………………. (Name of Contractor), hereby certify that the Tests in accordance with Article 12 of the Agreement have been undertaken to determine compliance of the Project.............................. with the provisions of the Agreement.
2. Construction 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 other 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 that 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 …..
ACCEPTED, SIGNED, SEALED SIGNED, SEALED AND DELIVERED AND DELIVERED
For and on behalf of For and on behalf of
CONTRACTOR by
EMPLOYER’s Engineer by:
(Signature) (Signature)
Contract Agreement
Page302Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Completion Certificate
(See Clause 12.4)
1. I, …………….. (Name o f the EMPLOYER’s Engineer), acting as EMPLOYER’s Engineer, under and in accordance with the Agreement dated ………….. (the “Agreement”), for ““Design and Build the Additional Infrastructure works for roads, Drains, Culverts, water supply, sewerage, power systems, for Phase-I in Shendra Industrial area, Aurangabad, Maharashtra state” through EPC contract Basis through …………………. (Name of Contractor), hereby certify that the Tests in accordance with Article 12 of the Agreement have been successfully undertaken to determine compliance of the Project ............................................. with the provisions of the Agreement, and I am satisfied that the Project ............................................. can be safely and reliably placed in service of the Users thereof.
2. It is certified that, in terms of the aforesaid Agreement, all works forming part of Project
Works have been completed, and the Project Works is hereby declared fit for entry into operation on this the ………..day of ……..20 …..
SIGNED, SEALED AND DELIVERED For
and on behalf of
EMPLOYER’s Engineer by:
(Signature)
(Name)
(Designation)
(Address)
Contract Agreement
Page303Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Schedule M - Payment Reduction for Non-Compliance
(See Clauses 14.6., 15.2 and 19.7)
Contents
1.0 - Payment reduction for non-compliance with the Maintenance Requirements
2.0 - Percentage reductions in lump sum payments
Contract Agreement
Page304Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
1.0 Payment reduction for non-compliance with the Maintenance Requirements
1.1 Monthly lump sum payments for maintenance shall be reduced in the case of non- compliance with the Maintenance Requirements set forth in Schedule-E.
1.2 Any deduction made on account of non-compliance with the maintenance
Requirements shall not be paid even after compliance subsequently. The deduction shall continue to be made every month until compliance is done.
1.3 The Employer’s Engineer shall calculate the amount of payment reduction on the
basis of weightage in percentage assigned to non-conforming items as given in Paragraph 2.
2.0 Percentage reductions in lump sum payments
2.1 The following percentages shall govern the payment reduction:
Table: 1
Percentage reductions for Road works, Bridge works, Other Road works
S. No. Item/Defect/Deficiency Percentage
1 (a) + (b) + (c) (of the applicable Quarterly Maintenance amount) 45%
(a) Road Works (Carriageway/Pavement, Road, Embankment, Cuttings, Shoulders etc.)
45%
(i) Potholes, cracks, other surface defects 20% (ii) Repairs of Edges, Rutting 5%
(iii)
Edge drop, inadequate cross fall, undulations, settlement, potholes, ponding, obstructions
10%
(iv)
Deficient slopes, rain cuts, disturbed pitching, vegetation growth, pruning of trees
10%
(b) Bridge Works (Bridges and Culverts) 15%
(i)
De-silting, cleaning, vegetation growth, damaged pitching, flooring, parapets, wearing course, footpaths, any damage to
5%
(ii) Any Defects in superstructures, bearings and sub-structures 3%
(iii) Painting, repairs/replacement kerbs, railings, parapets, guideposts/crash barriers
7%
(c) Other Road Works (Road Furniture, Miscellaneous Items) 40%
(i) Cleaning, painting, replacement of road signs, delineators, road markings, 200 m/km/5th km stones
10%
(ii) Removal of dead animals, broken down/accidental vehicles, fallen
trees, road blockades or malfunctioning of mobile crane
10%
(iii) Maintenance of Multi-purpose corridors, drainage and protective Works
10%
(v) Defects in Other Project Facilities realted to road works 10%
Contract Agreement
Page305Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Percentage reductions for Storm Water Drain works, Potable water supply network & elevated service reservoirs works, Recycled water supply network & elevated service reservoirs works, Domestic sewage collection network works and Industrial effluent collection network works.
Table: 2
S. No. Item Percentage
1 Storm Water Drain Works (of the applicable Quarterly Maintenance amount)
20%
(i) De-silting, Manhole cleaning, overflows in surrounding areas 50%
(ii) De-silting at outfall, outfall Maintenance & hygiene conditions 50%
2 Potable water supply network & elevated service reservoirs Works (of the applicable QuaterlyMaintenance amount)
2%
(i)
Rising and distribution network repairs, valve and flow meters repairs and calibrations, refilling of trenches
75%
(ii) Elevated service reservoirs leakages, valves & flow meters repairs
and calibrations
25%
3
Recycled water supply network & elevated service reservoirs Works (of the applicable Quarterly Maintenance amount)
3%
(i) Rising and distribution network repairs, valve and flow meters
repairs and calibrations, refilling of trenches
75%
(ii)
Elevated service reservoirs leakages, valves & flow meters repairs and calibrations
25%
4
Domestic sewage collection network Works (of the applicable Quarterly Maintenance amount)
2%
(i) De-silting, overflows in surrounding areas, man holes damages. 100%
5 Industrial effluent collection network Works (of the applicable Quarterly Maintenance amount)
2%
(i) De-silting, overflows in surrounding areas, man holes damages. 100%
Table: 3: Percentage reductions for Power systems.
S. No. Item Percentage
1 Power systems 26%
(i) Non-Complainence of power factor 50%
(ii) Tripping of Transformer/power failure for continuous period of 2hours 30%
(iii) Cables faults not repaired within 24 hours 20%
Contract Agreement
Page306Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
2.2 Penalty due to Power Factor In the event during operation in any operating month the Contractor maintains a power factor which is lower than a power factor of 0.95, penalty @ 1.25 times the penalty as charged by Maharashtra Electricity Board to the Employer during the said month shall be charged to the Contractor.
This shall be in addition to the above penality.
1.2. The amount to be deducted from Quarterly lump-sum payment for non-compliance of
particular item mentioned in Table-1 &2 shall be calculated on a pro-rata basis for each of the above items as under
R = P/100 * Q *L1/L
Where
P= Percentage of particular item/non- compliance/Defect/deficiency for deduction. For example in Road Works, if pot hole is not repaired within 24 hours in one
kilometer, the percentage of non-compliance item P is 71%x20%=14.2% Q= Quarterly lump-sum payment for Maintenance in accordance with the Contract
Agreement. L1= Non-complying length of the particular Item L= Total length of the particular Item, R= Reduction (the amount to be deducted for noncompliance for a particular
item/Defect/deficiency The total amount of reduction shall be arrived at by summation of reductions for
such items/Defects/deficiency or noncompliance. For any Defect in a part of one kilometer, the non-conforming length shall be taken
as one kilometer.
3.0 Penalties for Treatment Plants Penalties during Performance Test Penalties shall be levied due to not meeting stipulated guarantee parameters as per the Contract. The penalties shall be levied as follows:-
(a) Power – The Contractor shall specify the normative power per m3 of treated water
produced per day. In the event, the Contractor consumes more power than the specific power stipulated by the Contractor as per table of Technical Schedules, penalty for extra power shall be levied @ 150% of the unit rate specified by AITL and calculated over a period of 4 years of operation.
Contract Agreement
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AurangabadIndustrialTownshipLimited
(b) Quantity of net output treated water – In the event Contractor is unable to deliver
stipulated quantity of net treated waste water
(c)
a. In the event Quantity produced is less than the contracted value penalty shall
be levied as follows: = 1.5 x (TQ-TP) x Total Contract Price for Contraction. TQ Wherein, TQ is the Total Contracted Water Capacity m3 per day.
TP is the Total Water Quantity produced as measured on the water meter installed on the product Water Main within the plant premises.
(d) Quality of treated water produced - In the event Contractor is unable to deliver
stipulated Quality of treated water as per Contract as cited above in Schedule-A:
a. INR 50,000 per day shall be levied.
Penalties during plant Operation and Maintenance 1. Penalty due to increase in power consumption during plant operation – In the event
the Contractor consumes electrical power more than as specified in the bid by the Contractor or as adjusted during the Performance Guarantee Test the following penalty shall be applicable:
a. The Specific Power Consumption (SPC) of the Plant is the Specific Power Consumption of entire facility including treatedwater pumping within the facility and all other auxiliary power with the facility , which is defined to be the total amount of electricity consumption (in kWh) which is necessary to produce one thousand (1,000) litres net of product treated waste water as measured at the water meter installed on the product water main within the premises, and which does not include, for the avoidance of doubt, the electricity demand of any
b. In the event it is found that the average power consumed per m3 of water during the said month is more than the guaranteed power consumption confirmed by the Contractor in his bid or as adjusted and agreed with the Employer’s Representative/Engineer during the Performance Test, the penalty shall be applicable @ 1.50 times the unit power cost at actuals of electricity multiplied by the excess power consumed during the evaluation period.
Penalty due to Power Factor
Contract Agreement
Page308Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
In the event during plant operation in any operating month the Contractor maintains a power factor which is lower than a power factor of 0.95, penalty @ 1.25 times the penalty as charged by Electricity Board to the Employer during the said month shall be charged to the Contractor.
In addition to the same, the contractor shall be liable for payment of excess demand charges levied by the EB to the employer every month and these shall be @ 1.5 times the actual demand charges.
Quantity of net output water – The Quantity of treated waste water produced as measured on the water meter installed on the treated water main within the premises of plant shall be calculated on a monthly basis. In the event Contractor is unable to deliver stipulated quantity of treated water which is measured @ m3 per day x number of days per month, penalty shall be levied as follows: Penalty = [150%] x CQ x O&M Fee per m3 of the product water for the said month where “CQ” is the reduced quantity from the Contracted Quantity for the said month. The Operation and Maintenance fees is excluding Power Charges as referred , which shall be paid directly by AITL to the Power Utility. Quality of water produced - In the event Contractor is unable to deliver stipulated Quality of treated waste water water as per Schedule-A However, in such an event penalty @ INR 50,000 per day shall be levied, irrespective of Employer offtake.
Contract Agreement
Page309Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Contract Agreement
Page310Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
AurangabadIndustrialTownshipLimited
Schedule N - Selection of Employer’s Engineer
(See Clause 18.1.1)
Contents
1 Selection of Employer’s Engineer
2 Terms of Reference.
3 Appointment of Government entity as Employer’s Engineer
Annex-I - Terms of Reference for Employer’s Engineer
1. Selection of Employer’s Engineer
Contract Agreement
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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 Employer’s Engineer.
1.2 In the event of Termination of the Technical Consultants appointed in accordance with
the provisions of Paragraph 1.1, the Employer 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 Employer’s Engineer (the “TOR”) shall substantially conform with Annex 1 to this Schedule N.
3. Appointment of Government entity as Employer’s Engineer
Notwithstanding anything to the contrary contained in this Schedule, the Employer may in its discretion appoint a Government-owned entity as the Employer’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 Employer shall not be eligible for appointment as Employer’s Engineer.
Contract Agreement
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AurangabadIndustrialTownshipLimited
Annex – I
(Schedule - N) Terms of Reference for Employer’s Engineer
1.0 Scope 1.1 These Terms of Reference (the “TOR”) for the Employer’s Engineer are being specified pursuant to the Agreement dated........... (the “Agreement), which has been entered into between the ………….Name of Employer (the “Employer ”) and .......... (the “Contractor”) for “Design, Construction, Testing, Commissioning and Operation & Maintenance of Additional Infrastructure Works for Roads, Drains, Culverts, Water Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC contract Basis” 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 design, Construction and Maintenance of the Project Roads and Services
2.0 Definitions and interpretation
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.
3.0 General
3.1 The Employer’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 Employer’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 Employer /PMNC before determining:
(a) any Time extension; (b) any additional cost to be paid by the Employer to the Contractor; (c) the Termination Payment; or (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.5,000,000 (Rs. fifty lakh).
3.3 The Employer’s Engineer shall submit regular periodic reports, at least once every
month, to the Employer /PMNC in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Employer’s Engineer within 10 (ten) days of the beginning of every month.
Contract Agreement
Page313Design and Build the Infrastructure works for Roads, Drains, Culverts, Minor Bridges, Water Supply, Sewerage, Power systems for Phase-I in Shendra-Bidkin Industrial Area, Aurangabad, Maharashtra on EPC Basis (Package – I)
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3.4 The Employer’s Engineer shall inform the Contractor of any delegation of its duties and responsibilities to its suitably qualified and experienced personnel provided, however, that it shall not delegate the authority to refer any matter for the Employer’s prior approval in accordance with the provisions of Clause 18.2.
3.5 The Employer’s Engineer shall aid and advise the Employer 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 Employer’s Engineer shall specify such meaning, scope and nature by issuing a reasoned written statement relying on good industry practice and authentic literature.
4 .0 Construction Period
4.1 During the Construction Period, the Employer’s Engineer shall review the Reports,
Designs and 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 Employer’s Engineer shall complete such review and send its observations to the Employer / PMNC and the Contractor within 15 (fifteen) days of receipt of such Reports, Designs and Drawings; provided, however that in case of a Structure, the aforesaid period of 15 (fifteen) days may be extended up to 30 (thirty) days. 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 Employer’s Engineer shall review any revised Reports, Designs and Drawings sent
to it by the Contractor and furnish its comments within 10 (ten) days of receiving such Reports, Designs and Drawings.
4.3 The Employer’s Engineer shall review the (a) Quality Assurance Plan (b) Health, Safety
and Environmental Management 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. The Employer’s Engineer shall ensure the Contractor’s Project Management requirements, BIM and CAD requirements regularly on a monthly basis to the Employer/ PMNC.
4.4 The Employer’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 Not used
4.6 The Employer’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Employer / PMNC and the Contractor within 7 (seven) days of receipt of such report.
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4.7 The Employer’s Engineer shall inspect the Construction Works and the Project Roads 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 Employer’s Engineer shall include in its Inspection Report, the compliance of the recommendations made by the Safety Consultant.
4.8 The Employer’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 Employer’s Engineer may require.
4.9 For determining that the Works conform to Specifications and Standards, the Employer’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 relevant Codes or any modification/substitution thereof and standards for shall be deemed to be Tests conforming to Good Industry Practice for quality assurance.
4.10 The Employer’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 Employer’s Engineer in accordance with the Quality Control Manuals and/or the relevant Codes and Standards. 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 Employer’s Engineer shall require the Contractor to carry out remedial measures.
4.13 The Employer’s Engineer may instruct the Contractor to execute any work which is
urgently required for the safety of the Project Works, whether because of an accident, unforeseeable event or otherwise; provided that incase 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
Employer’s Engineer shall undertake a review of the progress of Construction and identify potential delays, if any. If the Employer’s Engineer shall determine that completion of the Project Works 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 Employer’s Engineer shall review the same and send its comments to the Employer / PMNC and the Contractor forthwith.
4.15 The Employer’s Engineer shall obtain from the Contractor two copies of all the
Contractor’s quality control records and documents before the Completion Certificate is issued pursuant to Clause 12.4.
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4.16 Employer’s Engineer may recommend to the Employer / PMNC Suspension of the
whole or part of the Works if the work threatens the safety of the Users and pedestrians. After the Contractor has carried out remedial measure, the Employer’s Engineer shall inspect such remedial measures forthwith and make a report to the Employer 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 Employer’s Engineer to inspect such Works, the Employer’s Engineer shall inspect the suspended Works within 3 (three) days of receiving such notice, and make a report to the Employer / PMNC forthwith, recommending whether or not such Suspension may be revoked by the Employer.
4.18 The Employer’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 Employer’s Engineer shall act under and in accordance with the provisions of Article 12 and Schedule-K.
5.0 Maintenance Period
5.1 The Employer’s Engineer shall aid and advise the Contractor in the preparation of its
monthly Maintenance Programme and for this purpose carry out a joint monthly inspection with the Contractor.
5.2 The Employer’s Engineer shall undertake regular inspections, at least once every month,
to evaluate compliance with the Maintenance Requirements and submit a Maintenance Inspection Report to the Employer / PMNC and the Contractor.
5.3 The Employer’s Engineer shall specify the Tests, if any, that the Contractor shall carry
out, or cause to be carried out, for the purpose of determining that the Project Works is in conformity with the Maintenance Requirements. It shall monitor and review the results of such Tests and the remedial measures, if any, taken by the Contractor in this behalf.
5.4 In respect of any Defect or deficiency referred to in Paragraph 3 of Schedule-E, the
Employer’s Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit.
5.5 The Employer’s Engineer shall examine the request of the Contractor for closure of any lane(s)/utilities lines of the Project Roads and/or Services for undertaking Maintenance/repair thereof, and shall grant permission with such modifications, as it may deem necessary, within 5 (five) days of receiving a request from the Contractor. Upon expiry of the permitted period of closure, the Employer’s Engineer shall monitor the reopening of such lane(s), and in case of delay, determine the Damages payable by the Contractor to the Employer under Clause 14.5.
6.0 Determination of costs and time
6.1 The Employer’s Engineer shall determine the costs, and/or their reasonableness, that
are required to be determined by it under the Agreement.
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6.2 The Employer’s Engineer shall determine the period of Time Extension that is required
to be determined by it under the Agreement.
6.3 The Employer’s Engineer shall consult each Party in every case of determination in accordance with the provisions of Clause 18.5.
7.0 Payments
7.1 The Employer’s Engineer shall withhold payments for the affected Works for which the
Contractor fails to revise and resubmit the Drawings to the Employer’s Engineer in accordance with the provisions of Clause 10.2.4 (d).
7.2 Employer’s Engineer shall -
(a) within 15 (Fifteen) 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 the amount so determined as stage 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 Employer / PMNC and the Contractor an Interim Payment Certificate certifying the amount due and payable to the Contractor, after adjustments in accordance with the provisions of Clause19.10.
7.3 The Employer’s Engineer shall, within 15 (fifteen) days of receipt of the Quarterly
Maintenance Statement from the Contractor pursuant to Clause19.6, verify the Contractor’s statement and certify the amount to be paid to the Contractor in accordance with the provisions of the Agreement.
7.4 The Employer’s Engineer shall certify final payment within 30 (thirty) days of the
receipt of the final payment statement of Maintenance in accordance with the provisions of Clause 19.16.
8.0 Other duties and functions The Employer’s Engineer shall perform all other duties and functions as specified in the Agreement.
9. 0 Miscellaneous
9.1 A copy of all communications, comments, instructions, Drawings or Documents sent by
the Employer’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results with comments of the Employer’s Engineer thereon, shall be furnished by the Employer’s Engineer to the Employer /PMNC forthwith.
9.2 The Employer’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.
9.3 Within 90 (ninety) days of the Project Completion Date, the Employer’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 Employer , reflecting the Project ............................................. as actually designed, engineered and constructed,
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including an as-built survey illustrating the layout of the Project Works and setback lines, if any, of the buildings and Structures forming part of Project Facilities; and shall hand them over to the Employer against receipt thereof.
9.4 The Employer’s Engineer, if called upon by the Employer /PMNC or the Contractor or both, shall mediate and assist the Parties in arriving at an amicable settlement of any Dispute between the Parties.
9.5 The Employer’s Engineer shall inform the Employer /PMNC and the Contractor of any
event of Contractor's Default within one week of its occurrence.
9.6 The Employer’s Engineer, if called upon by the Employer/ PMNC, shall attend the meetings on Project reviews, discussions to be held at Employer/ PMNC office with required reports and presentations.
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Schedule O - Forms of Payment Statements
(See Clauses 19.4.1, 19.6.1, and 19.8.1)
Contents
1 - Stage Payment Statement for Works
2 - Monthly Maintenance Payment Statement
3 - Contractor’s claim for Damages
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1. Stage Payment Statement for Works
The Stage Payment Statement for Works shall state:
(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 up to the last claim:
(i) For the Works executed (excluding Change of Scope orders);
(ii) For Change of Scope Orders, and
(ii) Any deductions
(iii) Taxes deducted
2. Monthly Maintenance Payment Statement
The monthly Statement for Maintenance Payment shall state:
(a) the monthly payment admissible in accordance with the provisions of the Agreement;
(b) the deductions for maintenance work not done;
(c) net payment for maintenance due, (a) minus (b);
(d) amounts reflecting adjustments in price under Clause 19.12; and
(e) amount towards deduction of taxes
3. Contractor’s claim for Damages
Note: The Contractor shall submit its claims in a form acceptable to the EMPLOYER/ PMNC.
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Schedule P - Insurance
(See Clause 20.1)
Contents
1 Insurance during Construction Period
2 Insurance for Contractor’s Defects Liability
3 Insurance Against Injury to Persons and Damage to Property
4 Insurance to be in Joint Names
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1. Insurance during Construction Period
1.1. The Contractor shall effect and maintain at its own cost, from the Appointed Date till
the date of issue of the last Completion Certificate, the following insurances for any loss or damage occurring on account of Non Political Event of Force Majeure, malicious act, accidental damage, explosion, fire and terrorism:
(a) insurance of Works, Plant and Materials and an additional sum of [15 (fifteen)]
per cent of such replacement cost to cover any additional costs of and incidental to the rectification of loss or damage including professional fees and the cost of demolishing and removing any part of the Works and of removing debris of whatsoever nature; and
(b) Insurance for the Contractor’s equipment and Documents brought onto the Site
by the Contractor, for a sum sufficient to provide for their replacement at the Site.
(c) The Contractor shall effect and maintain at its own cost, from the Appointed Date till the date of issue of the last Completion Certificate and during the full 4 year O&M period from the issue of completion certificate, the following insurances for any loss or damage occurring on account of Non Political Event of Force Majeure, malicious act, accidental damage, explosion, fire, terrorism and War and Riots Protection Insurance
1.2 The insurance under paragraph 1.1 (a) and (b) above shall cover the Employer and the Contractor against all loss or damage from whatsoever cause arising under paragraph 1.1 other than risks which are not insurable at commercial terms.
1.3. “All risks of loss including theft of or damage to physical property and of personal
injury and death which arise during and in consequence of the performance of the Contract other than the Exceptional Risks are the responsibility of the Contractor. Any loss not insured or not recovered (including policy excesses etc.) from insurers shall be borne by the Contractor. All insurances shall be in the joint name of contractor and the Employer. The contract shall maintain a Contractors All Risk Policy (CAR) for the entire duration of the contract including O&M period for the entire facility” The Contractor shall also take additional covers (Add-On covers) insurance like Third Party Liability, Surrounding properties, Clearance and Removal of debris, Cross liability, Express Freight, Extended Maintenance Cover upto Final Takeover, etc. The sum insured for such Add-On covers shall be decided by the CONTRACTOR based on his assessment and risk involved in the contract. Risks to be covered by insurance shall not be limited merely to the items mentioned above. The CONTRACTOR shall arrange for insurance of any other risks he may deem prudent, but the expenses thereof shall be to the account of the contractor only full plant. If necessary, Transit and storage (all risks) insurance coverage for additional transit involved for sending equipment/material to Sub-Contractor/Fabricator’s shop for fabrication/ reprocessing and receiving back at site shall be taken.
2. Insurance for Contractor’s Defects Liability
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 or O&M period whichever is greater for any loss or damage for which the
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Contractor is liable and arises from a cause occurring prior to the issue of Completion Certificate. The Contractor shall also maintain other insurances for maximum sums as may be required under the 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 each Party’s liability for any loss, damage, death
or bodily injury which may occur to any physical property (except things insured under Paragraph l and 2 of this Schedule or to any person (except persons insured under Clause 20.9), which may arise out of the Contractor’s performance of this Agreement and occurring before the issue of the Performance Certificate. This insurance shall be for a limit per occurrence of not less than the amount stated below with no limit on the number of occurrences. The Insurance Cover shall be not less than: Rs. 20 Lakhs.
3.2 The insurance shall be extended to cover liability for all loss and damage to the
Employer’s property arising out of the Contractor’s performance of this Agreement excluding:
(a) the Employer’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 and unavoidable result of the Contractor’s obligations to execute
the Works. 4. Insurance to be in joint names
The insurance under paragraphs 1 to 3 above shall be in the joint names of the Contractor and the Employer .
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Schedule Q - BIM and CAD Requirements
(See Clause 3.1.7 K)
Contents
1 - Objective
2 - General
3 – BIM Modelling
4 – Recommended Software Requirement
Annex - I - CAD Guideline
Appendix - A - AutoCAD Layer Definitions
Appendix - B - Useful Tables for AutoCAD
Appendix - C - Drawing Type and Drawing Number Series
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1. OBJECTIVE
The Employer mandates the use of advanced computer based dynamic 3D-model
driven approach for the detailed planning, design, engineering, construction and operation of the DMIC nodes to allow simulation, visualization and engineering analysis of all transportation, utility, building, civil works and geospatial infrastructures.
This includes an aggregate dynamic 3D Building Information Model (BIM) for the city infrastructure systems with 3D building models. 3D civil infrastructures, 3D models for rail, roads and underground and above ground utilities systems participating.
3D infrastructure modelling tools shall be used to develop and produce project models and simulations (e.g. in case of natural calamity etc.) as required for submittals.
The 3D infrastructure Information Models are to be used throughout the design, construction and operational life-cycle of the asset, including but not limited to for system collision detections, materials quantification, construction sequencing and carbon impact analysis.
3D infrastructure models use shall be maximized for project reviews, decision support, design analysis, and quality assurance during all phases of this program.
2. GENERAL
2.1. Purpose
2.1.1. The purpose of the 3D Building Information Modelling (BIM) requirements
describes the use of computer aided design (CAD), geographical information (GIS) and building information modelling (BIM) for the work under the Contract.
2.1.2. These requirements shall be used as a reference for the Design & Build Contractor to develop specific Work Package BIM Execution Plan (BEP) that shall detail the specific CAD/GIS/BIM software used within the Work Package to control the specific BIM and CAD process. The outputs from this process will be drawings and 3D models as PDF’s that will be input to the Project Management Information System.
2.1.3. BEPs establish the methodology for managing the production, distribution and quality of the design information generated by CAD, GIS and BIM systems, using a disciplined process for collaboration and a specified file and model naming policy.
BIM Project Execution Plan Overview Information: Document the reason for creating
the Project Execution Plan. Project Information: The Plan should include critical project information such as
project numbers, project location, project description, and critical schedule dates for future reference.
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Key Project Contacts: As part of the reference information, A BIM Plan should include contact information for key project personnel.
Project Goals / BIM Objectives: This section should document the strategic value and specific uses for BIM on the project as defined by the project team in the initial step of the planning procedure.
Organizational Roles and Staffing: One of the primary tasks is to define the coordinator(s) of the BIM planning and execution process throughout the various stages of the project. This is particularly important when identifying the organization(s) who will initiate the development of the BIM Plan, as well as the required staff to successfully implement the plan.
BIM Process Design: This section should clearly illustrate the execution process through the use of process maps which are developed in the second step of the planning procedure.
BIM Information Exchanges: The model elements and level of detail required to implement each BIM use should be clearly defined in the information exchanges requirements.
BIM and Facility Data Requirements: The owner’s requirements for BIM must be documented and understood.
Collaboration Procedures: The team should develop their electronic and collaboration activity procedures. This includes the definition of model management procedures (e.g., file structures, and file permissions) as well as typical meeting schedules and agendas.
Model Quality Control Procedures: A procedure for ensuring that the project participants meet the defined requirements should be developed and monitored throughout the project.
Technology Infrastructure Needs: The hardware, software and network infrastructure required to execute the plan should be defined.
Model Structure: The team should discuss and document items such as model structure, file naming structure, coordinate system, and modeling standards.
Project Deliverables: The team should document deliverables required by the owner. Delivery Strategy / Contracts: This section should define the delivery strategy which
will be used on the project.
2.2. Scope
2.2.1. This BIM requirement document outlines the roles and responsibilities that are necessary for a successful collaborative 3D Building Information Modelling (BIM) approach.
2.2.2. The Project Management Information System (PMIS) and Common Data Environment (CDE) will be mandated for the structure and the controlled sharing of the building information with known provenance and status in a multi-disciplinary environment.
2.3. BIM Uses
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2.3.1. BIM uses that have been established as required thus far are:
BIM Uses Description/Comments
Existing Conditions Modelling
This will require the gathering of existing conditions information from a range of sources, and validating the quality, accuracy and reliability of that information for use on the project. The physical extent of what is needed to be modelled is to be determined, based on location, physical/spatial/visual relationship and potential impact on the project. Areas or elements identified as posing risk to the project should be communicated clearly to inform future risk mitigation efforts. In the absence of anything better, a default standard will be used to achieve this.
Site Analysis
The site context should be understood thoroughly and acknowledged within the design, accounting for factors that may impact on siting/position of proposed construction works, such as interfaces with existing structure or services, vistas, nearby land use, hydraulic analysis, geo tech and topographic conditions, site access/egress issues, traffic flows, other infrastructure and so on.
Design Authoring
A process in which software is used to develop a Building Information Model based on criteria important to the communication of the building's design. Two types of software applications are core to the BIM-based design process: design authoring tools and audit and analysis tools. Authoring tools are used to create models while audit and analysis tools draw from or enhance the richness of information in a model. Most audit and analysis tools can be used for Design Reviews and Engineering Analysis BIM Uses. Design authoring tools are required in the first instance, and employ a powerful database of properties, quantities, means and methods, costs and schedules.
Design Visualization
The BIM can be used to generate rendered images, animated fly-throughs and read-only versions of the model as requested by the Client (with due notice) to support effective communication of the design intent of the building. This is critical for stakeholder engagement at a number of levels and project stages.
Interference Detection
General coordination will take place during early design via visual inspection and design coordination workshops. In particular, coordination efforts will be applied to key pinch points, such as cores, risers, plenum spaces, and plant areas. Aggregation/intensity of interferences detected will further inform priority zones and element types. Late in the design process, and particularly for preconstruction planning (during early Construction stage), interference severity criteria will be defined and interference rules configured that will support element-level coordination. Good interference rule definitions will be key to avoiding ‘false positives’ and ensuring efforts are spent on eliminating real issues.
Design Review
A process in which stakeholders interrogate and interact with a 3D model to validate various design criteria. These may include evaluating the ability to meet the program, previewing spatial or visual relationships in a virtual environment, layout, sightlines,
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2.4. Definitions
2.4.1. The following terms are specific to the BIM requirements:
3D Building Information Modelling and Management (BIM): The managed approach to the collection and exploitation of information across the life cycle of a built environment asset. At its heart are computer generated 3D and 2D models containing all graphical and tabular information about the design, construction and operation of the asset.
BIM Execution Plan (BEP): The BIM Execution Plan (BEP) is to be submitted to address the issues raised in the EIR and then with more detail post- contract award to explain the contractors methodology for delivering the project using BIM.
BS1192: Collaborative production of architectural, engineering and construction information. Code of practice.
Project Management Information System (PMIS): A Common data environment (CDE) — a single source of engineering information for the project. It is used to collect, manage and disseminate all relevant approved project documents.
ECM (Engineering Content Management): Set of hardware/software and processes that control the engineering content of CAD models and drawings together with their versions within the constraints of the PMIS.
Geospatial System: Name or description of the system of spatial referencing by coordinates used for geographical information.
COBIE: Construction-Operations Building Information Exchange – a standard spreadsheet data format that controls the transition of as built data into operations and maintenance.
Uniclass: Unified classifications for the construction industry. Workspace: A predefined folder structure containing configuration and content
relevant to the specific application.
lighting, security, ergonomics, acoustics, textures and colors, etc. This BIM use can be achieved with the BIM software, a computer and display, and someone to ‘drive’ the model.
Planning of Construction Scheduling and Sequencing
This focuses on planning or staging and sequencing of major works, predominantly for stakeholder communication and buy-in, in order demonstrate that the design is buildable. The contractor shall adhere to employers preferred systems on the construction methodology to be employed, and would be responsible for modelling and communicating this as part of their work. Typically this is something that engineers are able to provide (as part of validating design approach), though for actual works by the contractor, the contractor will be responsible.
Record Modelling
This entails updating the project federated model to represent an as-built record of the as-constructed works. The basis for the model updates is currently sketches and other records provided by the contractor to the design team during construction. The precise level and method of field verification that is to occur is yet to be determined.
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Master Document Index (MDI): A list of agreed model file and drawing deliverables produced by the Contractor against agreed milestones.
2D/3D Model: A design model with entities having two/three-dimensional properties which are coordinated to the agreed geospatial reference system.
Model composite: A model file containing multiple references of 2D/3D models coordinated using a common geospatial reference system to form a complete model representation of the information.
Model extraction: A 2D model file containing elements generated from an external 3D model, usually in the form of sections, elevations and plans. Can contain graphical or non-graphical content.
Model files (MD2/MD3): Native CAD files that can be in the form of a 2D or 3D model.
Model rendition (MDR): Output from a model file, model renditions provide static ‘snap-shots’ in a form that enables the information to be viewed, printed and marked up.
Output file: A generated rendition of graphical or non-graphical information (a plan, section, elevation, schedule, table or other view of a project).
Model view: The view within CAD files which contains entities or reference files using real—world coordinates
Originator: The author of models, drawing and documents. Production drawing: An immutable electronic plot (PDF) produced from a drawing
definition, having received all necessary reviews prior to issue. Zone: A manageable spatial 2D or 3D subdivision of a model allowing more than one
person to work on the model, floor plan or staircase etc. at a time. Each zone is a reference file and when all references are viewed in a ‘model composite’ the full model shall be represented.
Status: Defines the ‘fitness’ of information in a model, drawing or document WIP: Work In Progress: each individual company or discipline’s own work. This is
information that has not been issued or shared with other parties. Refer to BS1192. Shared: Information that has been reviewed and is available to other parties. Refer to
BS1192. Published: Documents and other data outputted from Shared information. Typically
this shall include contract drawings, reports and specifications but can also include information for data exchange between BIM software, such as LandXML, IFC files. Refer to BS1192.
Component: An individual building element that can be reused. Examples include doors, stair cores, furniture or internal room layouts, facade panels, etc. Components are typically inserted and moved/rotated into the required position.
Assembly: A composition or collection of components and/or modelled elements arranged to define part or all of a building model, structure or site. An Assembly typically contains information that can be referenced without repositioning.
Container: An optional ‘parent’ repository which can be used to compile assemblies and components for specific purposes including export and publication. A Container can exist for each individual profession/discipline or for multiple disciplines, for buildings or for a complete project.
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Layer/Level: Attribute given to entities within CAD files that enables their visibility to be controlled. Further values may be assigned to the attribute to control whether it can be edited or deleted.
IFC: Industry Foundation Class is a neutral and open specification file format. The data model facilitates interoperability between object based software platforms.
LandXML: LandXML is a specialized XML data file format containing civil engineering and survey measurement data commonly used in the Land Development and Transportation Industries.
2.5. Responsibility
The Design and Build Contractor shall provide: A structured BIM approach to the production of all required design and as built data and information for these Works under the Contract, modelled on BS1192 Collaborative production of architectural, engineering and construction information; Code of practice; Evidence that an all discipline integration, coordination and resolution process has
taken place in a collaborative 3D object orientated CDE, the outputs of which meet or better the Employer’s Requirements;
A uniform and interoperable software/hardware platform across the entire Work Package, in that any software used shall be consistent with the principles of the sharing of multi-disciplinary object data in a CDE; That data shall include geometry and object attributes; Compatibility between software and hardware platforms, including processes for any interfaces with other Work Packages, as to ensure seamless integration at all areas of overlap;
An Engineering Content Management System (ECM) which shall be configured to the CDE workflows consistent with those set out in BS1192 and integrate with Employers PMIS
Access to the (ECM) for the Engineer; Structured data sets:
Detailed Design Stage 1 Detailed Design Stage 2 As-Built Drawings
The data sets shall include all plot composition files and associated references, all
models and associated references, all associated object and attribute data in mandated format; All renditions of the above (PDFs) all as listed in the Master Document Index (MDI);
A copy of the database from the ECM system and its files store; All data in a structured (Level/Layer/Filename) format consistent with UK AEC Uniclass. All As-Built data in a structured (format) consistent with the Construction
Operations Building Information Exchange (COBie) format;
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Suitability trained personnel with the appropriate capabilities to execute the specific roles and responsibilities as outlined this BIM requirements, CAD and GIS manuals contained herein;
2.5.1. The Engineers BIM Manager:
Defines the Program BIM requirement; Ensures the BIM process serves the engineering and business requirement during
the design and build phase of the works; Ensures that data schema declared for the program serves the engineering
requirements of the design and build phase of the Works; Ensures industry best practice is utilized for the BIM implementation and to facilitate
the transition of design and as built data into operational data and information for SIA. Ensures seamless integration with other adjoining/other relevant contract work
packages
2.5.2. The Contractors BIM Manager:
Produces a general BIM implementation plan for their specific Works package, together with the Contractor’s Design Coordination Manager, containing:
Statements on how the work packages shall be zoned, the level of BIM resolution required in what zones, the number of specific discipline models that will be included what level of detail each of these models shall achieve for each stage for the design and build workflow.
Statements on the level of program integration and construction sequencing with the BIM model.
Statements on how the interface with other Works packages shall be achieved and managed.
Ensures the Contractors BIM systems are providing the tools, process is centred on the delivery of structured, coordinated and accurate information.
Ensure that all CAD. GIS. BIM data is compatible consistent and accurate and all BIM processes are compliant with BS 1192.
Ensures the Contractors BIM processes serves the engineering and business requirement of managing multi-discipline collaborative workflows, CAD QA, Clash resolution, program linkage and construction sequencing.
Coordinates the project needs for IT solutions. Coordinates the agreed project BEPs and updates to the BEPS. Ensures compliance with those standards and methods. Shall be responsible for resolution of all interdisciplinary/other contract work
packages and interface resolution. Provides the focal point for all file and document management issues in the project Ensures that all information is compliant with standards and that each model or file
has been signed off ‘fit for purpose’.
2.5.3. The Contractors Lead Designer:
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Manages the design, including information development and approvals. Confirms the design deliverables of the design team, establishes the zone strategy
and ownership. Signs and approves the documentation for detail design coordination on and prior to
passing to ‘shared’. Ref BS 1192 workflow.
2.5.4. The Contractors CAD Manager:
Ensure that all CAD models and drawings are delivered to the SIA use agreed IT solutions, and are according to the agreed project requirements.
Ensure that all object attribute data is structured and is compliant with the project SMPs Ref BS1192. This role should be responsible to the Contractor’s BIM Manager.
Completion of a table of names assigned to the roles described above and submit it to the client as a reference document.
Ensure that all drawing production shall be in line with CAD Guidelines given in Annexure – I of this Schedule Q.
2.6. The Engineering Content Management (ECM) System
2.6.1. The Contractor shall produce ECM system information sufficiently detailed to produce traditional drawings or documents as views of multi-authored data.
2.6.2. The Contractor shall develop and utilize a suitable ECM system that allows for a suitable permissions matrix, workflow, referencing, version control, process and information hierarchy that is consistent with the principles of the CDE for all models and drawings.
2.6.3. The Contractor shall provide access to the ECM system for the Engineer.
3. BIM MODELLING
3.1. Design Authoring Requirements
3.1.1. Model Accuracy and Tolerances: Models will include all appropriate dimensioning as
needed for design intent and assessment. See Level of Detail (LoD) and included model elements.
3.1.2. Modelling Units: The following units shall be used for developing modelling content. The relevant scale factors and adjustments shall be incorporated when federating models with dissimilar units:
4. Recommended Software Requirement:
Function Software Version* Operating System
x 3D Infrastructure Autodesk Civil 3D 2014
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Modeling Bentley MX Road/ In Roads
SELECT Series 3
Windows 7 (64 Bit
Recommend ed)
x 3D Rail nfrastructure
Bentley Rail Track
SELECT series 2
x 3D BIM modeling for Buildings
Autodesk Revit 2014 AECOsim Building SELECT Series 3
x Project Review and coordination 5D Schedule Simulation
Autodesk Navis works Manage
2014
Bentley Navigator
SELECT Series 5
x 3D BIM and GIS
integration/ coordinati on
Autodesk Infra works 2014
Bentley Micro Station SELECT Series 3
Water Network Modeling
Bentley Water GEMS SELECT Series 3
Sewer Network
Modeling Bentley Sewer GEMS SELECT Series 4
Storm Network
Modeling Bentley Storm CAD SELECT Series 3
Structural Analysis STAAD Pro SELECT Series 5
Drafting AutoCAD 2014
GIS Bentley Micro Station SELECT Series 3
ArcMap 10
Publishing Publish read only single file containing graphical and non-graphical attribute information for multi discipline BIM
i-model Plug-in’s - For Revit - For Adobe (Reader)
Latest
3D/2D Models, Drawings and Maps
Autodesk DWG True View Latest
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Annex – I
(Schedule - Q)
CAD Guideline
1 OVERVIEW
1.1 Purpose
Programme Manager for New Cities (CH2MHill) has initiated to manage a program that will assist in standardizing the use of CAD across all departments. The primary goal is to create an environment for seamless integration/collaboration between all disciplines & business lines of all consultants/contractors regarding the use of CAD for production of any drawing. The document will achieve this through setting out the Guideline for drawing data production. This will then enable drawing data to be incorporated into the Aurangabad Industrial Township limited (AITL) GIS.
1.2 Application
This CAD standard shall be applied to all disciplines in all offices and design houses working in this Project. The scope of this document is to provide guidelines and procedures for adopting AutoCAD layering standards in preparing design and as-built drawings for automated transference to DMICDC GIS. This Guideline will address the following:
i. Layer assignments,
ii. Standard symbols
iii. Layers and layer names,
iv. Attributes to each feature,
v. Templates,
vi. Colour usage associated with line widths for all Highways and Utility drawings.
The Guideline are to be applied for all drawings from Concept through to As Built handover stage.
2 Filing and Storage of Drawings
2.1 Filing and Storage of Drawings
In order that the project information is readily accessible it is essential that all drawing data is filed and stored in a consistent and logical manner.
2.2 Electronic Copies
All electronic drawing and sketch files associated with a particular project shall be filed within the project folder.
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2.3 Folder Structure
The standard folder structure for CAD data is as shown in Figure 1 below, it adopts the Code of Practice BS1192:2007 on Common Data Environment for collaborative working.
Figure 1:
2.4 Folder Name: Project Number and Title
This can be under the main office or discipline folder, or, if the number of files would render lists unwieldy, then further sub-folder are permissible. Folder names are not to include any symbols.
2.5 Sub Folder Name: CAD
Contains drawings and digital information organised as shown in Figure 1.
In a multi-disciplinary office the main sub-folders defined below may be sub-divided as necessary into the relevant disciplines:
2.5.1 Sub Folder Name: WIP (Work in Progress)
Contains the current working project drawings and sketches. This is where all files currently in the iterative process of design have not yet been approved to be shared.
This folder shall contain further sub-folders which can be amended to suit Project requirements.
2.5.2 Sub Folder Name: Shared
Contains verified, checked and approved CAD data for use by others for reference. This folder will hold the project specific drawings such as title frames, references, images, etc.
This folder shall contain further sub-folders which can be amended to suit Project requirements
2.5.3 Sub Folder Name: Published
Contains all final published sheet files, figures or sketches. This folder must contain the last issued Models/Xrefs. Data filed in this area shall never be deleted or overwritten, but will remain until archived.
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2.5.4 Sub Folder Name: Archive
Contains all previous issues and superseded data. This folder is to allow retrieval of previously issued drawings at certain stages of design decisions. This folder will provide an audit trail of documentation and changes through the life of the project.
2.5.5 Sub Folder Name: Received
Contains read only copies of design data which have been received from Third Party sources or Stakeholders and will contain further sub-folders to identify the source and date of receipt.
The Received folder can be directly under the main project folder structure, under CAD or wherever the PMNC’s find it suitable. The vital concern is that a folder must be dedicated for incoming issues, where a full archive of all received information is stored with an audit trail that is related to the sending company and the date received and the current copy is easily identifiable throughout the project.
2.6 Collaborative Working Figure: 2 Application of code of practice BS 1192:2007 on Common Data Environment (CDE)
i. Within WIP folder each discipline can create a folder structure to suit its needs.
ii. Common resource files such as title sheets, mapping, surveys, imagery and
other shared CAD data must be available to all disciplines in the Shared area.
iii. Once data has been checked, verified and approved, it must be copied to the
Shared area and other disciplines notified.
iv. When models are revised or updated; other disciplines referencing the model will be affected, so effective communication between disciplines is essential.
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v. When data files have been authorised and verified for issue, it is copied to the
Published area, to maintain a local copy within the design organization’s server.
vi. The previous version of the data in the Published area shall be moved to the
Archive area as a historical record and to maintain an audit trail.
2.7 Hard Copies
The print containing the original stamped, checked and approved signatures becomes the hard-copy 'master plot' for the drawing. See Section 3.3.13.
2.7.1 Drawings
The Project Implementation Plan (PIP) will define the area where the hard-copies for projects are to be filed.
The electronic version of the master plot of the drawing shall be known as the ‘reference master’. The reference master, if required, shall be utilised for the electronic issue of the file.
Superseded master plots shall be retained and endorsed "superseded".
2.7.2 Check Prints
All completed and signed check prints shall be filed within the drawing office by the drafting checker in an area in accordance with the Project Implementation Plan (PIP).
All check prints are to be retained at least for the term of the project unless otherwise agreed with the PMNC. No check prints are to be disposed of without the consent of the Project Manager.
3 DRAWING DEVELOPMENT
3.1 Drawing Numbering System
The drawing numbers are to be entered into the drawing register during creation of the drawings so as to eliminate duplicate drawing numbers being assigned. The drawing number shall be unique for each drawing and will normally be in the form:
Table 1
Originator code
Project Name
-
Discipline /
Drawing Type code
-
Document code
Drawing Number
-
Sheet No
Example CH2MHILL - SBIA - SWD - DWG 1001 - 00
1
See Reference
3.1.1
3.1.2 3.1.3 3.1.4
3.1.5
Fields will be separated by a hyphen ( - )
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3.1.1 Originator Code
A three letter code to identify who prepared the drawing. Refer to Appendix C.
3.1.2 Project Name
Refer to Appendix C
3.1.3 Drawing Type/ Discipline code Two letter code to assist in identifying a discipline or type of drawing (i.e. HW for Highways, ST for Structures, SK for Sketch, etc.). Refer to Appendix C.
3.1.4 Document Code
Two letter code to assist in identifying type of document. Refer to Appendix C.
3.1.5 Drawing Number Code
Four digits sequential number for a specific drawing type series. Refer to Appendix C. Subsequent issue of a drawing shall have the revision coding incremented by the next sequential number or letter. Note #3: Working drawings shall not have the drawing status and revision in the file name.
3.2 Model File (Xref) Naming
Model Files shall be named in accordance with the convention described below
Table 3
Model type
Identifie
Originator code
Project Name -
Discipline code -
Short Description
Example D2 CH2MH
ILL - SBIA
-
HW
-
Proposed _Centre_
line
See Reference
3.2.1
3.1.2
3.1.3 3.1.4 3.2.5
Example – CH2MHILL – SBIA-HW - Proposed_Centre_Line
3.2.1 Model Identifier Code
This code identifies the model file if it is in 2D or 3D drawing as defined below:
Table 4
Description Model Type Identifier
2D Model D2
3D Model D3
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3.2.2 Originator Code
A three letter code to identify the PMNC who prepared the drawing. Refer to Appendix C.
3.2.3 Project Name
Refer to Appendix C 3.2.4 Drawing Type/ Discipline code
Two letter code to assist in identifying a discipline or type of drawing (i.e. HW for Highways, ST for Structures, SK for Sketch, etc.). Refer to Appendix C.
3.2.5 Short Description Field
A short description of the model/X ref file. An underscore is to be used in place of any spaces in the description field.
Working models shall not have the drawing status and revision in the file name.
3.3 Drawing Title Blocks and Signatures
A standard drawing arrangement (drawing border and title block) shall be adopted for all drawings and shall be consistent across all drawings within the project. Title block entries shall be concise and informative to indicate fully the content of the drawing.
3.3.1 Drawing Title
i) The top line shall identify the specific area or section within the contract, i.e.
“HIGHWAYS”, or it may be left blank where no such area or section exists.
ii) The second third and fourth lines shall identify the content or purpose of the drawing, i.e. “TRAFFIC SIGNS AND ROAD MARKINGS”
iii) Where several drawings depict similar detail and no other qualifications are
available for distinguishing between them, the distinction shall be made by labelling each drawing consecutively with sheet numbers, such as “SHEET 1 OF 10”, “SHEET 2 OF 10”, etc. Figure 3
3.3.2 Drawing Status
The issue DRAWING STATUS box shown below (Figure 4) shall be completed to describe the current status of the drawing. Refer to Table 5 for the list of drawing status/stages:
Figure 4
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Table 5
Drawing Status
Concept Design
Preliminary Design
Detailed Design
Tender
Contract As Built
3.3.3 Project Name Field
For Project Name refer to Baseline Assessment Report on detailed list of projects.
Figure 5
3.3.4 Project Code Field
For PMNC-specific project codes refer to Baseline Assessment Report on detailed list of prioritized projects.
Figure 6
3.3.5 Drawing Creation Date Field
The drawing creation date shall be in the whole word format for Month and Year as highlighted below (Figure 7):
Figure 7
3.3.6 Revision History Table
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A concise description of each approved and issued revision shall be entered into the revision description column. The revision columns indicate the history and development of the drawing; therefore, the description shall be as informative as is practical.
Drawings that are issued under specific Submissions or Milestones sets shall have clear, consistent revision description that states the purpose of the submission. e.g. ISSUED FOR APPROVAL, etc.
Figure 8
The date shown in the revision history table shall be in the format DDMMMYY as highlighted in Figure 9 below
Figure 9
The months shall be abbreviated as shown in table 6 below:
Table 6
Abbreviation Month
Abbreviation Month
JAN January JUL July
FEB February AUG
August
MAR March
SEP September
APR April
OCT October
MAY May
NOV
November
JUN June
DEC December
The date of completion of the revision and the initials of the person effecting the revision shall be stated.
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The earliest revision descriptions shall be deleted when there is no space to include the current revision within the revision column.
3.3.7 Drawing Number Field
Drawing number field shall be completed as highlighted box below:
Figure 10
Refer to Section 3.1 for drawing numbering convention.
3.3.8 Revision Field Box
Revision field box shall be completed as highlighted below: Refer to 3.10.3
Figure 11
3.3.9 Name Fields
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The ‘Drawn’, ‘Designed’, ‘Checked’ and ‘Approved’ field boxes on the title block, as highlighted below, shall include the first name initial and the full last name of the person who performed or is responsible for the major portion of the work.
Figure 12
3.3.10 Drawing Scale Field
For completing the drawing scale field box in the title frame, refer to Section 3.6. A scale bar for presenting the scale of the drawing should be used in the drawing layout.
Figure 13
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3.3.11 Signatures
The revision history table shall contain the current issue revision number, date of issue, Drafter/Author, Checker, Approver signatures or initials and description of current revision.
Table 7
TITLE BLOCK CAD HARD COPY PDF COPY
DRAWN BY See 3.3.12 See 3.3.13 See 3.3.14
CHECKED BY See 3.3.12 See 3.3.13 See 3.3.14
APPROVER BY See 3.3.12 See 3.3.13 See 3.3.14
3.3.12 CAD Files
When issued, drawing files shall bear the typed CAD initials of the author, checker and approver on the revision history box.
Figure 14
3.3.13 Hard Copy
The original hard copy set to be submitted to PMNC shall be signed by hand and stamped. This set will become the control set for reference. The drawing shall bear hand signature of the drawing Approver beside his/her name in the Approved field box on the title frame as shown in Figure 15. Each drawing shall be stamped with the issuing company’s official stamp.
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Figure 15:Signed hard copy by Approver
Original hand-signed copy is required for all ‘Final’ drawings submitted for: Concept design, Preliminary design, Detailed design, Tender set, Contract set, GFC drawings (during construction) and As Built.
Subsequent hard copies of the submitted original do not have to be hand signed. Scanned copies of the hand signed drawing are permitted as long as the clarity of the drawing is not compromised. Alternatively, copies may be printed directly from CAD. It is acceptable for these not to contain a copy of the hand signature, but to bear typed initials instead.
3.3.14 PDF Copy
When Issued, PDF copy can be generated electronically from the cad file bearing the typed initials of the author, checker and approver.
3.4 Units
All general drawing work (e.g. Xrefs) are to be in model space and be produced in meters to three decimal places. Drawing borders to be in paper space and in millimeters.
e.g. 54.000
78.720 0.325
Dimensions in meters and using whole numbers, can be expressed using the ‘m’ (meter) suffix as in the following
45.000m
The position of the decimal point shall be the same as a full stop and no space shall be left between the number and its units, to ensure clarity, as in the following example:
5.800m
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All other non-linear measurements, e.g. areas and volumes, shall be followed by the unit symbol. The most common non-linear measurements are as follows
Square meter - m2
Cubic meter - m3
All detail drawing work (e.g. standard details) is to be in model space and be produced in millimeters in whole numbers (i.e. no decimal places).
e.g. 10000 787
Dimensions in millimeters using whole numbers, can be expressed using the ‘mm’ (millimeter) suffix as in the following
250mm
Chainages shall be in meters and written as shown
0+100 (Chainages in whole numbers can be written without the decimal
accuracy)
15+255.345
Chainages are plan measurements taken along a setting out line, and provide a horizontal distance not taking into account slope lengths.
3.5 Drawing Sizes
Drawing sizes shall conform to the International Standards Organisation (ISO). Sizes (in mm) are as follows: -
A0 – 1189 x 841 A1 – 841 x 594 A2 – 594 x 420 A3 – 420 x 297 A4 – 297 x 210
In general, all drawings shall be produced at the preferred A1 original size. The use of A0 size drawings shall be avoided wherever possible.
Each group or set of drawings shall use only one drawing size unless situations make this impractical.
3.6 Scales
Scales used on drawings shall be selected as indicated in the table below. Only standard metric scales shall be used. In all cases, the selected scale shall be large enough to permit easy and clear interpretation of the information depicted.
Specific scale requirements of particular drawings such as layouts will be as stated as per RFP.
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Table 8
Permitted scales 1:1 1:2 1:5 2:1 1:10 1:20 1:25 1:50 5:1 1:100 1:200 1:250 1:500 10:1 1:1000 1:2000 1:2500 1:5000 20:1 1:10,000 1:20,000 1:25,000 1:50,000 50:1
In exceptional cases where for functional reasons the recommended scale cannot be applied, intermediate scales may be chosen, provided that the required scale is of a whole number, such as 1:125, 1:150, etc.
The following scale notes shall be considered:
i. Number of scales on any one drawing shall be kept to a minimum.
ii. CAD entities shall be drawn at full scale (1 Drawing unit = 1 Measurement
unit). Final plotted scale shall be established during composition of the drawing layout for plotting.
iii. Originators using AutoCAD shall employ the PAPER SPACE/MODEL SPACE
facility to establish drawing layout and scales. All drawing entities shall reside in MODEL SPACE with the exception of view ports, general notes, revision clouding and its labels, title block and border.
iv. Where different scales exist, each scale shall be specified under the title of the
area of the drawing to which it applies and noted in the Title Block field as shown below:
Figure 16
v. Where a single scale is used on a drawing, it shall be specified within the title block only. (See the object area and shall be large enough to below). The scales selected shall depend on the object area and shall be large enough to permit easy and clear interpretation of information and ensure clarity of prints on the original as well as reduced copies i.e. A3 versions of A1 drawings.
Figure 17
vi. Where different scales are used for horizontal and vertical dimensions, such as
in profiles, each scale shall be clearly indicated on the drawing as shown below:
Figure 18
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vii. When the drawing is not drawn to any scale, ‘NTS’ (Not to Scale) shall be
placed in the title block as shown below:
Figure 19
Scale bars shall be shown on all drawings containing plans.
3.7 Key Plan
Where layout plans are produced on a number of drawings to cover the extent or section of the project, a Key Plan shall be included on each sheet, clearly indicating the section of the works under consideration. A dedicated box in the title frame is provided for the Key Plan as shown below.
Figure 20
3.8 Drawing Notes
Notes are to be numbered and positioned appropriately and shall include the following notes:
i. All Dimensions are in meters unless otherwise stated. (Only on drawings
drawn in meters)
ii. All levels are in meters (Only on drawings where this note is applicable)
iii. All dimensions are in millimeters unless otherwise stated. (Only on drawings drawn in millimeters)
3.9 General Notes
Where notes are extensive and apply on several drawings, a General Notes Drawing shall be provided which consolidates all notes. Deviation from these notes on a particular drawing may be permitted, provided this amendment is shown in the Notes section of the drawing.
Where a General Notes Drawing is used, the first note on each applicable drawing shall contain the following statement: -
“1. FOR GENERAL NOTES, REFER TO DRAWING NO. XXX”
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3.10 Drawing Revision 3.10.1 Revision Clouds and Triangles
Each area where changes/revisions made since the last issue / submission shall be ringed with a cloud and marked with an equilateral triangle containing the current revision letter. Revision clouds and its triangle label shall be placed on the paper space.
Arc length of cloud shall be 15 as a general rule to maintain consistency.
Revision clouds shall be 1.0mm thick (gray or colour 252) and triangles shall be placed on layer REV. Clouding and revision triangles denoting the previous revision shall be removed from the CAD file.
Figure 21
3.10.2 Revision Description
The date and description of the revision / issue shall be given in the revision history table on the title frame.
3.10.3 Drawing Revision Code This code identifies the drawing revision and shall be as defined in Table 11 below. Subsequent issue of a drawing shall have the revision coding incremented by the next sequential number or letter.
Table 9
Revision / Issue Code
R01,R02,R03….etc.
Note: As drawings move from one stage to another all historical revision history under that stage is to be removed from the revision history on the title block.
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3.11 Drawing Register and Transmittal Record
The issue of drawings shall be recorded on the drawing register and a transmittal provided by drawing originators containing like information. The drawing register shall be a concise and continuous record of drawing revisions and issue history.
The current revision indicator shall be recorded for each issue.
3.12 Checking and Approval of Drawings
During drawing production a system of continuous checking shall be employed by the PMNC to confirm that all CAD information fully complies with the conditions set out in this document.
It is imperative that all drawings are subjected to a Quality Assurance and Quality Control (QA/QC) check and are duly signed and authorised prior to issue.
Any drawing leaving the drawing office shall have been properly checked for presentation, clarity, accuracy, technical correctness and compliance with the relevant CAD Standard. Refer to the flow chart overleaf in Figure 22 for an overview of the checking procedure.
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Figure 22: Flow diagram showing overview of CAD drawing checking procedure
INITIAL DRAFTING
RAISE CHECK PRINT AMEND DRAWING NO ACTION REQUIRED
RAISE CHECK PRINT
DRAFTING CHECK PRINT ACTION REQUIRED
ENGINEERING CHECKING SIGN & FILE CHECK PRINT
RETURN TO DRAWING ORIGINATOR
PRODUCE FINAL PRINT & HAND SIGNED SIGNATURES OF CHECKERS & APPROVERS
CREAT PDF
(WHEN REQUIRED) ETRANSMIT CAD FILE
RECORD DRAWING ISSUE IN REGISTER
& COMPLETE TRANSMITAL
ISSUE
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ACTION REQUIRED
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3.12.1 Self Check
After preparation, the drawing shall be checked by the drawing originator and any required amendment to the drawing is to be carried out prior to handing over the check print for checking.
3.12.2 Drafting Check
Generally the Drafting Check must precede the Engineering Check.
The Drafting Check will normally be carried out by a person designated by the CAD Office representative/Manager.
The Drafting Check shall verify adherence to the Project Brief in conjunction with any applicable supplied criteria. The checker shall also make an assessment with respect to presentation, standard of workmanship and adherence to the CAD Standard Manual.
The Drafting Check shall, where deemed necessary, include an electronic check of the CAD File to ensure compliance with applicable standards and/or client requirements.
The check print shall be clearly marked by the checker with any required modifications.
Upon completion of the Drafting Check the checker shall then sign, date and highlight the required action to be taken.
Any amendment to the drawing requirements may, if required, be carried out prior to the Engineering Check and a new print raised, duly stamped and signed.
3.12.3 Engineering Check
The Engineering check will normally be carried out by a competent and relevant experienced Senior Engineer within the PMNC’s organization.
The Engineering check shall verify adherence to the design calculations, design standards and associated construction issues.
Upon completion of the Engineering Check, the checker shall then sign, date and highlight the required action to be taken.
3.12.4 Further drawing amendments
Upon completion of the Drafting Check and Engineering Check the completed check print shall be returned to the originator of the drawing for amendment of the drawing.
Where required, further check prints shall be raised and the checks repeated.
3.12.5 Approval
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Upon completion of the checking process, a clean print of the drawing shall be submitted to the relevant checkers for signature and to the designated authority for approval. This then becomes the controlled drawing for reference. The checker’s and approver’s initials together with the relevant dates shall be entered in the appropriate areas of the CAD file.
4.1 Drawing set up
i. All AutoCAD drawings should be produced & saved in AutoCAD version not lowers than 2009.
ii. Pre-defined project drawing templates will be used for setting the layers of
identifiable drawings (e.g. drainage, roads).
iii. Units in AutoCAD shall be set to meters for Infrastructure layouts and profiles and millimeters for detail drawings such as standard details.
iv. The CAD files provided will be in the current version of AutoCAD file format
used on the project.
v. Fonts and line types are to be followed as provided in this
manual.
vi. Files shall be purged before issue only.
vii. Drawing features/entities must be in model space. Title frames must be in paper space.
viii. The colour and line type of each entity is drawn on BYLAYER.
ix. All polygons shall be closed polylines.
x. Do not place entities on layer 0. This layer is for the creation of blocks only.
4.2 Line Work 4.2.1 Line Types
The following guidelines shall apply to the use of line types:
i. LINETYPE to be set BYLAYER. (Deviation: Standard AutoCAD Blocks)
ii. All layers shall have their entities set to ‘BYLAYER’
iii. All colours of AutoCAD objects to be BYLAYER. (Deviation: Standard AutoCAD
Blocks)
iv. The plotted appearance of line types shall be consistent across all drawings.
v. Modification of AutoCAD default source file is not permitted.
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vi. Lines on a drawing that cannot be represented by those in the default AutoCAD source file may be loaded from the approved Custom line types provided.
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4.2.2 Line Weights Table 10
Colour No. Display
Screen Color
Plotted Line Weight (mm)
Plotted Colour
SBIA_COL_
A1.CTSBIA_BW
_A1.CT1 RED 0.18 BLACK BLACK 2 Yellow 0.25 BLACK BLACK 3 Green 0.35 BLACK BLACK 4 Cyan 0.50 BLACK BLACK 5 Blue 0.70 BLACK BLACK 6 Magenta 0.35 BLACK BLACK 7 White 0.25 BLACK BLACK 8 Dark Grey 0.20 Object Colour BLACK 9 Light Grey 0.15 Object Colour BLACK
10 Object Colour 0.6 Object Colour BLACK 11-79 & 81-249 Object Colour 0.35 Object Colour BLACK
80 Object Colour 0.6 Object Colour BLACK
250-255 (Greys) Object Colour 0.15 Object Colour Object Colour
4.3 Text
4.3.1 General
i. The AutoCAD Styles shall have a default height setting = 0.
ii. Sloping, italic, and elaborate fonts are not permitted.
iii. The objective shall be to make all lettering highly legible so that information can be communicated with the minimal possibility of error in reading. Lettering sizes shall be chosen such that it shall remain legible when drawings are reduced to A3 size.
iv. Lettering shall be consistent, both in size and placement. Lettering sizes for
specific applications, such as notes or titles, shall not vary within the same drawing.
v. Lettering shall be uniform, clear, sharp and distinct. The mixing of lettering
styles, sloping, italic, and elaborate fonts shall not be permitted.
vi. All text shall be regularly spaced, upright and uppercase and not be underlined. Deviation: Titles under plans, details etc. are to be underlined.
vii. All text shall be left justified. Deviation: Titles shall be centre justified and
underlined.
viii. Specific notations shall be carefully placed so they relate to the portion of the drawing or detail to which they apply.
ix. The placing of notes through drawing lines is to be avoided.
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x. Leader arrows relating to specific text or annotation shall be placed in model
space with the detail it is referencing on the same layer as the text to which it relates.
啋4.3.2 Fonts
Permitted text fonts are as shown below:
Table 11
AutoCAD Style AutoCAD Font File CAD ISOCP ISOCP.SHX Technical/Engineering
drawings ARIAL ARIAL.TTF Presentation Drawings
4.3.3 Text Assignments
The table below indicates approved texts with their appropriate colour/application assignments:
Table 12
Plotted Text Height Width Factor Plotted
Line Usag
e
1.8
1
0.18
General text, Dimensions, Notes – used on A3 & A4 only where drawing is not
2.5
1
0.25
General text annotations, Dimensions, Notes
3.5
1
0.35
For more prominent notes or labels requiring
5.0
1
0.5
Normal Titles, Drawing Numbers, Section titles,
7.0 1 0.7 Major Titles
i. The preferred text height for general text and notes is 2.5mm.
ii. The text height adopted for a project shall be consistent across all drawings unless situations make this impractical.
4.4 Dimensioning
Automated dimensioning commands within CAD software programs shall be used for creation and editing of dimensions, as shown in table 16 below.
The editing of dimension values via basic text editing commands is not permitted. Dimensions shall be associative and placed on their own unique layer.
Table 13
Dimension Text
Extension Line Offset
Extension Line Extension
Stack Offset Arrow Size Centre Mark
2.5mm Dimexo = 2
Dimexe = 2 Dimdli = 6 25
Dimasz = 2 5
Dimcen = 1
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4.5 Standard Symbols and Blocks
In order to promote consistency, standard symbols shall be utilized. All blocks are to be inserted into the drawing on its appropriate drawing layer. Where a symbol required is not available from the blocks provided with this manual, symbols compliant to International standards shall be used. These new blocks shall be submitted to PMNC to update the list of standard symbols library for the programme.
All symbols shall be consistent within a drawing or set of drawings.
All blocks that need to be created as new blocks shall have all their elements saved on layer 0.
All symbols used within a drawing must be defined using a legend.
4.6 Hatching
Wherever possible, all hatching created shall be associative and placed on its own unique layer. Exploding of hatches must be avoided.
4.7 Colours
In AutoCAD, entity colour shall be assigned “By Layer”. Deviation can be on standard blocks, i.e. are Road signs blocks where specific standard colours are assigned for each.
4.8 Layering
CAD Layering shall be in accordance with PMNC AutoCAD Layering Standards as included in Appendix A of this document.
Additional layers may be required and the naming of such layers must be in the same format in accordance with PMNC AutoCAD Layering Standards as shown in Section 4.8.1.
4.8.1Layer Name Layout
Where new layers are to be created the AutoCAD layer naming convention is as follows:
1 2 3 RD_EX_CNRL Where: 1 = Department Designator 2 = Status / Section Designator 3 = Feature / Entity Designator
Department Designator (Field 1)
This code identifies the PMNC Department (i.e. B = Building Affairs, D = Drainage Affairs and RD = Roads Affairs.)
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Status / Section Designator (Field 2)
This code identifies the main classification of the type of element within a discipline. For example ‘’EX_SEW” describes as existing sewer.
Feature / Entity Designator (Field 3)
This code further identifies the entity description feature name. For example ‘’ABD” describes as the abandoned sewerage network.
4.8.2 List of PMNC Standard Layers
See Appendix A.
4.9 Models/Reference Files (Drefs)
i. Where CAD data is to be shared between drawings the use of reference files is to be adopted.
ii. All reference files are to be inserted in model space with the UCS set to ‘world’.
All files are to be inserted at 0,0,0.
iii. Unused reference files shall be detached upon completion of
drawings.
iv. The number of reference files on a project shall be kept to a minimum.
v. The preferred method of attaching Drefs shall be Overlay option.
vi. Reference files shall be inserted on unique layer that does not conflict with the general content of the drawing. (i.e. layer Z_DREF in AutoCAD).
vii. Reference files shall be “CLIPPED” within the Active drawing sheet file to ensure
that only the design data relevant to the drawing is displayed.
viii. Reference files issued externally or shared between departments shall indicate revised areas with a revision cloud and triangle. A revision history shall be maintained within the reference file. In AutoCAD, the revision history log shall be placed in paper space, see Figure 29 below.
ix. For Model File Naming refer to Section 3.2
4.10 Plotting
The following standard colour source files shall be used:
Table 14
Colour
Black and White
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Aarvee-SBIA--COL_A1.CTB
Aarvee-SBIA-BW_A1.CTB
This standard colour source file shall be flexible and can be adjusted to suit user’s need during plotting. When drawing files are required, CTB file used for the plotting of the drawing must also be submitted.
4.10.1 Date and File location update
These are field entities contained within the drawing border and are used to print the date and time of print, file location, file name, etc.
Figure 23
4.11 Data Submission Standards
All drawing files must conform to the AutoCAD layering standards set forth in this document.
4.11.1 Submission
Refer to Programme Management Information System (PMIS) and Document.
Management procedures on submission of drawing.
4.11.2 File Format
Digital submittals shall be in PDF format & CAD format. DWG files must be in ZIP format when submitted in soft copy in CD. Also refer to Document Management Procedures for submission of document.
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Appendix A – AUTOCAD LAYERS DEFINITIONS
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A.1 General Layers
CORE LAYERS NON DISCIPLINE
Layer Name Screen Colour
Line type Plotted Line weight
Description
Z_18TEXT red Continuous 0.18 TEXT AT RESPECTIVE HEIGHT
Z_25TEXT white Continuous 0.25 TEXT AT RESPECTIVE HEIGHT
Z_35TEXT green Continuous 0.35 TEXT AT RESPECTIVE HEIGHT
Z_50TEXT cyan Continuous 0.50 TEXT AT RESPECTIVE HEIGHT
Z_70TEXT blue Continuous 0.70 TEXT AT RESPECTIVE HEIGHT
Z_DIMS red Continuous 0.18 ALL DIMENSIONS
Z_DWG_GRID 251 Continuous 0.15 DESIGN ROAD FEATURE : GRID
Z_DWG_SHT white Continuous 0.25 DRAWING SHEET & TITLE BLOCK
Z_NORTH green Continuous 0.35 NORTH POINT
Z_REV yellow Continuous 0.25 REVISION CLOUD SAND TRIANGLE
Z_SECMK green Continuous 0.35 SECTION AND DETAIL MARKS
Z_XREF white Continuous 0.25 EXTERNAL REFERENCE (XREF)
GIS LAYERS
Layer Name Screen Colour
Line type Plotted Line weight
Description
GIS_ACQ_BDRY
20
ACAD_ISO13W10 0
0.25
LAND AQUISITION BOUNDARY
GIS_CADASTRAL red Continuous 0.18 CADASTRAL PLOT
GIS LAYERS
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Layer Name Screen Colour
Line type Plotted Line weight
Description
GIS_CNTRS 9 Continuous 0.15 CONTOURS
GIS_CNTRS_TEXT
red Continuous 0.18 CONTOURS TEXT
GIS_CSTL 90 Continuous 0.35 COASTLINE
GIS_FLOWLINE 8 Continuous 0.20 FLOWLINES
GIS_PPLN 252 Continuous 0.15 POLICY PLAN
GIS_RD01 121 Continuous 0.35 MAJOR ROAD
GIS_RD02 151 Continuous 0.35 MINOR ROAD
GIS_RD03 181 Continuous 0.35 STREETS
GIS_ROW_BDRY
170
PHANTOM2
0.35
PROPOSED RIGHT OF WAY BOUNDARY
GIS_ZONE 13 Continuous 0.35 ZONE
A.2 Drainage layers
A.2.1 Surface Ground Water
PROPOSED SURFACE GROUND WATER (SGW)
Layer Name Screen Colour
Line type Plotted Line weight
Description
D_PR_SGW
80
SGW_PR
0.6
PROPOSED SURFACE GROUND WATER LINES
D_PR_SGW_ATT
white Continuous
0.25
PROPOSED SGW ATTRIBUTES (ID, Diameter, Length, Material etc.)
PROPOSED SURFACE GROUND WATER (SGW)
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Layer Name Screen Colour
Line type Plotted Line weight
Description
D_PR_SGW_DCH 90 Continuous 0.35 PROPOSED SGW DISCHARGE CHAMBER
D_PR_SGW_DT yellow Continuous 0.25 PROPOSED SGW DRAIN TRENCH
D_PR_SGW_FCH 90 Continuous 0.35 PROPOSED SGW FLUSHING CHAMBER
D_PR_SGW_FLOW white Continuous 0.25 ROPOSED SGW FLOW ARROW
D_PR_SGW_FMC 90 Continuous 0.35 PROPOSED SGW FLOWMETER CHAMBER
D_PR_SGW_GC 90 Continuous 0.35 PROPOSED SGW GULLY CONNECTION
D_PR_SGW_GL 90 Continuous 0.35 PROPOSED SGW GULLY
D_PR_SGW_ICH 90 Continuous 0.35 PROPOSED SGW INSPECTION CHAMBER
D_PR_SGW_ITCH 90 Continuous 0.35 PROPOSED SGW INTAKE CHAMBER
D_PR_SGW_MH 90 Continuous 0.35 PROPOSED SGW MANHOLE
D_PR_SGW_MH_ATT
white Continuous
0.25
PROPOSED SGW MANHOLE ATTRIBUTES (ID, Depth, Cov. Lvl, Inv. Lvl, etc )
D_PR_SGW_OFCH 90 Continuous 0.35 PROPOSED SGW OUTFALL CHAMBER
D_PR_SGW_PS 90 Continuous 0.35 PROPOSED SGW PUMP STATION
D_PR_SGW_RM 90 RM_PR 0.35 PROPOSED SGW RISING MAIN
D_PR_SGW_VALV 90 Continuous 0.35 PROPOSED SGW VALVE
D_PR_SGW_VC 90 Continuous 0.35 PROPOSED SGW VALVE CHAMBER
D_PR_SGW_WCH 90 Continuous 0.35 PROPOSED SGW WASHOUT CHAMBER
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EXISTING SURFACE GROUND WATER (SGW)
Layer Name
Screen Colour
Line type
Plotted Line
weight
Description
D_EX_SGW
96
SGW_EX
0.35
EXISTING SURFACE GROUND WATER LINES
D_EX_SGW_ATT
white Continuous
0.25
EXISTING SGW ATTRIBUTES (ID, Diameter, Length, Material etc)
D_EX_SGW_DCH 96 Continuous 0.35 EXISTING SGW DISCHARGE CHAMBER
D_EX_SGW_DT yellow Continuous 0.25 EXISTING SGW DRAIN TRENCH
D_EX_SGW_FCH 96 Continuous 0.35 EXISTING SGW FLUSHING CHAMBER
D_EX_SGW_FLOW white Continuous 0.25 ROPOSED SGW FLOW ARROW
D_EX_SGW_FMC 96 Continuous 0.35 EXISTING SGW FLOWMETER CHAMBER
D_EX_SGW_GC 96 HIDDEN2 0.35 EXISTING SGW GULLY CONNECTION
D_EX_SGW_GL 96 Continuous 0.35 EXISTING SGW GULLY
D_EX_SGW_ICH 96 Continuous 0.35 EXISTING SGW INSPECTION CHAMBER
D_EX_SGW_ITCH 96 Continuous 0.35 EXISTING SGW INTAKE CHAMBER
D_EX_SGW_MH 96 Continuous 0.35 EXISTING SGW MANHOLE
D_EX_SGW_MH_ATT
96 Continuous
0.35
EXISTING SGW MANHOLE ATTRIBUTES (ID, Depth, Cov. Lvl, Inv. Lvl, etc )
D_EX_SGW_OFCH 96 DASHED2 0.25 EXISTING SGW OUTFALL CHAMBER
D_EX_SGW_PS 96 Continuous 0.35 EXISTING SGW PUMP STATION
D_EX_SGW_RM 96 RM_EX 0.35 EXISTING SGW RISING MAIN
D_EX_SGW_VALV 96 Continuous 0.35 EXISTING SGW VALVE
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EXISTING SURFACE GROUND WATER (SGW)
Layer Name
Screen Colour
Line type
Plotted Line
weight
Description
D_EX_SGW_VC 96 Continuous 0.25 EXISTING SGW VALVE CHAMBER
D_EX_SGW_WCH 96 Continuous 0.25 EXISTING SGW WASHOUT CHAMBER
A.2.2 Domestic Sewage Water
PROPOSED DOMESTIC SEWAGE LINE
Layer Name Screen Colour
Line type Plotted Line
Description
SEW_DE_PSWR
242
SEW_PR
0.35
DESIGN SEWER FEATURE:PROPOSED SEWER LINES
SEW_DE_MH 242 Continuous 0.25 DESIGN SEWER FEATURE: MANHOLE
SEW_DE_SWPS
242 Continuous 0.25
DESIGN SEWER FEATURE: SEWAGE PUMPING STATION
SEW_DE_VSHFT
242 Continuous 0.25
DESIGN SEWER FEATURE: VENT SHAFT
SEW_DE_SCONN
242 Continuous
0.25
DESIGN SEWER FEATURE: SEWER CONNECTION
SEW_DE_MHFC
242 Continuous
0.25
DESIGN SEWER FEATURE: MANHOLE FRAME & COVER
SEW_DE_STP
242 Continuous
0.25
DESIGN SEWER FEATURE: SEWAGE TREATMENT PLANT
SEW_DE_PM
242 Continuous
0.25
DESIGN SEWER FEATURE: SEWAGE PUMPING MAIN
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A.2.3 Industrial Effluent Design Layers
PROPOSED INDUSTRIAL EFFLUENT
Layer Name Screen Colour
Line type Plotted
Li
Description
INEFF_DE_PINEF
white Continuous
0.35 DESIGN INDUSTRIAL EFFLUENT FEATURE:PROPOSED
INEFF_DE_VSHFT white Continuous
0.25 DESIGN INDUSTRIAL EFFLUENT FEATURE: VENT SHAFT
INEFF_DE_IEPS white Continuous
0.25 DESIGN INDUSTRIAL EFFLUENT FEATURE:INDUSTRIAL
INEFF_DE_SINLET white Continuous
0.25 DESIGN INDUSTRIAL EFFLUENT FEATURE: SECTONDARY TREATMENT PLANT INLET S INEFF_DE_TERTIAR
Y TREATMETN
white Continuous
0.25 DESIGN INDUSTRIAL EFFLUENT FEATURE: TERTIARY
A.2.4 Potable Water
PROPOSED POTABLE WATER LINE
Layer Name Screen Colour
Line type Plotted Line
i ht
Description
PW_DE_PWTM
Blue
Continuous
0.35
DESIGN POTABLE WATER FEATURE: POTABLE WATER
PW_DE_PWDIST
Blue
Continuous
0.25
DESIGN POTABLE WATER FEATURE:
PW_DE_PWPS
Blue
Continuous
0.25 DESIGN POTABLE WATER FEATURE: POTABLE WATER PUMPING STATION
PW_DE_VCH Blue
Continuous
0.25 DESIGN POTABLE WATER FEATURE: VALVE CHAMBER
PW_DE_FH
Blue
Continuous
0.25 DESIGN POTABLE WATER FEATURE: FIRE HYDRANT
PW_DE_POTRES
Blue
Continuous
0.25 DESIGN POTABLE WATER FEATURE: POTABLE WATER RESERVOIR
PW_DE_PWM Blue
Continuous
0.25 DESIGN POTABLE WATER FEATURE: POTABLE WATER METER
PW_DE_PWFIT Blue
Continuous
0.25
DESIGN POTABLE WATER FEATURE:
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A.2.5 Recycled Water
PROPOSED RECYCLED WATER
Layer Name Screen Colour
Line type Plotted Line weig
ht
Description
RW_DE_RWPM
Green
Continuous
0.35
DESIGN RECYCLED WATER FEATURE: RECYCLED WATER PUMPING MAIN
RW_DE_RWDIST
Green
Continuous
0.025
DESIGN RECYCLED WATER FEATURE: RECYCLED WATER DISTRIBUTION
RW_DE_RWPS
Green
Continuous
0.025 DESIGN RECYCLED WATER FEATURE: RECYCLED WATER PUMPING STATION
RW_DE_RWRES
Green
Continuous
0.025 DESIGN RECYCLED WATER FEATURE: RECYCLED WATER RESERVOIR
RW_DE_RWVCH
Green
Continuous
0.025 DESIGN RECYCLED WATER FEATURE: RECYCLED WATER VALVE CHAMBER
RW_DE_RWFIT
Green
Continuous
0.025 DESIGN RECYCLED WATER FEATURE: RECYCLED WATER FITTINGS
A.3 ROAD LAYERS
A.3.1 Road Design Layers
PROPOSED ROAD
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_AFNCE 22 FENCELINE1 0.35 DESIGN ROAD FEATURE: ANIMAL FENCE
RD_DE_BICYL green Continuous 0.35 BICYCLE LANE
PROPOSED ROAD
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Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_BRDG
yellow Continuous
0.25 DESIGN ROAD FEATURE: BRIDGE FLYOVER
RD_DE_CHNL red HIDDEN2 0.18 DESIGN ROAD FEATURE: CHANNEL
RD_DE_CILND
green
Continuous
0.35
DESIGN ROAD FEATURE: ENTRAL/ROUNDABOUT ISLAND
RD_DE_CLMN red Continuous 0.18 DESIGN ROAD FEATURE: COLUMN
RD_DE_CLVT white Continuous 0.25 DESIGN ROAD FEATURE : CULVERT
RD_DE_CNRL red CENTER2 0.18 DESIGN ROAD FEATURE: CENTERLINE
RD_DE_CSLPE
magenta
Continuous
0.35
DESIGN ROAD FEATURE: CONCRETE SLOPE PROTECTION
RD_DE_ECWAY
cyan
Continuous
0.5
DESIGN ROAD FEATURE: EDGE OF CARRIAGEWAY
RD_DE_FNCE green FENCELINE2 0.35 DESIGN ROAD FEATURE: FENCE
RD_DE_FTPH 11 Continuous 0.35 DESIGN ROAD FEATURE: FOOTPATH
RD_DE_GRAIL white Continuous 0.25 DESIGN ROAD FEATURE: GUARD RAIL
RD_DE_ILND green HIDDEN2 0.35 DESIGN ROAD FEATURE: ISLAND
RD_DE_JILND
green
Continuous
0.35
DESIGN ROAD FEATURE: JUNCTION ISLAND
RD_DE_KBDD green HIDDEN2 0.35 DESIGN ROAD FEATURE : DROPPED KERB
RD_DE_KBED white Continuous 0.25 DESIGN ROAD FEATURE: EDGE KERB
RD_DE_KBFL yellow DASHED2 0.25 DESIGN ROAD FEATURE: FLUSH KERB
RD_DE_KBRD cyan Continuous 0.5 DESIGN ROAD FEATURE: RAISED KERB
PROPOSED ROAD
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page369
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_LOW blue DASHDOT2 0.7 LIMIT OF WORKS
RD_DE_EMBK yellow Continuous 0.25 DESIGN ROAD FEATURE: EMBANKMENT
RD_DE_MEDIAN green Continuous 0.35 DESIGN ROAD FEATURE: MEDIAN
RD_DE_OTHR
red
Continuous
0.18
DESIGN ROAD DATA : OTHER INFORMATION
RD_DE_PBAY green Continuous 0.35 DESIGN ROAD FEATURE: PARKING BAY
RD_DE_PDCR
8
Continuous
0.2
DESIGN ROAD FEATURE: PEDESTRIAN CROSSING
RD_DE_PRAMP
green
Continuous
0.35
DESIGN ROAD FEATURE: PEDESTRIAN RAMP
RD_DE_PRKG white Continuous 0.25 DESIGN ROAD FEATURE: PARKING
RD_DE_PTS
yellow
Continuous
0.25
DESIGN ROAD DATA : IPS, CURVE POINTS ETC
RD_DE_PVMT
8
Continuous
0.2
DESIGN ROAD FEATURE: PAVEMENT (BITUMINOUS, CONCRETE ETC.)
RD_DE_RAILWAY
white TRACKS 0.25 DESIGN ROAD FEATURE: RAILWAY
RD_DE_RAMP yellow Continuous 0.25 DESIGN ROAD FEATURE: RAMP
RD_DE_RLVL white Continuous 0.25 DESIGN ROAD FEATURE: ROAD LEVEL
RD_DE_RNDA white Continuous 0.25 DESIGN ROAD FEATURE: ROUND ABOUT
RD_DE_RSTL
white
Continuous
0.25
DESIGN ROAD FEATURE: ROAD SPEED TABLE
RD_DE_SHLDR green Continuous 0.35 DESIGN ROAD FEATURE: SHOULDER
RD_DE_SPTR 20 Continuous 0.35 DESIGN ROAD FEATURE: ROAD SEPARATOR
PROPOSED ROAD
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page370
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_UPSS
yellow
Continuous
0.25
DESIGN ROAD FEATURE: UNDERPASS TUNNEL
RD_DE_URAREA
40
DASHED2
0.35
DESIGN ROAD FEATURE: UTILITY RESERVE AREA
RD_DE_VBAR
magenta
Continuous
0.35
DESIGN ROAD FEATURE: VEHICLE BARRIER
RD_DE_VERGE yellow Continuous 0.25 DESIGN ROAD FEATURE: VERGE
EXISTING ROAD
Layer Name Screen Colour
Line type Plotted Line
weight
Description
RD_EX_AFNCE
22
FENCELINE1
0.35
EXISTING ROAD FEATURE: ANIMAL FENCE
RD_EX_BICYL green Continuous 0.35 BICYCLE LANE
RD_EX_BRDG
yellow Continuous
0.25 EXISTING ROAD FEATURE: BRIDGE FLYOVER
RD_EX_CHNL red HIDDEN2 0.18 EXISTING ROAD FEATURE: CHANNEL
RD_EX_CILND
green
Continuous
0.35
EXISTING ROAD FEATURE: ENTRAL/ROUNDABOUT ISLAND
RD_EX_CLMN
red
Continuous 0.18
EXISTING ROAD FEATURE: COLUMN
RD_EX_CLVT white Continuous 0.25 EXISTING ROAD FEATURE : CULVERT
RD_EX_CNRL red CENTER2 0.18 EXISTING ROAD FEATURE: CENTERLINE
EXISTING ROAD
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page371
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_EX_CSLPE
magenta
Continuous
0.35
EXISTING ROAD FEATURE: CONCRETE SLOPE PROTECTION
RD_EX_ECWAY
cyan
Continuous
0.5
EXISTING ROAD FEATURE: EDGE OF CARRIAGEWAY
RD_EX_FNCE green FENCELINE2 0.35 EXISTING ROAD FEATURE: FENCE
RD_EX_FTPH 11 Continuous 0.35 EXISTING ROAD FEATURE: FOOTPATH
RD_EX_GRAIL white Continuous 0.25 EXISTING ROAD FEATURE: GUARD RAIL
RD_EX_ILND green HIDDEN2 0.35 EXISTING ROAD FEATURE: ISLAND
RD_EX_JILND
green
Continuous
0.35
EXISTING ROAD FEATURE: JUNCTION ISLAND
RD_EX_KBDD
green
HIDDEN2
0.35
EXISTING ROAD FEATURE : DROPPED KERB
RD_EX_KBED white Continuous 0.25 EXISTING ROAD FEATURE: EDGE KERB
RD_EX_KBFL yellow DASHED2 0.25 EXISTING ROAD FEATURE: FLUSH KERB
RD_EX_KBRD cyan Continuous 0.5 EXISTING ROAD FEATURE: RAISED KERB
RD_EX_LOW blue DASHDOT2 0.7 LIMIT OF WORKS
RD_EX_EMBK
yellow
Continuous
0.25
EXISTING ROAD FEATURE: EMBANKMENT
RD_EX_MEDIAN green Continuous 0.35 EXISTING ROAD FEATURE: MEDIAN
RD_EX_OTHR
red
Continuous
0.18
EXISTING ROAD DATA : OTHER INFORMATION
RD_EX_PBAY green Continuous 0.35 EXISTING ROAD FEATURE: PARKING BAY
RD_EX_PDCR 8 Continuous 0.2 EXISTING ROAD FEATURE: PEDESTRIAN CROSSING
EXISTING ROAD
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page372
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_EX_PRAMP
green
Continuous
0.35
EXISTING ROAD FEATURE: PEDESTRIAN RAMP
RD_EX_PRKG white Continuous 0.25 EXISTING ROAD FEATURE: PARKING
RD_EX_PTS
yellow
Continuous
0.25
EXISTING ROAD DATA : IPS, CURVE POINTS ETC
RD_EX_PVMT
8
Continuous
0.2
EXISTING ROAD FEATURE: PAVEMENT (BITUMINOUS, CONCRETE ETC.)
RD_EX_RAILWAY
white TRACKS 0.25 EXISTING ROAD FEATURE: RAILWAY
RD_EX_RAMP yellow Continuous 0.25 EXISTING ROAD FEATURE: RAMP
RD_EX_RLVL white Continuous 0.25 EXISTING ROAD FEATURE: ROAD LEVEL
RD_EX_RNDA
white
Continuous
0.25
EXISTING ROAD FEATURE: ROUND ABOUT
RD_EX_RSTL
white
Continuous
0.25
EXISTING ROAD FEATURE: ROAD SPEED TABLE
RD_EX_SHLDR green Continuous 0.35 EXISTING ROAD FEATURE: SHOULDER
RD_EX_SPTR
20
Continuous
0.35
EXISTING ROAD FEATURE: ROAD SEPARATOR
RD_EX_UPSS
yellow
Continuous
0.25
EXISTING ROAD FEATURE: UNDERPASS TUNNEL
RD_EX_URAREA
40
DASHED2
0.35
EXISTING ROAD FEATURE: UTILITY RESERVE AREA
RD_EX_VBAR
magenta
Continuous
0.35
EXISTING ROAD FEATURE: VEHICLE BARRIER
RD_EX_VERGE yellow Continuous 0.25 EXISTING ROAD FEATURE: VERGE
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page373
A.3.2 Traffic and Safety
TRAFFIC & SAFETY - DESIGN
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_TS_BARL
green
Continuous
0.35
TRAFFIC: BARRIERS, RAILS & BOLLARDS
RD_DE_TS_CTRL-BOX
red Continuous
0.18
TRAFFIC: CONTROL BOX OR SERVICE BOX
RD_DE_TS_DET-LOOP 8 Continuous 0.2 TRAFFIC : DETECTOR LOOP
RD_DE_TS_DUCT 30 Continuous 0.35 TRAFFIC : DUCT
RD_DE_TS_HMPL 8 Continuous 0.2 TRAFFIC : SPEED HUMP
RD_DE_TS_INCH 12 Continuous 0.35 TRAFFIC : INSPECTION CHAMBER
RD_DE_TS_MNHL yellow Continuous 0.25 TRAFFIC : MANHOLE
RD_DE_TS_OHLL white Continuous 0.25 TRAFFIC : OVERHEAD CABLE/LINE
RD_DE_TS_OTHR yellow Continuous 0.25 TRAFFIC : OTHER
RD_DE_TS_PBDG 31 Continuous 0.35 TRAFFIC : PEDESTRIAN BRIDGE
RD_DE_TS_PGR 40 Continuous 0.35 TRAFFIC : PEDESTRIAN GUARDRAIL
RD_DE_TS_PUP 13 Continuous 0.35 TRAFFIC : PEDESTRIAN UNDERPASS
RD_DE_TS_RDSN
yellow
Continuous
0.25
TRAFFIC: ROAD DIRECTIONAL SIGNS (EX: DIRECTIONS, LIMITS ETC.)
RD_DE_TS_SIGN
white
Continuous
0.25
TRAFFIC: SIGNS (EX: WARNINGS, SPEED LIMITS ETC.)
RD_DE_TS_SIGN-POST white Continuous 0.25 TRAFFIC : SIGN POST
RD_DE_TS_SIGNAL white Continuous 0.25 TRAFFIC SIGNAL
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page374
RD_DE_TS_SIGNAL- POST
white
Continuous
0.25
TRAFFIC SIGNAL POST/POLE
RD_DE_TS_STNM green Continuous 0.35 TRAFFIC : STREET NAME POST/SIGN
RD_DE_TS_STUDS 8 Continuous 0.2 TRAFFIC : STUDS
RD_DE_TS_TEXT
white
Continuous
0.25
TRAFFIC : ANNOTATIONS /DESCRIPTIVE TEXT
RD_DE_TS_TPP 8 Continuous 0.2 TRAFFIC : POLICE PLATFORM
RD_DE_TS_UGLL yellow Continuous 0.25 TRAFFIC : UNDERGROUND CABLE/LINE
TRAFFIC & SAFETY - EXISTING
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_TS_BARL
green
Continuous
0.35
TRAFFIC: BARRIERS, RAILS & BOLLARDS
RD_EX_TS_CTRL-BOX
red
Continuous
0.18
TRAFFIC: CONTROL BOX OR SERVICE BOX
RD_EX_TS_DET-LOOP 8 Continuous
0.2 TRAFFIC : DETECTOR LOOP
RD_EX_TS_DUCT 30 Continuous
0.35 TRAFFIC : DUCT
RD_EX_TS_HMPL 8 Continuous
0.2 TRAFFIC : SPEED HUMP
RD_EX_TS_INCH 12 Continuous
0.35 TRAFFIC : INSPECTION CHAMBER
RD_EX_TS_MNHL yellow Continuous
0.25 TRAFFIC : MANHOLE
RD_EX_TS_OHLL white Continuous
0.25 TRAFFIC : OVERHEAD CABLE/LINE
RD_EX_TS_OTHR yellow Continuous
0.25 TRAFFIC : OTHER
RD_EX_TS_PBDG 31 Continuous
0.35 TRAFFIC : PEDESTRIAN BRIDGE
RD_EX_TS_PGR 40 Continuous
0.35 TRAFFIC : PEDESTRIAN GUARDRAIL
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page375
TRAFFIC & SAFETY - EXISTING
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_EX_TS_PUP 13 Continuous
0.35 TRAFFIC : PEDESTRIAN UNDERPASS
RD_EX_TS_RDSN
yellow
Continuous
0.25
TRAFFIC : ROAD DIRECTIONAL SIGNS (EX: DIRECTIONS, LIMITS ETC.)
RD_EX_TS_SIGN
white
Continuous
0.25
RAFFIC : SIGNS (EX: WARNINGS, SPEED LIMITS ETC.)
RD_EX_TS_SIGN-POST white Continuous
0.25 TRAFFIC : SIGN POST
RD_EX_TS_SIGNAL white Continuous
0.25 TRAFFIC SIGNAL
RD_EX_TS_SIGNAL- POST
white
Continuous
0.25
TRAFFIC SIGNAL POST/POLE
RD_EX_TS_STNM green Continuous
0.35 TRAFFIC : STREET NAME POST/SIGN
RD_EX_TS_STUDS 8 Continuous
0.2 TRAFFIC : STUDS
RD_EX_TS_TEXT
white
Continuous
0.25
TRAFFIC : ANNOTATIONS /DESCRIPTIVE TEXT
RD_EX_TS_TPP 8 Continuous
0.2 TRAFFIC : POLICE PLATFORM
RD_EX_TS_UGLL yellow Continuous
0.25 TRAFFIC : UNDERGROUND CABLE/LINE
A.3.3 Street Lighting Layers
STREET LIGHTING - PROPOSED
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_ST_CBLE cyan Continuous 0.5 STREET LIGHTING CABLE
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page376
STREET LIGHTING - PROPOSED
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_DE_ST_DUCT 20 Continuous 0.35 STREET LIGHTING DUCT
RD_DE_ST_FDPL magenta Continuous 0.35 STREET LIGHTING FEEDER PILLAR
RD_DE_ST_POLE yellow Continuous 0.25 STREET LIGHTING POLE
RD_DE_ST_SUBSTN cyan Continuous 0.5 STREET LIGHTING SUBSTATION
RD_DE_ST_TEXT white Continuous 0.25 STREET LIGHTING ANNOTATION/TEXT
STREET LIGHTING - EXISTING
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_EX_ST_CBLE cyan DASHED2 0.5 STREET LIGHTING CABLE
RD_EX_ST_DUCT 20 HIDDEN2 0.35 STREET LIGHTING DUCT
RD_EX_ST_FDPL magenta Continuous 0.35 STREET LIGHTING FEEDER PILLAR
RD_EX_ST_POLE 8 Continuous 0.25 STREET LIGHTING POLE
RD_EX_ST_SUBSTN cyan Continuous 0.5 STREET LIGHTING SUBSTATION
RD_EX_ST_TEXT white Continuous 0.25 STREET LIGHTING ANNOTATION/TEXT
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page377
A.3.4 Road Furniture Layers
ROAD FURNITURE LAYERS
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_F_BNCH
yellow
Continuous 0.25
ROAD/STREET FURNITURE: BENCH/SEAT
RD_F_LGHT white Continuous 0.25 ROAD/STREET FURNITURE: LIGHTING
RD_F_OTHR white Continuous 0.25 ROAD/STREET FURNITURE: OTHERS
RD_F_POLE yellow Continuous 0.25 ROAD/STREET FURNITURE: POLE
RD_F_TEXT
white
Continuous 0.25
ROAD/STREET FURNITURE: ANNOTATION/TEXT
A.3.5 Roads – Common Layers
(ROADS) - COMMON LAYERS
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_C_25DASH white DASHED2 0.25 HIDDEN DETAILS
RD_C_25HID white HIDDEN2 0.25 HIDDEN DETAILS
RD_C_50OUT cyan Continuous 0.5 ALL CONCRETE OUTLINES IN SECTION
RD_C_50REBARS cyan Continuous 0.5 REINFORCEMENTDETAILS
RD_C_CHAIN_TEXT white Continuous 0.25 CHAINAGE TEXT
RD_C_CHAIN_TICK yellow Continuous 0.25 CHAINAGE TICK MARK
RD_C_CONT_MAJR 8 Continuous 0.2 MAJOR CONTOUR
(ROADS) - COMMON LAYERS
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page378
Layer Name Screen Colour
Line type Plotted Line weight
Description
RD_C_CONT_MINR 9 Continuous 0.15 MINOR CONTOUR
RD_C_COORD_GRID 252 Continuous 0.15 COORDINATE GRID
RD_C_CTRLINE red CENTER2 0.18 CENTRE LINE
RD_C_HATCH red Continuous 0.18 HATCH
RD_C_MATCH_LINE blue PHANTOM
0.7 SHEET CONTINUATION MATCH LINE
RD_C_PROF cyan DASHED2 0.5 PROFILES
RD_C_PROF-LINE green Continuous 0.35 PROFILE LINES
RD_C_PROF_GRID_MAJ R
8
Continuous 0.2
PROFILE GRIDLINE @ MAJOR STATIONS
RD_C_PROF_GRID_MIN OR
9
Continuous 0.15
PROFILE GRIDLINE @ MINOR STATIONS
RD_C_SPT_HGT yellow Continuous
0.25 SURVEY ROAD FEATURE : SPOT HEIGHT MARKER && TEXT
RD_C_SPT_NUM yellow Continuous
0.25 SURVEY ROAD FEATURE : SURVEY POINT NUMBER
RD_C_TABLE white Continuous 0.25 TABLES
RD_C_TEXT white Continuous 0.25 COMMON TEXT
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page379
A.3.6 Structures – Common Layers
STRUCTURES
Layer Name Screen Colour Line type
Plotted Line weight
Description
BR_ABT RED Continuous 0.3 ABUTMENT
BR_BEARING GREEN Continuous 0.25 BEARING
BR_BH 11 Continuous 0.10 HATCH
BR_BR 160 Continuous 0.6 BOUNDARY
BR_CB 9 Continuous 0.25 CRASH BARRIER
BR_CEN WHITE Center 0.18 CENTER LINE
BR_DIM MAGENTA Continuous 0.18 DIMENSION
BR_DS 200 Continuous 0.18 DRAINAGE SPOUT
BR_GEN YELLOW Continuous 0.30 STRUCTURE
BR_HIDDEN 8 HIDDEN 0.15 DOTTED / HIDDEN LINES
BR_MAIN RED Continuous 0.35 HEADING TEXT
BR_MARK CYAN Continuous 0.15 HAUNCH LINES
BR_PIER RED Continuous 0.25 PIER
BR_REINF BLUE Continuous 0.35 REINFORCEMENT
BR_TEXT GREEN Continuous 0.3 TEXT IN NOTES & DIMENSIONS
BR_TITLE WHITE Continuous 0.35 TITLE BLOCK
A.4 UTILITIES LAYERS
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page380
A.4.1 Electricity
(ELECTRICITY)
Layer Name Screen Colour
Line type Plotted Line weight
Description
SVE_11KV
240
ACAD_ISO04W 100
0.35 SERVICES FIXTURES
(ELECTRICITY) : 11KV
SVE_132K
240
ACAD_ISO04W 100
0.35 SERVICES FIXTURES
(ELECTRICITY) : 132KV
SVE_66KV
240
ACAD_ISO04W 100
0.35 SERVICES FIXTURES
(ELECTRICITY) : 66KV
SVE_ABDL
13 Continuous
0.35 SERVICES FIXTURES (ELECTRICITY) : ABANDONED LINE
SVE_DUCT
10 Continuous
0.35 SERVICES FIXTURES (ELECTRICITY) : ELECTRICITY DUCT
SVE_ERTH_PIT
8 Continuous
0.2 SERVICES FIXTURES (ELECTRICITY) : EARTH PIT
SVE_FT_TEE
30 Continuous
0.35 SERVICES FIXTURES (ELECTRICITY) : ELECTRICAL FITTING TEE
SVE_LOWV
220 Continuous
0.35 SERVICES FIXTURES (ELECTRICITY) : LOW VOLTAGE
SVE_MEDV
150 Continuous
0.35 SERVICES FIXTURES (ELECTRICITY) : MEDIUM VOLTAGE
SVE_MHLL white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : UTILITY/MANHOLE
SVE_MNHL white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : MANHOLE
SVE_MRKR white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : MARKER
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page381
ELECTRICITY
Layer Name Screen Colour
Line type Plotted Line weight
Description
SVE_OHLL white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : OVERHEAD LINE
SVE_OTHR white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : OTHER
SVE_POLE white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : POST/POLE
SVE_PYLN white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : PYLON
SVE_SBOX white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : SERVICE BOX
SVE_SJNT green Continuous 0.35 SERVICES FIXTURES
(ELECTRICITY) : ELECTRICAL STRAIGHT JOINT
SVE_SSTL yellow Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : SUBSTATION
SVE_TEXT white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY): ANNOTATION / TEXT
SVE_TRANSF cyan Continuous 0.5 SERVICES FIXTURES
(ELECTRICITY) : TRANSFORMER
SVE_UGLL white Continuous 0.25 SERVICES FIXTURES
(ELECTRICITY) : UNDERGROUND LINE
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page382
A.4.2 Water
WATER
Layer Name
Screen Colour
Line type
Plotted Line
weight
Description
SVW_ABDL
13
Continuous 0.35 SERVICES FIXTURES (WATER) : ABANDONED WATER LINE
SVW_BNDL 130 Continuous 0.35 SERVICES FIXTURES (WATER) : BUND
SVW_CLR_PT
200 Continuous 0.35 SERVICES FIXTURES (WATER) : CHLORINATION POINT
SVW_CPRT
200 Continuous 0.35 SERVICES FIXTURES (WATER) : CASING PROTECTION
SVW_DRKL 130 Continuous 0.35 SERVICES FIXTURES (WATER) : DRINKING
WATER
Layer Name
Screen Colour
Line type
Plotted Line
weight
Description
AREA
SVW_DUCT 30 Continuous 0.35 SERVICES FIXTURES (WATER) : DUCT
SVW_FT_ADPTR
150 Continuous 0.35 SERVICES FIXTURES (WATER) : FITTING ADAPTER
SVW_FT_BEND 150 Continuous 0.35 SERVICES FIXTURES (WATER) : FITTING BEND
SVW_FT_ENDCA P
150 Continuous 0.35 SERVICES FIXTURES (WATER) : FITTING ENDCAP
SVW_FT_RDCR
150 Continuous 0.35 SERVICES FIXTURES (WATER) : FITTING REDUCER
SVW_FT_TEE 150 Continuous 0.35 SERVICES FIXTURES (WATER) : FITTING TEE
SVW_GCHNL
200 Continuous 0.35 SERVICES FIXTURES (WATER) : GRAVITY CHANNEL
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page383
SVW_GPIPE 200 Continuous 0.35 SERVICES FIXTURES (WATER) : GRAVITY PIPE
SVW_HYDR 200 Continuous 0.35 SERVICES FIXTURES (WATER) : HYDRANT
SVW_METER 200 Continuous 0.35 SERVICES FIXTURES (WATER) : METER
SVW_MNHL 170 Continuous 0.35 SERVICES FIXTURES (WATER) : MANHOLE
SVW_MRKR 130 Continuous 0.35 SERVICES FIXTURES (WATER) : MARKER
SVW_PIPE
170 Continuous 0.35 SERVICES FIXTURES (WATER) : WATER PIPE LINE
SVW_PUMP 200 Continuous 0.35 SERVICES FIXTURES (WATER) : PUMP
SVW_SCSR 200 Continuous 0.35 SERVICES FIXTURES (WATER) : SCADA SENSOR
SVW_SPIPE 200 Continuous 0.35 SERVICES FIXTURES (WATER) : SERVICE PIPE
WATER
Layer Name
Screen Colour
Line type
Plotted Line
weight
Description
SVW_STRG_PT 200 Continuous 0.35 SERVICES FIXTURES (WATER) : STORAGE POINT
SVW_TANK 230 Continuous 0.35 SERVICES FIXTURES (WATER) : TANK
SVW_TANK_FIL _PT
200 Continuous 0.35 SERVICES FIXTURES (WATER) : TANKER FILLING POINT
SVW_TEXT
white Continuous 0.25 SERVICES FIXTURES (WATER) : ANNOTATION / TEXT
SVW_VALV
160 Continuous
0.35
SERVICES FIXTURES (WATER) : WATER SLUICE VALVE, AIR VALVE, FLOW CONTROL VALVE, SERVICE VALVE, SYSTEM VALVEVALVE SVW_WELL 200 Continuous 0.35 SERVICES FIXTURES (WATER) : WELL
SVW_WFAC
200 Continuous 0.35 SERVICES FIXTURES (WATER) : WATER FACILITY
SVW_WMAIN 170 DASHDOT2
0.35 SERVICES FIXTURES (WATER) : WATER MAIN
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
AurangabadIndustrialTownshipLimited
Page384
SVW_WSCON
200 Continuous 0.35 SERVICES FIXTURES (WATER) : WATER SERVICE CONENCTION
A.4.3 Commercial
COMMERCIAL
Layer Name
Screen Colour
Line type Plotted Line weight
Description
SVC_TEXT
white
Continuous
0.25
SERVICE FIXTURES (COMMERCIAL) : ANNOTATION / TEXT
SVC_SBDL white Continuous
0.25 SERVICE FIXTURES (COMMERCIAL) : SIGNBOARD
COMMERCIAL
Layer Name
Screen Colour
Line type Plotted Line weight
Description
SVC_POLE white Continuous
0.25 SERVICE FIXTURES (COMMERCIAL) : POST / POLE
SVC_OTHR
white
Continuous
0.25 SERVICE FIXTURES (COMMERCIAL) : OTHER FEATURES
SVC_BBDL 30 Continuous
0.25 SERVICE FIXTURES (COMMERCIAL) : BILLBOARD
SVC_BANK
white
Continuous
0.25 SERVICE FIXTURES (COMMERCIAL) : ATM AND SIMILAR FEATURES
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Appendix B – USEFUL TABLES FOR AUTOCAD
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Appendix B - Useful Tables for AutoCAD
Table 1 - Model Space Zoom XP Factors (Meters)
Scale of Drawing Zoom XP Scale 1 : 1000 1 1 : 1250 0.8 1 : 2500 0.4 1 : 5000 0.2 1 : 10000 0.1 1 : 25000 0.04 1 : 50000 0.02 1 : 500 2 1 : 200 5 1 : 100 10 1 : 50 20 1 : 20 50 1 : 10 100 1 : 5 200 1 : 2 500 1 : 1 1000
Table 2 – Model Space Zoom XP Factors (Millimeters)
Scale of Drawing Zoom XP Scale 1 : 500 0.002 1 : 200 0.005 1 : 100 0.01 1 : 50 0.02 1 : 20 0.05 1 : 10 0.1 1 : 5 0.2 1 : 2 0.5 1 : 1 1
Table 3 - Text Heights for use in Model Space (Meters)
Scale of Drawing
Factor (Multiply)
Text Height
0.25 Pen 0.35 Pen 0.5 Pen 1 : 1000 1.00 2.5 3.5 5 1 : 1250 1.25 3.125 4.375 6.25 1 : 2500 2.50 6.25 8.75 12.5 1 : 5000 5 12.5 17.5 25 1 : 10000 10 25 35 50 1 : 25000 25 62.5 87.5 125
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Scale of Drawing
Factor (Multiply)
Text Height
0.25 Pen 0.35 Pen 0.5 Pen 1 : 50000 50 125 175 250 1 : 500 0.5 1.25 1.75 2.5 1 : 200 0.2 0.5 0.7 1 1 : 100 0.1 0.25 0.35 0.5 1 : 50 0.05 0.125 0.175 0.25 1 : 20 0.02 0.05 0.07 0.1 1 : 10 0.01 0.025 0.035 0.05 1 : 5 0.005 0.0125 0.0175 0.025 1 : 2 0.002 0.005 0.007 0.01 1 : 1 0.001 0.0025 0.0035 0.005
Table 4 - Text Heights for use in Model Space (Millimeters)
Scale of Drawing
Factor (Multiply)
Text Height
0.25 Pen 0.35 Pen 0.5 Pen 1 : 500 500 500 1250 1750 1 : 200 200 200 500 700 1 : 100 100 100 250 350 1 : 50 50 50 125 175 1 : 20 20 20 50 70 1 : 10 10 10 25 35 1 : 5 5 5 12.5 17.5 1 : 2 2 2 5 7 1 : 1 1 1 2.5 3.5
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Appendix C – DRAWING TYPE AND DRAWING NUMBER SERIES
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Appendix C - Project Number
PHASE 1 Project Codes
Shendra-Bidkin Industrial Area SBIA
Appendix C Originator Code
Originator Code Design Consultant CH2MHIL CH2MHill DMICDC
Delhi Mumbai Industrial Corridor Development Corporation Limited
AITL Aurangabad Industrial Township Limited MIDC
Maharashtra Industrial Development Corporation AARVEE Aarvee Associates
Appendix C Drawing Type Code
Document Code Description DWG DRAWING DL DRAWING LIST
Appendix C Drawing Type and Drawing Number Series: As per Vol III
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Schedule R - Guideline for Health, Safety and Environment Plan
(See Clause 3.1.7 (l))
The Contractor shall provide a General and Administrative HSE Procedures that will engage the welfare of labor, staff and others abiding by the rules and regulations and provide for records to the Employer's Engineer. The Contractor shall prepare specific HSE plans based on the specific Construction procedures to be adopted specifically for this Project to address complexity, safety and welfare of labor/staff/equipment as per the details given below.
1. HSE Standards
The contractor shall ensure that all personnel engaged (including sub-contractors) with the project shall be conversant with and at all times comply with the HSE standards for the project. The HSE standards for the project shall include the relevant Contract Documents; India HSE legislation, Relevant IS standards (Bureau of Indian Standards) & Project HSE documents (documents prepared by the Employer Engineer /PMNC with regards to HSE).
2. Legislation
For the purposes of the project relevant Indian HSE legislations shall apply to the project as dictated by the various Ministries including but not at the least – Ministry of Labor & Employment; Department of Labor – Government of Maharashtra; Ministry of Environment, Forest and Climate Change.
3. HSE Management System
The contractor shall ensure that they will have an HSE policy and an HSE Management system (including safe work procedures) that is documented, visibly endorsed by the company’s top management and implemented & maintained at the project. The contractor shall ensure that the safe working procedures meet the requirements of the relevant IS standards and are relevant to the works being undertaken by the contractor.
The contractor shall also ensure that the scope of their HSE Management system (including safe work procedures) shall cover not only all areas & tasks being undertaken by the contractor on the project but also cover the areas & tasks being under taken by any of their sub-contractor, interfaces with the Employer Engineer/ PMNC & Client.
4. HSE Risk Management
The contractor shall ensure that they employ best practice methods and meet all legal requirements in identifying, assessing and controlling HSE hazards. They shall document these methods and the outcomes.
5. Hazard identification and control
The contractor shall identify hazards and their control measures through a formal hazard identification process. The contractor shall also ensure that they have a written safe work procedure for all the works to be undertaken on the project. Any works that do not have a written work procedure shall have a detailed method statement & job
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safety analysis (JSA)/risk assessment in place. No work shall be undertaken without an approved method statement & risk assessment in place.
� The contractor shall submit written summaries of upcoming work (Two week look ahead) tasks and associated risk control measures to the Employer Engineer /PMNC to discuss the risks of upcoming work tasks and the planned mitigation measures in the weekly progress/HSE meetings.
6. HSE Enforcement
The Employer Engineer /PMNC or its representatives shall have the right at any time to audit or inspect Contractor facilities, procedures, and safety management systems. The Contractor shall fully co-operate in such reviews and shall implement recommendations at its own cost where Project HSE Standards or statutory rules and regulations are contravened. Contractor shall ensure the timely closing out of issues raised via these HSE assessments.
The Employer Engineer /PMNC will bring to the attention of Contractor any situation where the Employer Engineer /PMNC observes, or is informed of, a contravention of the HSE rules and procedures or unsafe acts; or a situation where those contraventions or unsafe acts identified are not considered likely to present an immediate risk, but are likely to lead to injury, ill health or damage to the environment.
If the Employer Engineer /PMNC observes, or is informed of, a contravention of the safety rules and procedures or unsafe acts, and if those contraventions or unsafe acts identified are considered likely to present an immediate risk to personnel, then they shall have the authority to stop such work until remedial actions have been addressed to prevent such unsafe acts from recurring.
If contraventions or unsafe acts persist or present an imminent risk of serious injury or ill health to the persons involved, Employer Engineer /PMNC will have the right to stop work being performed and to order a suspension of the execution of any new work in that part or parts of the Works affected by Contractor’s HSE violation or negligence.
Suspension of work shall be measured from the date of issue of an instruction from Employer Engineer /PMNC to Contractor to suspend work on that particular part of the Works until the unacceptable safety violation has been fully rectified. In such an instance, Contractor shall have no right to claim for any extension of time or to claim for compensation for the suspension of the work or for the waiving of the liquidated damages.
Contractor shall not resume provision of the Works affected until the Employer Engineer /PMNC is satisfied that the non-compliance has been rectified.
In addition to enforcement requirements stated in HSE legislations, Contract Requirements and Project HSE standards, the Employer Engineer /PMNC may require the removal any person from the site, who in the opinion of Employer Engineer / PMNC, fails to observe HSE procedures. That person shall not be employed again on the project or any of the sites without the written approval of the Employer Engineer / PMNC.
The Contractor shall be responsible for enforcing the Site HSE Rules and Regulations upon its Subcontractors and all other persons entitled to be on any work sites.
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7. Environmental Management
The contractor shall specify in their HSE plan measures applied to avoid harm to the environment. These measures shall meet the requirements of the HSE standards as described in section 1.
8. HSE Personnel
The contractor shall ensure that adequate HSE personnel are appointed on the project. No HSE personnel on the project shall be appointed without prior written permission from Employer Engineer /PMNC. The Contractor shall ensure that all HSE personnel meet the requirements as dictated by the project HSE standards.
9. Competence and Training
The contractor shall ensure that that all personnel are competent, capable and qualified to a level that allows them to work without creating unnecessary risk for themselves and others. All personnel shall have and maintain the necessary HSE competencies to perform work on the project to the required HSE standards.
The contractor shall ensure that all supervisory personnel have formal training in supervisory activities and specialist HSE training to conduct their duties.
The contractor shall ensure that a project HSE training matrix is produced. The training matrix shall include the various positions on the project and detail the HSE training that is required for each position.
10. HSE Orientation Training
The Contractor shall ensure that all personnel working at the project receive an induction HSE training explaining the nature of the work, the hazards that may be encountered during the site work and the particular hazards attached to their own function within the operation on the first day of work on the project. The training shall cover the contents as detailed within the Project HSE standards.
The contractor shall ensure that any new personnel are informed in an equal manner.
11. ID card & Booklet
The contractor shall ensure that all personnel working on the project (including sub-contractors) be issued with a photo identity card duly signed by the authorized representative of the contractor before they are engaged for any work.
The contractor shall also issue a personal HSE handbook in a language known to the workers, which provides information on HSE and emergency procedures that all working personnel are required to know and need to follow. Contractor shall ensure that this is distributed and its content introduced to all personnel working at the site.
12. Intervention
The contractor shall have implemented a system that assures competence (including HSE) of personnel. For those roles where no suitable recognized competence standards exist, the contractor shall provide, upon the Employer Engineer /PMNC’s request, information on the selection criteria and/or method used to provide assurance of individual competence.
The contractor shall establish and agree with the Employer Engineer /PMNC a key list of personnel undertaking taking HSE critical roles. The list shall identify these key individuals by name and by (key) role. For every role on this list, the contractor shall
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define minimum requirements for HSE competences and qualifications relevant to the work.
The contractor shall minimize turn-over of HSE personnel, where possible, to ensure established competence levels and to minimize role discontinuity. The contractor shall obtain the Employer Engineer /PMNC’s written approval prior to replacing any personnel on the list.
The contractor shall have implemented a system that records the training of personnel. The contractor shall keep training records up-to-date and shall furnish information about the system and/or records of training upon request by Employer Engineer/ PMNC.
13. Medical fitness to work
The contractor shall ensure that all personnel engaged on the project are medically fit for the job to be undertaken. Where required, the contractor shall be able to demonstrate that personnel, selected for key positions are evaluated for their fitness to work on the project.
14. HSE Communications and Meetings
The contractor shall ensure efficient and effective HSE communication and consultation with all personnel involved on the project. This includes but is not limited to toolbox meetings prior to the start of work, regular worksite HSE meetings with all parties involved (including subcontractors).
The contractor shall participate in any HSE meetings as organized by the Employer Engineer /PMNC.
15. HSE Performance Reporting
The contractor shall submit on a monthly basis an HSE performance report to the Employer Engineer /PMNC. This report shall contain as a minimum the following data, as related to the project:
A list, including a brief description, of all incidents (including near misses and potential incidents);
Number of Fatalities (FAT);
Number of Lost Workday Cases (LWC);
Number of Restricted Workday Cases (RWC);
Number of Medical Treatment Cases (MTC);
Number of First Aid Cases (FAC);
Number of Environmental Non-conformances;
Number of Environmental Spills;
Leading performance indicators as agreed with the Employer Engineer /PMNC.
Additional project specific HSE performance data, as to be agreed with the Employer Engineer /PMNC.
The format & content for the HSE performance report shall be agreed with the Employer Engineer /PMNC prior to the commencement of the project.
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16. Target and Objective setting
The contractors HSE goal shall be "Target Zero" to reflect the projects commitment to an accident free workplace. The contractor’s targets and objectives shall be focused on leading indicators and pro-active efforts to reduce the likelihood and severity of incidents.
17. HSE Incident Management
The contractor shall report any HSE incident and/or accident, related to contractor activities or personnel, to the Employer Engineer /PMNC within 1 hour & to the National or Local authorities as required by relevant legislation. It shall be the responsibility of the contractor to ensure timely reporting of such accidents/incidents.
The contractor shall also notify the Employer Engineer /PMNC immediately of any near misses and significant potential incidents, arising from the contractors or sub-contractors activities associated with the project, related to:
Harm to contractor and or Sub Contractor personnel or Third Party;
Harm to the environment,
Damage to, or loss of, contractor or sub-contractor /Third party assets;
Harm to Client/PMNC/Contractor reputation.
The contractor shall fully investigate any incidents on the project and cooperate with the Employer Engineer /PMNC and participate as necessary in any investigation of HSE incidents as required by the project HSE standards.
18. Emergency Preparedness and Response
The contractor shall maintain a documented, robust fit-for-purpose Emergency Response Plan for the project. The contractor shall also provide fit-for-purpose survival equipment, first-aid equipment, life-saving equipment, fire-fighting equipment and oil/chemical spill equipment. The contractor shall ensure that involved personnel are trained and competent in its use.
The contractor shall develop and maintain a programme of training and exercises to ensure competency of all individuals and teams involved in the emergency response teams in accordance with the project HSE standards.
19. HSE Audits, Reviews and Inspections
The contractor shall perform audits, reviews and inspections on the project as required by project HSE standards. During these audits, reviews and inspections, the contractor shall verify that they have fulfilled any and all legal obligations; including conditions and stipulations in all relevant licenses, consents and permits and that the work on the project is performed in accordance.
The contractor shall develop a detailed HSE inspection & audit schedule for the project and submit copies of the reports to the Employer Engineer /PMNC.
20. HSE Records
The contractor shall retain all relevant HSE records resulting from work on the project in line with relevant legislation & project HSE standards. Copies of these records shall be maintained by the contractor on the project site and shall be made available to the Employer Engineer /PMNC on demand.
21. Sub-Contractor Management
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The contractor shall ensure that all sub-contractors comply with all the HSE standards (as dictated by section 1) relevant to the project (including these conditions).
The contractor shall be accountable for the sub-contractors HSE performance.
22. Project HSE plan
The contractor shall prepare and submit to the Employer Engineer/ PMNC a project HSE plan which covers all work under the project. This project HSE plan shall be reviewed by the contractor at regular intervals of not less than 6 months.
23. Substance abuse
The contractor shall ensure that that all personnel working on the project do not at any time partake of, be under the influence of drugs, alcohol, sedatives or other similar intoxicating substances, other than for bona fide medical reasons.
24. Any personnel found contravening with the above will be removed from the project with immediate effect and Contractor HSE Plan Template
Template for Contractor HSE Plan
This plan is provided as a guidance template for the Contractor to include in their HSE plan. The sections mentioned in this HSE plan template will be the minimum standards that the Contractors HSE plan will be assessed against.
Section No Titles of sections Details of what is required in each section
Contractor must ensure that these sections are included in their Construction HSE plan. The details in the sections are provided as guidance.
1.0 Section 1 - Project Details
1.1 Project Specific Details
Contractor to provide contact information for Key Contractor personnel. Contact information to include Name, Mobile number, email id. Key personnel include:
Contractor Project Director
Contractor Project manager
Contractor Construction manager
Contractor HSE Manager
Contractor General Foremen.
1.2 Details of other Consultants
Details as above of any consultants that the contractor may employ on the Project.
1.3 Project Security
Contractor to detail the Site security arrangements that will be in place on the Project. Suggestions as below:
Site entrance control points
Identity card system
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Section No Titles of sections Details of what is required in each section
Vehicle barrier types
Visitors to Site procedures
Delivery vehicle procedures
Vehicle parking restrictions
Need for 24hr cover etc
1.4 Welfare Arrangements
Contractor to detail what arrangements will be made on Site to ensure that appropriate welfare facilities are provided and maintained according to the size of the workforce and nature of the work.
As a minimum, an assessment must be carried out to determine specific welfare requirements and arrangements throughout the Project, from day one to the last day persons are on site. Consideration must be given to any requirements for male / female changing, showers or disabled facilities, etc. Details to be included:
What type and size of facilities are required,
When they will be operational,
State what the initial set up is and what the subsequent set up will be
Where they are located. Produce clear layout Drawing
Who provides and maintains each facility.
Expected standards and monitoring requirements.
1.5 Project Organization Chart
Contractor to include a detailed organization chart with names, designations & contact numbers for the Project.
1.6 Arrangements for communication
Contractor to detail how they plan to communicate HSE with the different Parties on the Project. For example what kinds of HSE meetings will be held on the Project, how often, who will attend etc. Suggestions HSE Communication include:
Regular team meeting.
Early morning meetings with key personnel.
Formal correspondence (e.g. Appointment Letters).
Management Walks
Tool box talks
Trainings
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Section No Titles of sections Details of what is required in each section
1.7 Project Goals Contractor to detail what are the Project HSE goals.
1.8 HSE Compliance monitoring
Contractor to detail how HSE compliance monitoring will be conducted, who will conduct how often this will be conducted.
1.9 Senior Management HSE monitoring
Contractor to detail how Senior management on the Project will be involved in HSE monitoring, How often will they be involved, what is the process.
2.0 Section 2 - Information and Training for People on Site
2.1 Inductions & Trainings
Contractor to detail the methods by which they will check that people on Site have been satisfactorily inducted & trained. Suggestions include:-
Arrangements for delivery – i.e. who does the induction? Who does the training?
Arrangements by which management are informed of new starters;
Arrangements for recording of inductions/trainings?
Any passes, or other identification issued after induction
Arrangements for re-induction or safety updating as the contract enters a new phase or persons are transferred to a different section.
What are the training arrangements for the Project?
2.2 Site Safety Rules Contractor to detail what Site safety rules will be developed or is available for the Project.
3.0 Section 3 - Contractor Management
3.1
Selection of Contractors
Contractor to detail how they will select sub-contractors on the Project.
How will they ensure that only competent HSE contractors are on site
How do they plan to communicate HSE issues with the sub-contractors
How do they plan to coordinate the Works with the sub-contractors
3.2 Selection of Plant
Contractor to detail how they will ensure that only safe Plant & equipment is bought to the Project.
How will they check the Plant & equipment
How often
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Section No Titles of sections Details of what is required in each section
Who will check
4.0 Section 4 - Emergency Procedures
4.1 First Aid
Contractor to detail what are the first aid arrangements that will be made on site. For example:
Locations of first aid boxes
Names of First aid personnel and their locations
Location of First Aid room
Numbers of First Aider’s required
Location of accident book
4.2
Fire and Emergency Procedures
Contractor to detail what are the fire safety arrangements that will be available on site. For example:
Fire points – How many, where will they be located
What kind of extinguishers will be available
What kind of training will be available
What will the emergency actions be for the Project
4.3 Accident & Incident reporting
Contractor to detail what are the accident & incident reporting procedures for the Project. For example:
How will accidents be reported?
To whom?
Who will coordinate?
How will they be recorded?
5.0 Section 5 - Arrangements for Controlling Significant Site Risks
5.1
Production of Method Statements
Contractor to detail how method statements will be checked for HSE hazards & risks?
5.2 Risk Assessments
Contractor to detail how risk assessments will be produced?
Who will produce these?
How will they be reviewed?
Methods of communicating to the workforce on the content of the risk assessments?
How will sub-contractor risk assessments be checked for the above?
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Section No Titles of sections Details of what is required in each section
6.0 Section 6 - Environmental Management
6.1 Environmental Management Strategy
The contractor to detail how they plan to manage the environmental aspects of the Project. Suggestions include:
Environmental management plan.
Project specific Environmental processes
Environmental aspects & impact register
6.2 Waste Management Planning
Contractor to detail how they plan to manage waste (Construction, hazardous & non-hazardous). Suggestion include:
How will waste be collected on site?
How do they plan to dispose the waste?
Who will dispose it, where?
6.3 Environmental Emergency plans
Contractor to detail what are the environmental emergency plans for the Project. Suggestion include:
Who will initiate action?
Who will report? To whom?
What are the foreseen emergencies?
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Annexure to Schedule R 1. SECTION 1: INTRODUCTION
This document describes how Health, Safety & Environment (HSE) will be managed on the SBIA Programme. This document is provided to ensure that the appointed Package Contractor, Engineers, Consultants and another Stakeholder(s) who are working closely on the SBIA Programme understand the HSE standards on the programme. This document should be read along with the SBIA ‘Health Safety Environment Execution Plan’ (PMC-657466-HSE-S01-PRC-015). The standards laid down by this document is mandatory for all on the SBIA
Programme. All Package Contractor/Consultants must familiarise themselves with these
standards and also ensure that these standards are adhered to by any subcontractors/suppliers and any self-employed persons working within their workforce.
These standards will assist the contractor in their planning and provision of satisfactory HSE resources on projects.
These standards will be audited in accordance with set performance measurement procedures as per specific audit schedule completed for every project.
Poor or non-compliance with these standards may result in the contractor being removed from the project.
1.1. Purpose
The purpose of this document is to provide a systematic framework to: Implement & Manage HSE on the SBIA Programme. Achieve the overall HSE objectives of the SBIA Programme. Ensure open and transparent communication of HSE on the SBIA Programme.
1.2. Scope & Applicability
The scope of this document is limited to the SBIA Programme and covers the programme projects, programme site office, and everyone working on any aspect of the SBIA Programme Delivery. The Employer Engineer HSE Manager will review this document every year as a minimum, ensuring that it keeps abreast with any changes of/on the SBIA Programme. Stakeholders including Package Contractors are responsible to ensure that they have the latest version of this document. Copies of any forms and templates mentioned in this document is available with the Employer Engineer HSE Manager and shall be made available on request.
1.3. Legal and Other Requirements
All parties involved on the SBIA Programme shall comply with all local legislations, Client/SBIA Programme/ Employer Engineer /PMNC’s HSE requirements. Where legal requirements conflict with those set out in any other Client/SBIA Programme/ Employer Engineer/ PMNC’s HSE document, the more stringent requirement will apply.
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All works will be carried out in compliance with the HSE rules, acts & regulations set out by the following: The Government of India, Ministry of Labour & Employment
(http://labour.gov.in/) Department of Labour – Government of Maharashtra
(https://mahakamgar.maharashtra.gov.in/index.htm) Ministry of Environment, Forest and Climate Change (http://www.moef.nic.in/) DMICDC (http://www.dmicdc.com/) Maharashtra Industrial Development Corporation (http://www.midcindia.org/) Aurangabad Industrial City (AURIC) (http://www.auric.city/) Bureau of Indian Standards (http://www.bis.gov.in/index.asp) Contractually specified international standards and codes of practice Relevant industry standards and guidelines Contractual standards, procedures, and work instructions
The Employer Engineer /PMNC HSE Manager maintains a non-comprehensive HSE
legislative list, Package Contractors are encouraged to refer to this list (as and when required). Alternatively, all HSE legislations governed by government organizations in India can be accessed in thru their respective websites.
1.4. Programme HSE Aims and Objectives
The Employer Engineer /PMNC has set specific objectives to achieve the overall SBIA programme vision. Key HSE objectives include, but are not limited to, the following: Visible commitment to HSE from leadership on the SBIA programme including
Clint, Employer Engineer ,PMNC & Package Contractor. Apply robust HSE principles across the SBIA programme. Apply zero tolerance for HSE violations. Include HSE as an agenda item at all formal meetings. Implement HSE best practice initiatives. Continually learn and improve approaches should accidents and incidents occur.
2. Section 2: Management structure, appointments and responsibilities
2.1. Management Responsibilities
2.1.1. Contractor Senior Management Responsibilities
Ensure and maintain the HSE of all those who are affected by the SBIA Programme.
Ensure that the arrangements and resources on the SBIA Programme are adequate and reviewed as necessary.
Maintain a reporting structure for HSE matters and ensure that reporting lines and responsibilities of line management are clearly defined.
Attend or support appropriate HSE management or steering groups as necessary. Ensure that HSE is the first agenda point of all meetings
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Ensure that resources are available to maintain an effective HSE performance, including budgetary, suitably trained staff and competent staff with clear lines of command and responsibility.
Carry out HSE tours on a regularly defined basis. Be aware of the principles of the current HSE legislation and developments and
ensure that their staffs are aware of their accountability for HSE. Ensure that all accidents and incidents reported on the SBIA Programme are fully
investigated and actions closed out. Ensure that appropriate support has been offered to those affected by incidents. All Contractor Senior Management will lead by example.
2.1.2. Contractor Line Management Responsibilities
Be aware of the HSE requirements of applicable to the SBIA Programme. Ensure that during planning, construction and production, maintenance and
repair, sufficient allowance is made for safe systems of work, adequate welfare facilities & supervision.
Ensure that the management team is adequately staffed with suitably trained and experienced personnel with clearly understood and defined responsibilities that allow for close and effective supervision of operations.
Ensure that a competent staff member will be present at all times when work is being undertaken under their control.
Liaise with their HSE team on SBIA Programme HSE requirements. Ensure that they understand the requirements of the SBIA Programme HSE Plans
& Procedures and that the plan is communicated and implemented effectively on site.
Ensure that safety critical appointments are made in writing and persons appointed are suitable for the role.
Arrange/chair/attend the site HSE meetings. Ensure that overall and specific risk assessments & method statements are
produced, submitted and communicated to relevant parties on time. Ensure that Package Contractor(s) are suitably managed. Implement HSE systems to remove confusion over areas of responsibilities. Ensure that work is carried out as planned, relevant legislation is complied with
and that high standards of professionalism, site tidiness and access are maintained at all times.
Ensure inspection and monitoring under their areas of control are carried out and any action points raised are closed out.
Commend those who maintain high standards of HSE and discipline those who consistently fail to achieve the required standard.
Ensure that legal requirements relating to the involvement of the workforce are implemented to promote HSE compliance.
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Review reporting and investigation of all accidents, dangerous occurrence and environmental incidents in conjunction with HSE staff and ensure that appropriate remedial actions are taken to prevent recurrence
All Contractor Line Management must set and lead by example
2.1.3. Responsibilities of Contractor supervisors
Be familiar with legal principles, safe working practices, method statements, risk assessments applicable to their work and ensure they are enforced.
Incorporate HSE instruction in their routine orders and see that they are carried out.
Suitably brief men under their control so that work is carried out in a safe & controlled manner without undue risks.
Avoid improvisation or deviation from method statements & risk assessments for tasks being undertaken.
Ensure that all operatives are trained for the task in which they are engaged. Ensure that new employees are inducted and made aware of the hazards and
controls in their workplace. Ensure that project employees not under their direct control are protected from the
consequences of the work under them. Check plant & equipment and ensure that they are in good working order. Ensure that all operatives are provided with appropriate PPE for the tasks they are
undertaking. Ensure that workplaces are safe, tidy & organised at all times. Ensure that plant & equipment is switched off when not in use and kept in a safe
condition Ensure that welfare facilities are maintained in a clean condition. Prevent horseplay and discipline those who consistently fail to consider their own
wellbeing and that of others around them. Report all accidents/incidents/near- misses to the site HSE department. All Contractor supervisors must set a personal example
2.1.4. Responsibilities of workforce
Take all reasonable care to ensure your own safety and that of any others who may be affected by your work.
Attend the site induction, tool box talks and other HSE communications as required by the project.
Avoid improvisations or deviations from approved method statements & risk assessments.
Use the specified tools and equipment for the job. Take personal responsibility for your actions.
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3. Section 3: Planning
3.1. Package Contractor HSE Plan
Package Contractors shall prepare a HSE Plan that shall define their HSE intend and how they plan to manage HSE on the SBIA Programme. The HSE plan shall not only take into consideration all the activities that the Package Contractor will undertake, but shall also consider any interface with governmental agencies, other package contractors, area locals etc. The HSE Plan shall be submitted to the Employer Engineer/ PMNC for review & comments at least one month prior to mobilization.
The Package Contractor shall review and amend their HSE Plan, as conditions related
to the SBIA Programme/Project Site (s) or the works change, but as a minimum, the HSE plan shall be revised and resubmitted to the Employer Engineer/ PMNC on a yearly basis. Package Contractors shall not commence any construction activities until its HSE Plan has been reviewed & commented upon by the Employer Engineer / PMNC.
3.2. Responsibility for HSE
Package Contractors shall be responsible for the HSE of all its employees and Subcontractors’ employees and the environmental impact of their assigned work. The Package Contractor shall at all times comply with and ensure that its employees, Subcontractors comply with all HSE rules, regulations and standards (as mentioned in section 1.3).
The Package Contractor shall take, or cause to be taken, any additional measures,
which the Governmental/Client/ Employer Engineer /PMNC may direct to protect against injury or death of any person or damage to or loss of any property or to the environment during/after the Package Contractor’s performance of the works.
Submittal of any documentation to the Client or PMNC does not relinquish the
Package Contractor of its direct responsibility for the Employer Engineer/ HSE of persons and the protection of the environment.
3.3. Project HSE Risk Assessment
Before commencement of an onsite project work, the Package Contractor shall ensure that a robust ‘Project HSE Risk Assessment’ of the works to be undertaken is conducted. The Project HSE Risk Assessment shall be a systematic assessment of the HSE hazards & risks that the Package Contractor could encounter and shall also detail the means to control these. The Package Contractor shall ensure that a copy of the Project Risk Assessment is submitted to the Employer Engineer /PMNC for review and comments.
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The Package Contractor will be expected to recognize HSE hazards, evaluate them with the help of competent people, and to communicate to workers on how to control these hazards during the execution of the works.
The Package Contractor will be expected to use different types of hazard analyses to
ensure that work progresses in a manner that does not endanger persons, property, process and the environment. Examples of these include: Phase Hazard Analysis; Emergency Procedures; Job/Task Hazard Analysis; HAZID’s; Critical Task Analysis; Field Level / Daily Risk Assessment; Behavioral Based Safety.
The Contractor shall review the Project HSE Risk Assessment upon any change in the scope of work and/or at predetermined intervals during the execution of works.
3.4. Aspects & Impacts Register
The Package Contractor shall develop an ‘HSE Aspects and Impacts Register’ that is relevant to the construction activities and based on their specific construction method statements and the location /sensitivity of their works. The Package Contractor in his ‘HSE Aspects and Impacts Register’ shall identify any significant HSE impact that could result from his works, ensure adequate control measures are in place and that the residual risks are acceptable.
The Package Contractor shall ensure that the ‘Aspects & Impacts Register’ is regularly updated and copies submitted to the Employer Engineer /PMNC for review and comments.
3.5. Readiness Review Go/No-Go
The HSE Readiness Review is a meeting among key Employer Engineer /PMNC and the Package Contractors personnel and functional support to confirm that all necessary planning and actions have been addressed enable the successful execution of the works. The HSE Readiness Review serves as a management tool in determining the readiness or preparedness of the Package Contractors team to mobilize/execute the works/activity. This is an important activity because it is used to identify gaps in the Package Contractors preparatory activities that could result in failure of the works. The review shall highlight the deficiencies, and focuses the delivery team on correcting those deficiencies.
The Package Contractor shall be responsible to conduct this HSE Readiness Review
and invite the Employer Engineer /PMNC key staff. Additional reviews may be
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required if deemed necessary by the Employer Engineer /PMNC at various project phases or project milestones.
The HSE review should be conducted by the Package Contractor at least two weeks
prior to mobilizing personnel to the field and at each critical project task/milestone/activity. All Package Contractors shall demonstrate that they are ready to execute their activities in the safest manner. The following documents, as a minimum, shall be checked during the review: Related procedures or plans of the Contractor; Method statements; Risk assessments; Internal and external permits for the activity (if necessary); Competency approval documents (personnel certificates such as welder, operator,
etc.); Training records; Site layout; Medical fitness records of employees; and Driver permits. If the Package Contractor fails to demonstrate readiness to the satisfaction of the
Employer Engineer /PMNC the relevant activity shall not commence.
4. Section 4: Arrangement for Controlling Significant Risks
4.1. Method Statements
The Package Contractor shall ensure that suitable ‘Method Statements’ are produced for all significant works. These method statements shall details the sequence or steps involved in executing the works and also the methodologies. The Package Contractor shall ensure that the method statements shall be accompanied by a Hazard Identification & Risk Assessment’ (HIRA) as below.
The Package Contractor shall ensure that no work is started on site without an
approved & agreed Method Statement.
4.2. Hazard Identification & Risk Assessment
The Package Contractor shall ensure that a ‘Hazard Identification & Risk Assessment’ (HIRA) is available before any works are executed on the site. The Package Contractor shall also ensure that the HIRA shall be attached to the method statement and both documents shall be referred to as a source of safe work methods. The HIRA shall not be the sole responsibility of the Package Contractor HSE team but shall be produced/documented with the Package Contractor construction team in lead.
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The Package Contractor shall ensure that the four basic stages in conducting a HIRA are considered:
selecting the task to be analyzed breaking the task down into a sequence of steps identifying potential hazards determining preventive measures to overcome these hazards
The Package Contractor shall review the HIRA upon any change in the scope of work and/or at predetermined intervals during the project. A copy of the HIRA shall also be made available on site at the time of an HSE inspection (as required).
All HIRAs will be submitted to the Employer Engineer /PMNC for review &
comments at least 3 weeks prior to a task starting on site. The Package Contractor shall ensure that no work is started on site without an
approved & agreed HIRA.
4.3. Permit to work
Where the risks are high and the use of a method statement and risk assessment alone does not necessarily ensure that a safe system of work is followed, the Package Contractor shall ensure that a permit to work is implemented. As a minimum, Package Contractors shall ensure that the following works are controlled by a permit to work:
Permit-to-Dig Demolition Permit
Hot Works Permit Confined Space Permit
Electrical and Mechanical Permit/LOTO
General permit to work
The need for a permit to work system will be identified in the risk assessment for the
activity. Examples of jobs that are typically covered under a permit shall include but not be limited to hot works (cutting, grinding, welding etc.), elevated works (anything above 4 meters), confined space entry, work on electrical systems, non-routine lifts.
Package Contractors shall ensure that they nominate a person as the permit
coordinator who shall have the responsibility to oversee the permit to work procedure. All permits shall be valid for a single shift only. Records of any permits issued shall be kept in the permit coordinators office for further inspection.
4.4. Personal Protective Equipment
The Package Contractor shall ensure that Personal Protective Equipment (PPE) is provided as identified in the Method Statements & Risk Assessments. Notwithstanding the PPE described in the Method Statements & Risk Assessments, the Package Contractor shall ensure that as a minimum standard Safety Helmet, Hi-
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Viz Jackets, Safety Goggles, and Safety Shoes (with penetration protection) is available to all undertaking works on the project.
All PPE supplied on the project shall meet or exceed the specifications as dictated
by Indian Standards Institute or the Contract documents. Where there is a conflict the more stringent standard shall apply.
5. Section 5: Training, Awareness & Competence
All project employees must receive appropriate HSE training upon engagement. These trainings shall be delivered by the individual Package Contractors to their personnel and to any subcontractor/third party engaged by them. HSE trainings will include - Induction Training, Tool Box Talks (TBT’s), Work/Topic specific training, which will be determined by the Programme/Project HSE Training Matrix, and will be dependent on the tasks scheduled to be performed.
5.1. Minimum Requirements
The Package Contractor shall ensure that all their personnel (including sub-contractors & any third party contracted to them) complete the following fundamental trainings: New Project HSE Induction – this module will orient employees in the basic HSE
Policies and Procedures relevant at the project. Position specific HSE training – this will include training that depends upon the
position the individual holds on the project. For example, if the person is designated as a rigger, he will have to attend rigger training and a slinging & lifting training. These trainings can be conducted either in-house by the individual Package contractors or by an Approved Third Party. The Package Contractor shall also be aware that Project employees may be required to complete additional specialized HSE training, provided by commercial training specialists. Such training shall be identified in the project training matrix.
Tool Box Talks – These will be conducted on daily/weekly basis as dictated by the activities/tasks that groups of people are undertaking.
The Package Contractor shall ensure that all HSE training conducted on the SBIA
programme is documented and tracked.
5.2. Project HSE Induction
The Package Contractor shall conduct an HSE Induction for all project employees (this shall include all personnel employed by the contractor, their sub-contractors, Third Party, Visitors etc.) so that they remain aware of appropriate precautions that apply to them whilst on the work site. This HSE induction shall be conducted prior to being authorization to enter the site and/or commencing work. As a minimum, this training shall include a presentation of the site hazards, safety and security rules and emergency procedures. Depending on the appreciation of the level of risk for the contracted work, other relevant HSE subjects will be presented.
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The site HSE induction shall be conducted by the Individual Package Contractor HSE
Manager and shall be conducted in a language understood by the site personnel. All Package Contractors shall ensure that their ‘Project HSE Induction’ training is submitted to the Employer Engineer /PMNC for review and approval.
As the project progresses, the Project HSE induction shall be reviewed by the Package
Contractor HSE Manager at regular intervals to reflect site conditions.
5.3. Tool Box Talks & Daily Briefings
The Package Contractor shall ensure that daily/weekly toolbox meetings and other daily briefings are conducted on a regular basis. These where possible shall be conducted by the foreman and site in-charge.
5.4. Emergency Response Plan Training
The Package Contractor shall ensure that all project employees are aware of the Project Emergency Response Plan. The Package Contractor shall ensure that training to familiarize project employees on the Project emergency response plans is conducted at regular intervals of not less than 6 months. The Project emergency response plan training will include the procedures for reporting to external emergency response organizations (e.g., police, fire department, ambulance services, hospitals, rescue services, and hazardous material response services), building or site evacuation, designated evacuation assembly areas, and methods of accounting for staff upon evacuation. Emergency drills will be performed periodically, but at least twice per year.
5.5. Training Documentation
The Package Contractor shall ensure that all HSE training shall be documented. Documentation and certificates verifying completion will be maintained by the Package Contractor on site.
6. Section 6: HSE Communications
6.1. HSE Communication Program
The Package Contractor shall establish an effective communication network to disseminate HSE information to all Project Personnel, to ensure support to the HSE programme.
Meetings between the Employer Engineer /PMNC and Package Contractor will be held regularly to pass out and receive information and to discuss HSE matters, which will be communicated to all Project staff.
The table below gives an overview of the HSE communication methods that the
Package Contractor shall adopt on the project.
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Method Frequency
Pre-start meetings Minimum once prior to commencement of works
Progress meetings As required by the project or as a minimum once a month.
HSE Meetings As required by the project or as a minimum once a month.
Daily briefings Daily
HSE Inductions As required by the project.
Tool Box Talks As required by the project or as a minimum Weekly.
Safety Alerts As required.
6.2. HSE Meeting Program
Safety meetings provide a method for maintaining safety awareness and providing safety-related information and training to employees. The Package Contractor’s shall plan and include/indicate in their HSE Plan the types and frequency of HSE meetings that it will conducted during the Project, including but not limited to: Daily Toolbox Meetings; Weekly Safety Meetings; HSE Committee Meetings.
The Package Contractor shall invite the Employer Engineer /PMNC representatives to
attend all meetings and shall provide copies of HSE meeting minutes. The Package Contractor shall keep records of all matters discussed and decisions made at each meeting, records of Site inspections performed, register of work permits issued, records of attendance of participants, etc.
The Package Contractor shall ensure that Construction Manager shall attend these meetings.
The Package Contractors HSE meeting program shall:
Review and discuss all Site HSE matters of the employees; Review safe work practices; Co-ordinate jobs so that the work does not pose as a hazard to others; Co-ordinate movement and storage of hazardous materials; Inform Personnel of potentially dangerous Works operations on the Site;
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Review progress of Works and work permit control; Review training requirements; Review work procedures and method statements; Review incidents and near misses. The Package Contractor shall ensure that all major decisions and actions proposed by the meetings are effectively communicated for implementation.
6.3. HSE Promotion and Awareness
The Package Contractor will actively promote HSE awareness amongst the project employees by implementing a HSE awareness programme. HSE awareness will be promoted both generally and specifically as relevant to particular areas or activities. A key feature of the awareness programme will be generating communication on HSE matters across organizational boundaries. These will be achieved through various means including, as a minimum: HSE notice boards: HSE specific, regularly serviced and updated; HSE incentive scheme: performance acknowledged and rewards communicated; Regular bulletins: HSE specific information on any task item, including updates on
new hazards, changes to any activity or condition, alteration to procedures, etc.; Posting of minutes of meetings on HSE issues: update on action items, current
performance, new information, items of general awareness for communication; Regular HSE workplace walkabouts by both Senior and Line Management: will be
performed on both an informal and formal recorded basis. These will be high profile will include constructive discussion with all personnel as necessary.
7. Section 7: Monitoring
7.1. HSE Inspections
The Package Contractor shall carry out HSE inspections at regular intervals, covering not only its works on the project but also other areas under their control such as camps/mess facilities. These HSE inspections shall be led by the Package Contractor HSE team but shall also be attended by the Package Contractor Construction team. The Package Contractor shall ensure that Project HSE Inspections are carried out at least once a week. Inspections of other areas such as campsites/mess areas shall be carried out at a suitable frequency and agreed with the Employer Engineer /PMNC. Where necessary, the Employer Engineer /PMNC representatives will join these inspections.
The Package Contractor shall ensure that inspections of temporary works such as
shoring of form work, excavation, trenches, cranes and scaffolds shall be carried out after inclement weather.
Copies of such inspections reports shall be submitted to the Employer Engineer /
PMNC for review & comments.
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7.2. Senior Management HSE Site Walks
The Employer Engineer /PMNC shall conduct a Senior Management HSE site walk once a month with each individual Package Contractor. The Package Contractor shall ensure that Senior Members from its Project team are available for these site walks.
7.3. HSE Audits
The Package Contractor shall establish and maintain an HSE audit program to be carried out on its operations to evaluate the efficiency of its HSE management systems in place. The results of audits, identified corrective actions and determined root causes shall be submitted to the Employer Engineer /PMNC for review and comments.
The Package Contractor shall appoint an independent appropriately qualified external
auditor to audit the Package Contractor’s compliance with its HSE Plan and HSE management systems of the Works at least once every twelve (12) months. In addition, the Package Contractor shall carry out internal safety audits to verify whether safety activities comply with the HSE Plan and the HSE management systems. Where it is deemed necessary, the Employer Engineer /PMNC shall be entitled to engage an independent external auditor at the Package Contractors cost to audit the Package Contractor’s HSE Management System.
7.4. HSE Observation Program
The Package Contractor will encourage and educate the project staff to observe and identify safe and at-risk conditions and behaviors. Staff are also encouraged to report near misses in order to look for trends and tackle issues before accidents and incidents occur.
7.5. Reporting Unsafe Conditions
All personnel on the SBIA Programme must report any situation, practice, or condition which might jeopardize the safety of the projects. All unsafe conditions or unsafe practices will be corrected immediately. The SBIA Programme will have zero tolerance of unsafe conditions or unsafe practices.
The following reporting procedures will be followed by Package Contractor/Project
Personnel. Upon detection of any unsafe condition or practice, the responsible worker will
bring the unsafe condition or practice to the attention of the worker’s direct supervisor, unless the unsafe condition or practice involves the worker’s direct supervisor. If so, the Package Contractor’s HSE Manager needs to be notified at once by the responsible worker.
If a responsible worker feels that they have been mistreated by any Package Contractor personnel throughout the process of reporting/correcting an unsafe condition or practice, they will report this complaint to the Employer Engineer / PMNC representative for immediate attention.
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No project employee will be disciplined for reporting unsafe conditions or practices.
7.6. HSE Stop Works
All personnel working on the SBIA Programme shall have the authority to ‘Stop Works’ if they feel them or their colleagues are at risk of getting hurt. Work on the SBIA Programme shall be undertaken without fear of being reprimanded for stopping work on HSE grounds.
8. Section 8: Incident reporting & Investigation
8.1. General
The Package Contractor shall in his HSE plan establish procedures to identify, record, investigate and analyze all accidents/incidents, dangerous occurrences, near misses, which occur on the Project. The investigation and analysis shall identify the root cause and contributory causes of these events and formulate measures accordingly to prevent future recurrence of similar incidents. The Package Contractor shall ensure that copies of all such reports are submitted to the Employer Engineer /PMNC for review and comments.
8.2. Reporting of Incidents
Package Contractors shall ensure that all incidents are reported to the Employer Engineer /PMNC at the earliest. The initial notification time in any case shall not be more than one (1) hour from the time of the incident. Following the initial notification, the Package Contractor shall (within 24hrs) ensure that a written notification is sent to the PMNC.
Package Contractors shall ensure that all accident/incident reports are submitted to
the Employer Engineer /PMNC within an agreed timeframe. This time frame shall be agreed with the Employer Engineer /PMNC HSE Manager.
For the purpose of reporting, on the SBIA Programme the following definitions shall
be adopted by all Package Contractors:
Lost Time Injury: Any accident/incident that results in an employee not being able to work on the day following the accident.
Medical Treatment Case: Any work related accident/incident where the employee has to receive medical treatment in a facility outside project first aid. This can be a clinic or hospital.
First Aid Case: A minor work related injury that requires the person to seek medical attention at the project first aid clinic.
Near Miss: An unplanned event or condition that occurred in the project which although didn’t not result in an injury or damage property but had the potential to do so.
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Major Accident/Incident/Near-Miss: Categorized / defined as one which meets or exceeds the following consequences:-
o Harm to People: Major injury or health effects (including permanent disability) - Affecting work performance; on longer term, e.g. prolonged absence from work. - Irreversible health damages without loss of life, e.g. noise induced hearing loss, chronic back injuries.
o Property Damage: Damage to any Project property in excess of INR 50000.00 or will take more than 2 days of to rectify.
o Environmental Effect: Any damage to the environment which costs an upwards of INR 50000.00 to clean up.
o Work Related: Any injury (however small) that has happened to a personnel whilst he was working on the project site.
8.3. Report Documentation
The Package Contractor shall ensure that the accident/incident report that is submitted to the Employer Engineer /PMNC as a minimum will have the following described details/sections. Details of the investigation Team: List of investigation team members Background of the Incident: The environment of the accident before the accident
occurred The Incident: Detailed description of what happened in detail, the actions taken
by the Package Contractor. Immediate Cause: Direct and indirect causes of the incident. Root Cause: Complete root cause analysis of what caused the incident/accident. Investigation Findings: Sketch of the incident scene, photographs, diagrams and
physical evidence, persons with information and statements Statements of eye witnesses Statements of accident victims Recommendations: Immediate and long term corrective actions, risk mitigation
measures and target completion dates Lessons learned Supporting documents such as any medical records, clean up records.
9. Section 9: Emergency Response
9.1. General
Package Contractors shall as a part of their HSE Plan have a written Emergency Response Plan (ERP). The Package Contractor’s ERP will consider potential emergencies that may arise during the performance of the Works and develop procedures to deal with the emergencies. The Package Contractor shall consider the following emergency scenarios for development in the ERP. Fatalities or serious injuries Major construction incidents not involving injury (e.g. structural collapse,
collapse of excavations, tower crane failure, vehicle collision) Fire and explosion
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Bomb alert Environmental incidents, including chemical spillage / toxic release Security violations Property damage Extreme weather.
Emergency procedures developed by the Package Contractor shall ensure that Package Contractor’s Site Manager or most senior supervisor present takes charge and directs the handling of the emergency. Package Contractor shall conduct weekly inspections of escape routes, fire brigade access, firefighting facilities and work areas to ensure that the requirements stipulated in the Emergency Response Plan are complied with.
9.2. Emergency Response Plan (ERP)
Prior to commencing work on site, the Package Contractor shall prepare an ERP. The objectives of the plan shall be to: Provide a framework for planning for, responding to and recovering from
emergency situations that may occur within the Package Contractor’s area of responsibility;
Allocate sufficient resources and facilities to manage and mitigate emergency situations;
When planning ERP’s, the Package Contractor shall ensure that the following shall be
taken into account: Site size, characteristics of the site and the work being undertaken; Means of raising the alarm under those conditions; Plant and equipment to be used in the event of an emergency; Location of nearest emergency services and their capabilities; Access to the site for emergency services.
The ERP’s developed by the Package Contractor shall be specific to the Package
Contractor’s work package. Topics to be addressed in the plan shall include, but are not necessarily limited to the following: A list of all key emergency response personnel on site showing responsibilities
and contact details, including all-hours telephone numbers; Details of emergency services (police, fire, ambulance, spill clean-up etc.); Communications strategy, including liaison with emergency services and the
PNMC’s representative; Emergency provisions on site, including fire prevention, detection and fighting
systems, spill prevention and response equipment and first aid facilities; Protocols and procedures to be implemented in the event of specific emergency
situations; Emergency response training;
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The Package Contractor shall ensure that the ERP’s are submitted to the Employer Engineer /PMNC for review and approval within 2 weeks of mobilization and prior to any works starting on site. The Package Contractor shall also review and ensure the adequacy of the ERP’s as the works progress to accommodate the changes to the site conditions. The Package Contractor will ensure that all changes to the ERP’s are approved by the Employer Engineer /PMNC.
9.3. Emergency communication
The Package Contractor shall ensure that the ERP is reviewed at regular not less than every six months. The Package Contractor shall also bring the contents of the ERP to the attention of the Project personnel during Project Inductions, Tool Box Talks, Safety talks etc. These briefings shall as a minimum include: Emergency procedures for different scenarios; Location of emergency equipment and supplies; Local emergency contacts, hospital routes, evacuation routes, and assembly points; Communication methods; Names of personnel trained in first-aid and CPR; Procedures for contacting Package Contractor and Employer Engineer /PMNC
key personnel.
9.4. Reporting of an emergency
The Package Contractor shall ensure that all emergencies are reported to the Employer Engineer /PMNC Representative as soon as reasonably practicable. In any state this time frame shall not exceed 1 hour from the time of the incident.
9.5. Emergency Preparedness
The Package Contractor will ensure that an ERP drill is carried out at regular intervals, these intervals shall not be greater than six months. The Package Contractor shall ensure that emergency drills are conducted for all the scenarios that have been identified in the ERP. The Package Contractor shall also ensure that emergency staff including first aid and emergency responders are available and that they participate in the emergency drills. Upon completion of each drill, an evaluation shall be made of the ERP to determine its effectiveness. Any problems or concerns identified during the evaluation will be corrected.
9.6. Emergency Response Team
The Package Contractor shall maintain a nominated team for managing and responding to emergencies throughout the lifecycle of the project. The Emergency Response Team shall consist of project employees who are trained (by a competent third party where required) to respond in emergencies. The Package Contractor shall also ensure that the Emergency Response Team is available on the project on all shifts and that they have ready access to the emergency equipment at all times. Contact details of key personnel within the response team are to be posted on the project to facilitate communication flow in the event of an emergency.
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9.7. Emergency Resources
The Package Contractor shall ensure that emergency resources including equipment, materials, transport and personnel, for managing potential emergencies on site are available on the project at all times. This shall include an appropriate number of first aid personnel along with a fully equipped first aid room and/or clinic as well as industry standard firefighting equipment, fire/smoke detection systems, alarms and any other emergency equipment as identified by the ERP.
All incident response resources shall be suitable for the site and activity under
consideration. Equipment, including emergency response PPE, spill kits and firefighting systems, are to be installed at all locations where high risk activities are being carried out and must be inspected, tested and maintained regularly by the Package Contractor. If any equipment is missing or damaged, it shall be replaced.
10. Section 10: Site Welfare Facilities
The Package Contractor shall ensure that adequate and appropriate arrangements exist for welfare facilities such as first aid, canteen/mess, rest areas, drinking water and toilets. These facilities shall be provided and maintained by Package Contractors. Welfare facilities onsite must be as close as practical to the working locations. Large sites may require multiple facilities to avoid long distance travel.
The Package Contractor is required to develop a specific temporary facilities and
welfare plan detailing specific arrangements. This plan must be submitted to the Employer Engineer /PMNC for review and approval.
10.1. First Aid Room
The Package Contractor shall make adequate arrangements for a first aid room, equipped and staffed to the extent required. The first aid room as a minimum meet the requirements below but in any case will meet any requirements as laid down by local regulations. Designated first aid room shall not be used for any other purpose other than for
first aid or medical purposes; The room shall be identified clearly through first aid signage; It shall be located in a way to allow easy access and egress during emergency; Shall be spacious enough to accommodate a wheel chair or a stretcher; Shall be equipped with adequate facilities and equipment, well illuminated,
ventilated, sufficient air conditioning and made up of a surface that is easy to clean;
Arrangements exist for the disposal of refuse; Shall be clearly identified in the emergency plan / layout; Shall be equipped with a phone or other means of communication to contact
ambulance /hospital/ doctor on call/Company representatives.
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
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10.2. First Aid Box
The Package Contractor shall depending upon the size and location of the site, ensure that first aid boxes are provided at strategic locations & shall be suitably identifiable, and access to them shall be ensured throughout the working hours. The Package Contractor shall also regularly inspect these first aid boxes to ensure that it is fully stocked and items inside are not expired. Records of such inspections shall be maintained and produced to the Employer Engineer /PMNC during HSE inspections (as required).
10.3. First aider’s
The Package Contractor shall ensure that adequate personnel trained on first aid through an approved agency are available on the programme. A copy of the qualification certificate shall be maintained by the Package Contractor for records and this certificate made available upon request from the Employer Engineer /PMNC (during HSE inspections as required).
Names of the qualified first aid personnel shall be exhibited near the first aid box and
other prominent locations on the project and site offices with immediate contact details.
10.4. Nurse/Doctor on call
The Package Contractor shall make appropriate arrangements to attend to the emergency medical situations through the appointment of a male/female nurse/Doctor onsite (as required contractually). Alternatively, the Package Contractor shall ensure that provision is made to ensure that medical assistance is given to any injured person as quickly as possible through a contractual arrangement that may be made with a clinic / approved hospital.
The name/information about the hospital shall be exhibited at prominent locations
within the project/ site offices and shall be bought to the attention of the project personnel at the time of the induction.
10.5. First Aid Treatment Records
Records of the first aid containing the details of the treatment given, name of the treated person, date and time of accident, place and circumstances, details of injury and treatment given and name of person rendering treatment shall be maintained by the Package Contractor and provided to the Employer Engineer /PMNC (during HSE inspections as required).
10.6. Canteen/Mess
The Package Contractor shall make adequate arrangements to ensure that project personnel can consume food in a clean & hygienic environment. Canteen/mess facilities shall be established at the site for providing food and beverages to the project
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
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personnel. Food may be prepared at the site or pre prepared food may be made available.
The Package Contractor shall ensure that eating areas are suitable for the project
personnel using them. For example if the local culture is to consume food whilst sitting on the floor, then the canteen/mess facility shall ensure that there is provision for project personnel to sit on the floor. The canteen/mess facility shall be adequate for the number of personnel and shall accommodate all users.
The Package Contractor shall consider the following when setting up a canteen:
Food preparation area Sinks – for washing up / hand washing
Drinking water supplies as appropriate
Cold / Hot running water
Washing up liquid Easy cleaning access
Cutlery & Crockery Shade
Food storage Fire extinguisher matched to risk and associated training
Means of escape Rubbish collection
Rubbish bins with liners Electrical items tested / certificated
10.7. Rest Areas
The Package Contractor shall ensure that adequate rest areas are provided to its project employees. These rest areas shall be walking distances from the work areas for its project employees. In areas where this is not feasible, the Package Contractor shall provide alternative means for transport such as busses or cars to transport the project employees to the rest areas. The Package Contractor shall ensure that the rest areas are sufficiently covered and shaded. They shall be of sound construction and of suitable materials to be secure, safe and weatherproof. Internally, walls and ceilings shall be constructed of durable materials and shall have lightly coloured, smooth, and easy to clean surfaces.
The Package Contractor shall ensure that the ambient temperature in these rest areas are comfortable for the people who use it.
10.8. Drinking water
Adequate drinking water shall be provided to the project employees by the Package Contractor. The Package Contractor shall take into consideration the requirement of drinking water points to be available around the Project site. The drinking water points around the site shall be easily accessible by the project employees. Adequate signage shall be put up to differentiate drinking water from non-drinking water.
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
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10.9. Toilets
The Package Contractor shall ensure that toilets are provided to for the project employees. Consideration shall be given to male & female toilets (where required). These toilets shall be constructed of solid material which can be washed, is weather proof and must provide adequate privacy. The toilet facilities shall have adequate ventilation such that foul smells do not travel onto nearby work areas. The following rate of provision shall be considered: Male: 1 WC and 1 wash basin per 10 men (up to 100) However where urinal are provided 1 WC per 25 men (up to 100) and 1 urinal and
1 wash basin per 10 men (up to 100) Female: 1 WC and 1 wash basin per 10 women (up to 100)
10.10. Water Tanks
The Package Contractor shall ensure that all water storage tanks are cleaned on a regular basis. The Package Contractor shall ensure that all portable water tanks are cleaned once every three (3) months as a minimum and that the water quality is tested and deemed fit for consumption.
11. Section 11: HSE Enforcement
The Package Contractor is fully responsible to ensure that they comply with all the HSE legislations & contractual HSE requirements. However, the Employer Engineer/ PMNC have the right at any time to audit/inspect the Package Contractors facilities, procedures and safety management systems. The Package Contractor shall fully co-operate in such reviews and shall implement recommendations at its own cost where the Employer Engineer /PMNC or statutory rules and regulations are contravened. The Package Contractor shall ensure the timely closing out of issues raised via these HSE assessments.
In addition to enforcement requirements stated in legislation and contract
requirements, The Employer Engineer/ PMNC will have the advice the Package Contractor to remove from the project of any person who, in the opinion of Employer Engineer /PMNC, fails to observe HSE procedures. The Package Contractor shall ensure that any persons who have been asked to be removed from the project on HSE grounds is not employed without the written approval from the Employer Engineer / PMNC.
Where the Employer Engineer /PMNC observes or is informed of a contravention of
the HSE rules/procedures or unsafe acts and if those contraventions/unsafe acts identified are not considered likely to present an immediate risk, but are likely to lead to injury or ill health, the Employer Engineer /PMNC shall bring these to the attention of Package Contractor.
Where the Employer Engineer /PMNC observe or is informed of a contravention of
the safety rules/procedures or unsafe acts and if those contraventions/unsafe acts
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
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identified are considered likely to present an immediate risk to Personnel then the Employer Engineer /PMNC shall have the authority to stop such work until remedial actions have been addressed to prevent such unsafe acts from recurring. If contraventions/unsafe acts persist or present an imminent risk of serious injury or ill health to the persons involved, the Employer Engineer /PMNC shall have the right to stop the work from being performed. In such case, the Package Contractor shall be responsible to take any remedial action at his own time and cost and shall no right to claim for any extension of time or to claim for compensation for the suspension of the work or for the waiving of the liquidated damages. Suspension of work will be measured from the date of issue of an instruction from the Employer Engineer /PMNC to the Package Contractor to suspend work on that particular part of the Works until the unacceptable safety violation has been fully rectified. In such an instance, Contractor shall not resume provision of the works affected until the Employer Engineer /PMNC is satisfied that the HSE non-compliance has been rectified.
12. Section 12: HSE Staff
12.1. HSE Personnel
The Package Contractor shall appoint only qualified and suitable HSE personnel to the project. The Package Contractor shall ensure that the Curriculum Vitae (CV) and HSE certifications of the HSE Personnel is submitted to the PMNC prior to mobilizing the individual to the project. No HSE personnel shall be appointed on the programme without written approval from the PMNC.
12.2. Conduct and Competency
The conduct and functioning of the Package Contractor HSE personnel shall be monitored by the Employer Engineer /PMNC. The Package Contractor shall ensure that all such personnel are competent to perform the job assigned to them. In the event that Package Contractor is unable to demonstrate the competency of any person whose activities can directly affect the Project HSE performance, the Employer Engineer /PMNC will ask the Package Contractor to remove that person from the Site without any procedural formalities. In cases, where the Package Contractor is unable to find a suitable replacement. The Employer Engineer /PMNC shall recommend a suitable replacement at the Package Contractors time & cost. Any difference in costs will have to be borne by the Package Contractor. The Package Contractor shall not be entitled to claim any costs or compensation incurred.
12.3. Prohibition of performance of Other Duties
The Package Contractor shall ensure that no HSE personnel shall be required or permitted to do any work that is unrelated to, inconsistent with, or detrimental to the performance of the HSE duties.
12.4. Facilities to be provided to HSE personnel
The Package Contractor shall provide all HSE personnel with the facilities, equipment, and information that are necessary to allow the HSE personnel to carry out his duties
Contract Agreement
Design, Construction, Testing, Commissioning and Operation and Maintenance of Additional Infrastructure Works for Roads, Drains, CulvertsWater Supply, Sewerage, Power systems in AURIC Shendra Industrial Area, Aurangabad, Maharashtra on EPC Basis
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effectively. The Package Contractor shall ensure that as facilities and equipment as mentioned below is provided to the HSE department as a minimum.
Minimum Equipment to be Provided to HSE Department Equipment Specific Details (if any)
1 Digital camera with flash At least 4 mega pixels & 1 camera per HSE staff
2 Computer (with standard configuration)
Should be available for use at all times and not shared with other departments
3 Colour printer Access to printer at all times; printer could be a shared resource
4 Communication facility (mobile phone)
1 per staff
5 Communication device (walkie-talkie – capable of being used in hazardous zones – as required)
Minimum 2 pieces
6 Sound level meter 1
7 Lux level meter 1
13. Section 13: Operational Control
The HSE Construction Management underpins how HSE will be managed on SBIA, its Vision & Policies. It will be implemented and managed through a combination of communications, training, monitoring, audit, and review.
Operational control procedures and processes are required in cases where it is
foreseeable that, in the absence of such procedures and processes, work activities could be conducted in an unsafe manner, which could then result in accidents or incidents. The Employer Engineer /PMNC will continue to develop HSE procedures and processes that cover all phases of the programme, these will be sent out through the programme correspondence. Package Contractors are encouraged to contact the Employer Engineer /PMNC, to ensure that they have the latest version of any HSE process or procedure.
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Schedule S - Project Management Requirements
(See Clause 3.1.7 (m))
Project Management Requirements: The Contractor shall perform all the Project Management activities necessary for proper
planning, management and control of the work. Below are the Project management requirements which Contractors needs to comply at different stage of the Projects:
1. Participate in the Project kick-off Workshop with Project stakeholders designated
by Employer/ PMNC. The kick-off Workshop shall accomplish the following objectives:
Common understanding of the Project goals and objectives
Define respective roles and responsibilities and
Agree on the methods of communication and reporting throughout the Project duration.
2. Participate in monthly Project status review meetings and present the Project progress
update in the meeting. The frequency of Project status review meetings may change based on actual requirements.
3. Schedule: The Contractor shall submit detailed schedule with narration in soft and hard
copies that cover’s the full scope of Contractor’s work within 30 calendar days of date of appointment. This will be reviewed within 15 calendar days by Employers Engineer/PMNC. The Contractor shall incorporate the comments and resubmit the schedule no later than 15 calendar days after receiving the comments from Employers Engineer/ PMNC. Upon approval the above schedule will become the baseline schedule for all the future monitoring and tracking.
The Contractor should keep to the following guidelines
i) Develop and incorporate a detailed Work Breakdown Structure (WBS) for all Project schedules that are submitted.
ii) All schedules shall be created, maintained and submitted to Employer /PMNC
in Oracle Primavera P6 or higher version of Primavera P6 in an electronic format.
iii) All schedules shall follow the Critical Path Method (CPM) of scheduling and
shall have meaningful and realistic logical ties and relationships between activities.
iv) The use of negative lags is not permitted in the baseline and all other versions of
the schedule.
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v) The schedule must contain all the long lead procurement items identified.
vi) Shall exercise reasonableness while assigning constraints in schedule and milestones
vii) The Contractor shall allocate the Contract amount in detail to all the activities. It
shall be used as guide for progress (S-Curve) monitoring only. Progress S-Curve to be updated each month and Progress Measurement will be on the basis of Earned Value Management.
viii) The Contractor shall provide narration with all the calculations, reports, forecast, supporting documents and detailed list of assumptions made on the development of the project schedule.
ix) Activities shall comprise of specific and measurable elements of work. Durations for each activity shall be calculated using productivity rates.
x) All schedules shall be resource loaded and Resource Histogram shall be submitted along with schedule.
xi) Upon approval, the copy of the Baseline schedule will become the first Current Schedule. The Contractor shall not change the approved schedule unless instructed in writing by the PMNC/ Employer’s Engineer. It shall be used as basis for measuring progress performance.
xii) The Current schedule shall be actively updated and maintained by the
Contractor every month.
xiii) The updated Primavera P6 schedule file should be submitted every month along with Monthly progress report in electronic format. A pdf copy of the updated schedule with all activities also needs to be submitted
xiv) A schedule narrative document shall accompany the updated electronic
schedule describing the work performed in the reporting period.
xv) Two month look ahead schedule should be submitted along with the Monthly
Progress Report.
4. Cash Flow: Cash Flow shall be extracted from Baseline Schedule and Updated Schedule
every month. Cash Flow shall be submitted along with Monthly Progress Report to show the actual versus plan and updated on monthly basis
5. Lessons Learned Database: The Contractor shall develop and actively maintain a “lessons learned” database on a monthly basis (to be included in the monthly Project report) and submit it to Employers Engineer/ PMNC at the end of the Project during closeout.
6. Risk Register: Maintain an active risk register addressing the risks and mitigation measures (could be in excel format) that lists the Project risks related to their Scope of Work. Risk Register shall be updated every month and to be submitted every month along with Monthly Progress Report.
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7. Inter-Project Links: Identify potential inter-Project links, inter-dependencies or conflicts/ interference to work or work areas and narrate them in the monthly progress report.
8. Monthly Progress Report: Prepare and submit a monthly progress report no later than 7 days of each month (standard format and template will be provided by Employer Engineer /PMNC at a later date). Items 3 to 7 mentioned above shall be the minimum information that will need to be included in the monthly progress report.
9. For better collaboration, Contractor shall use the Programme and Document
Management system that will be provided by Employer/PMNC at a later date and pay for the cost of procuring licenses to use the system.
Payments are subject to timely submission of monthly progress report and the monthly updated electronic schedule file in the required and acceptable format.
10. Non – Compliance
If the Contractor fails to submit Baseline Schedule within Thirty (30) days after appointed date or the Baseline Schedule is not approved by the Employer’s Engineer within Three (3) months after the first submission, or the Updated Schedule within time prescribed, then the Employer’s Engineer shall deduct retention of Ten Percent (10%) of the Contractor’s Progress Payment over and above the 6% Retention amount until such time that the Contractor has provided submissions that are acceptable to the Engineer. The sum retained will not earn interest and shall only be released to the Contractor upon due certification by the Engineer that the amount retained may be released to the Contractor.
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Schedule T - Aerial Photography
(See Clause 11.18)
1. Aerial photography
1.1. Aerial images need to be taken maintaining a GSD (Ground Sample Distance) GSD of ~3cm to ~5cm per pixel or better. Necessary pre-marking or post marking of ground control points are required for precise geo-referencing of the images. It is required that each GCP (Ground Control Point) is clearly identifiable in the aerial image after processing.
1.2. Followings are the steps for image processing:
Identification and marking of GCP on the site before processing the aerial
imageries. Minimum number of GCP should not be less than 20-25 for any village settlement.
Perform aerial photography at an approximate photo scale of 1:500, using
high resolution daylight camera (16MP or more) with geo-tagging (RTK GPS), high precision, and photogrammetric aerial camera.
Pre-processing of acquired images with on board GPS data in the UAV
(Unmanned aerial vehicles)/INS (inertial navigation system)/IMU (inertial measurement unit) system, base station GPS and GCP (ground control points).
Existing fine resolution DEM data can be use or create the new DEM using
break lines and mass points is used along with camera the same data can be used for undertaking ortho rectification of image data.
Ensure uniform pixel resolution across RGB and panchromatic bands if all
the bands are used in the data acquisition.
Identification of GCP locations earlier associated with the aerial imageries and performs geo reference images overlapping 60% forward and 30% side.
Perform precisely geo-referencing of image with 20-25 GCP in a village and 7-12
GCP outside village parcels.
Hardcopy of the ortho images are to be used for field verification of land parcel and for further correction process as and when required by the client within the contract period.
Record Visible and identifiable features like but not limited to Buildings,
other structures, including fence, building corners of the enclosed stack flare station, former power plant building, fence lines, tanks, major pieces of stationary equipment, utility poles and visible utilities (manholes, etc.), stockpiles, edge of roads, trails, paved areas, and gravel areas, grade breaks/tops and bottoms of slopes and other major site features.
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1.3. Flight Frequency
Aerial photography (as described above) shall be perform every Six month or
as directed by the client.
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1.4. Imagery Acquisition:
COMPONENTS DESCRIPTION
Coverage Area Phase-I Area - approximately 10 Sq Km.
Pixel Size ~3cm to ~5cm, 24-bit true colour
Flight Height Not more than 4000 ft. (Shall be consider as per the site conditions*)
Accuracy National Map Accuracy Standard (NMAS) suitable scale 1 : 500 mapping.
Camera High resolution camera (16MP or more)
Photographic Conditions
Ground must be free of fog, snow, haze, dust, and smoke
Image Quality Clear and sharp in detail
Less than 5% cloud cover and/or shadow shall not appear in any of the image.
No “warped” bridges, underpasses, or roads
No “image smear” or “stretched” area on images
No inconsistencies in tone and density between
adjacent image tiles
Must be radio metrically & geometrically corrected to enable adjacent image tiles to be displayed simultaneously without obvious distinctions between them.
Seasonal and temporal differences should not
show differences across image join lines.
The solar angle must be 30-degrees or more above the horizon at the time of exposure.
Overlapping 60% forward and 30% side
* Height should be considered appropriately (for best result) as per best practices.
1.5. Delivery Schedule:
Flight Plans – Within 10 days of contract
Orthophotos – Within 30 days of acquisition
All Remaining Deliverables – Within 60 days of acquisition
1.6. Deliverables:
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Part I - Ground Control Point (GCP) in ESRI GIS format.
Part II - Raw & processed Ariel imagery in GeoTIFF format.
Part III - Geo referencing images in GeoTIFF format.
Part IV - Contour Map, Metadata of all details in ESRI GIS format.
Part V - DTM / DEM, Contours
Digital map has to be in *.shp format (in CD/DVD) 1.7. Recording Objections:
A register shall be maintained by the consultant to record and track the objections.
The objections should also be flagged in the Digital Topographic Data Base (DTDB) for better control and monitoring.
The consultant shall assist the Government officers in resolving the objections.
Consultant shall finalize the necessary recording of objection format between
Ministry of Defense, DGCA, Ministry of Environment and Forest District Magistrate, Local Police Authority or any other government department whichever is applicable before the commencement of work.
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LIST OF APPROVED MAKES
Sr. No.
Item/equipment List of Makes of various equipments
01 Squirrel cage Induction Motor (100 HP &above)
Kirloskar (KEC) /Jyoti / Siemens/ Crompton/ BHEL/ NGEF/ Bharat Bijlee/ GE
02 Squirrel cage Induction Motor (Below 100 HP)
Kirloskar(KEC)/Jyoti/ Siemens/Crompton/ BHEL/NGEF/GE/Bharat Bijlee/ GE/ Kirloskar (KBL)
03 VT/ Centrifugal water Pump sets (500 HP & above)
Kirloskar/ Jyoti/ M&P (Wilo) / FBM(Pentair)/ Grundfoss
04 VT/ Centrifugal water Pump sets (100 HP to 499 HP)
Kirloskar/ Jyoti/ M&P (Wilo) / FBM(Pentair)/ Aqua/ WPIL/ Grundfoss/ Flowserve
05 VT/ Centrifugal Water Pump sets (Below 100 HP)
Kirloskar/ Jyoti/ WPIL/ M&P (Wilo) / FBM(Pentair)/ Aqua/ Grundfoss/ Flowmore / Flowserve/ Beacon/ KSB/CNP/ Laxmi/Shakti
06 Effluent/ Sewage/ Sludge pumps Kirloskar / Jyoti / WPIL/ M&P (Wilo)/ Voltas / KSB / FLowmore / Meghraj Machine / Aqua / Kishor/ Beacon
07 Submersible pump set Kirloskar / Crompton Greaves/ Siemens/ NGEF/ KSB/ Voltas / Su-pump/ Aqua/ Kishor
08 Sluice Valve / Reflux Valve/ Butterfly valve
Fouress/ IVC/ Kirloskar/ IVI/Calsens/ VAG/ Avishkar/Durga /Mayur/Dynamic/KPM/AVK
09 Air valve Fouress/ IVC/ Kirloskar/ IVI/ ARI/Amflow/ VAG/ Avishkar/KPM/ Durga/ Mayur/ Dynamic/ AVK
10 Electrical actuators Auma/ Marsh/ Rotark/ Siemens/Emtork 11 DG set (Alternator) Crompton Greaves / Kirloskar Green/ Stampford
/ KEC/ Leroy somer 12 DG set (Engine) Cummins/ Kirloskar Green/ Caterpillar/ Penta
Volvo /Ashok Leyland /Mahindra & Mahindra/ Perkins
13 LT PVC / XLPE insulated cable (3.5 Core x 35 sqmm and above)
CCI (Tropodour) / Asian cables/ Gloster/ Nicco/ Torrent / Polycab/Universal/ Havells/Finolex
14 LT PVC / XLPE insulated cable (Up to 4 Core x 25 sqmm)
CCI (Tropodour) / Asian cables / Gloster/ Nicco / Torrent/ Polycab/ Universal/ Havells/Finolex/ KEI Incab / /Vishal/ Gulmarg/ /Indoasian
15 HT PVC / XLPE insulated cable CCI (Tropodour) / Asian cables/ Gloster/ Nicco / Polycab/ Universal /Havells/Torrent
16 Cable Lugs & Glands Dowells / Braco/ Jainson/ Siemens/ Comet 17 Measuring Instruments, Ammeter,
Voltmeter, etc. Simco/ IMP/ Automatic/ GEC / MECO /AE/ Conserve/ Motwani / L&T/ Siemens /Industrial meters
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Sr. No.
Item/equipment List of Makes of various equipments
18 Selector Switches, Rotary Switches Simco/ IMP/ Automatic/ GEC/ MECO/ AE/ Conserve / Motwani/ L&T/Siemens /Industrial meters
19 Contactor / starters Siemens/ Crompton/ C&S/ L&T/ ABB / GE / Schneider/Indo Asian
20 Timers- electronic solid state ABB, BHEL, GE, Jyoti, L&T, BCH, Siemens, Minilec, Legrand, GIC, C&S
21 ACB/MCCB /MCB / ELCB/ RCCB/ SFU/ TPN/ Change over switch/ HRC fuses/ MCB Distribution Board
L&T/MDS/ABB/Crompton Greaves/GE/C&S/ Siemens/ Havells/ IndoAsian / Legrand/ Schneider/GEC/ Merlin Gerin/ Indokapp
22 HPSV/ HPMV/ MH Street Lighting Fixture
Philips/ Crompton/ Bajaj/ Wipro/ Surya/ GE/ Havells/ Asian/ Mahindra
23 LED street light/ flood light fittings
Philips/Crompton/ Bajaj/ Wipro/Surya/GE/ Havells /Asian/ Mahindra/Agile/Pharox
24 Bulk head fitting Philips /Crompton/ Lumex / Bajaj / Wipro/ Havells/ Surya
25 LED lamps Philips/ Osram/ Cree/ Edison / Nichiya/Syska 26 HPSV / HPMV Lamp Philips/ Crompton/ Bajaj/ Wipro/
Havells/Surya/GE 27 Fluorescent fittings Philips/ Crompton/ Bajaj/ Wipro/ Havells/
Surya/ GE, Anchor, Asian 28 Fluorescent tubes Philips/ Crompton/ Bajaj/ Wipro/ Havells/
Surya/ GE/ Anchor/ Osram 29 CFL lamps Philips/ Crompton /Bajaj /Wipro/ Asian/
Osram/ Havells 30 PVC Insulated copper/ Aluminum
wire/flat Cable Polycab/ Finolex/ KEI/ Fort/ Gloster/ CCI/ Asian/ Gulmarg/ Anchor/ Nicco/ RR cable/ Havells/ L&T/ Jonson/Vishal
31 Casing capping/ Conduit Prestoplast/ Precision / Modi / Volex / Press Fit / BEC/ AKG/Finolex /Diamond
32 Holder/ ceiling rose/ switches/ modular switches/ Plug/ sockets
Anchor/ Leader /Cona / Harison/ Indo Asian/ Legrand/ MK / Crabtree/ ABB/ Precision /Wipro/ Vinay
33 Bell Buzzer CONA/ MAX/ Anchor/ Leader/ SSK 34 Exhaust Fan/ Ceiling fan/ Air
circulator/ Pedestal fan/ Bracket fan
Crompton Greaves/ Usha/ Orient/ GEC/ Almonard/ Khaitan/ Havells/ Bajaj/ Philips / Polar/ Anchor
35 AC Units / Central ACs Hitachi / LG/ Samsung/ Voltas/ Blue star/ Carrier / Godrej/ Videocon/ Mitsubhisi /LLoyed
36 Capacitor Bank ABB/CGL/Siemens/L&T/Asian/Powercap 37 Circuit Breaker (110kV / 132kV) ABB/Alstom/Siemens/BHEL/Crompton 39 Air circulators Crompton Greaves / Usha / GEC/ Alfa/ Unique/
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Sr. No.
Item/equipment List of Makes of various equipments
Almonard/ Khetan/ Bajaj/ Havells 40 Fan regulator Anchor / Roma/ Rider/ Jainex / Cona/ Legrand/
Leader/ Crabtree/ MK / Anchor 41 Electronic Energy meter L&T/ Seimens/ Jaipur/ Mecco/ Enercon/
Udaipur/ Havells/ HPL/ IMP/ Secure/ Emco 42 Electronic Ballast Philips/ Crompton/ Bajaj/ Wipro / GE/ Surya/
Havells/ Anchor 43 MS tubular pole Unique/ Singh profile/National/ India
pole/Bombay tube pole/Laxmi/ Ajay 44 GI Octagonal Pole & High Mast Philips/Crompton/ Bajaj/ Surya/ Wipro
/Valmont/ Transrail 45 FRP Box Sintex/ United/ Indo Asian/National /Siemens 46 Smart Streel Lighting software and
hardware Crompton Greaves
47 Transformer (1000 KVA and above)
Bharat Bijlee/ Kirloskar/ Crompton/ EMCO/ Areva/ ABB/ BHEL/ IMP / Alstom / Siemens/ GEC/ Voltas
48 Transformer (Upto 750 KVA)
Bharat Bijlee/ Kirloskar / Crompton/ EMCO/ Areva/ ABB/ BHEL/ IMP/ Alstom/ Aditya/ Vijay/ Siemens/ GEC/ Voltas/ NGEF/ Mahati/ Telwane/ Rakesh / Transfab/ Shrihans/ Urja / Nanda Transformer / Damsa Vidyut/ Volt–amp/ Saurabh/ Ramkrishna / Transdelta
49 33/22/11 KV Horn Gap/ DO sets Kiran / Pactil / S&S /Damsa
50 33/22/11 KV GOAB switch Kiran / Pactil / S&S /Damsa
51 22 KV Lighting arresters ELPRO / ABB / BHEL/ OBLUM
52 Cable Termination & Straight Jointing kit
Raychem/ M-seal (3 M) / Xicon (CCI)/Densons / Mahaindra & mahindra
53 RSJ pole TATA/SAIL/Jindal/ Zenith / Khandelwal
54 ACSR / AAAC Conductor Apar/ Sterllte/ Kanti cable/ Pratik conductors/ Bombay wire products/ Vekateshwar wires / Prem cables/ Lunkad
55 33/ 22/ 11 KV Disc & pin insulator BHEL/ S&S/ Jaishree/ Punjab/ Ceramic/ India Potteries /Bikanner ceramics
56 HV / EHV indoor/ outdoor Circuit Breakers
Crompton / ABB/ Siemens/ Scheinder/Alstom (Areva)/ Jyoti / BHEL/Andrew Yule
57 LT Current Transformers Pragati/ Kappa/ AE/ Jyoti / C&S/ L&T / MECO/ Gyro/Crompton/Schneider
58 HT Current Transformers AE/ Jyoti / Crompton/ ABB/ Siemens /Scheinder/ Alstom Transdelta/Jain Electrical
59 LT & HT Capacitors Prabodhan/ Universal/ Crompton/ ABB/ BHEL/
Contract Agreement AurangabadIndustrialTownshipLimited
Page433
Sr. No.
Item/equipment List of Makes of various equipments
L&T/ EPCOS/ Shreem/ Khatau Junker/Voltas/ Siemens/Schneider
60 Metering Kiosk ABB/ Huphen/ Transvolt/ Transdelta/ Jain Electrical
61 Indication LED Lamp/ Push Buttons
L&T/ Siemens/ C&S/ Teknik / Rishab/ Asiatic/ Controls & Switchgear/ United Electric / Powergear / Pustron/ABB
62 Relay Alstom (Areva)/ Siemens/ ABB/Jyoti/ BHEL/L&T/ Easun Reyroll/ GE/ Enercon (Conserve)
63 DC Battery Exide/ Amco/ Okaya/ SF Sonic/ Amaron/ AmarRaja
64
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