BID DOCUMENT

for
Development of Infrastructure facilities i.e. Road Network, Water Supply System,
Waste Water Collection System, Recirculation System of Treated Waste Water,
Storm Water Drainage System, Utility Tunnel, Landscaping, Fire Fighting System,
Electrification and Street Lighting and all other works contingent thereto including
trial run for 3 months. Thereafter, 60 months defect liability period including 60
months of Operation & Maintenance of all infrastructure during DLP in Global City
Project (Phase-I) District-Gurugram.
on
Engineering, Procurement & Construction
(EPC) Mode
Volume-II
(Contract Agreement)

Estimated Cost - Rs.758.19 Crores

September-2022
____________________________________________________
Haryana State Industrial & Infrastructure Development Corporation.
C-13-14, Institutional Area,
Sector-6, Panchkula (Haryana):- 134109
Phone No. 0172-2567103, 2590481-83
____________________________________________________
 HARYANA STATE INDUSTRIAL & INFRASTRUCTURE
DEVELOPMENT CORPORATION

e-Tender
for
“Development of Global City Project (Phase-I)
at
Gurugram District- Gurugram”
(On EPC Basis)

(Volume-2)

(Contract Agreement)

Managing Director,
HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION.
1st Floor, Udyog Minar Building, Udyog Vihar, Phase-V, Gurugram.
Email: [email protected]
 Contents
PART I

Preliminary
Recitals 9

1 Definitions and Interpretation 12

1.1 Definitions 12
1.2 Interpretation 12
1.3 Measurements and arithmetic conventions 14
1.4 Priority of agreements and errors/discrepancies 14

PART II
Scope of the Project

2 Scope of the Project 16

2.1 Scope of the Project 16

3 Obligations of the Contractor 40

3.1 Obligations of the Contractor 40
3.2 Obligations relating to sub-contracts and any other agreements 42
3.3 Obligations relating to employment of foreign nationals 42
3.4 Obligations relating to Contractor’s personnel 42
3.5 Obligations relating to advertisement on Project 43
3.6 Obligations relating to Contractor's care of the Works 43
3.7 Obligations relating to electricity, water and other services 43
3.8 Obligations relating to information 43
3.9 Unforeseeable difficulties 43

4 Obligations of the Authority 45

4.1 Obligations of the Authority 45
4.2 Obligations relating to Operation & Maintenance 46
4.3 Obligations relating to Environmental and Forest Clearances 46

5 Representations and Warranties 47

5.1 Representations and warranties of the Contractor 47
5.2 Representations and warranties of the Authority 48
5.3 Disclosure 48

6 Disclaimer 49
6.1 Disclaimer 49

PART III
Construction 50

7 PERFORMANCE SECURITY 51
7.1 Performance Security 51
7.2 Extension of Performance Security 51
7.3 Appropriation of Performance Security 52
7.4 Release of Performance Security 52
7.5 Retention Money 52

8 THE PROJECT SITE 54

8.1 The Site 54
8.2 Procurement of the Site 54
8.3 Damages for delay in handing over the Site 55
8.4 Site to be free from Encumbrances 55
8.5 Protection of Site from encroachments 56
8.6 Temporary Right of Way 56
8.7 Access to the Authority and the Authority’s Engineer 56
8.8 Geological and archaeological finds 56

9 UTILITIES AND TREES 57

9.1 Existing utilities and roads 57
9.2 Shifting of obstructing utilities 57
9.3 New utilities 57
9.4 Felling of trees 57

10 DESIGN AND CONSTRUCTION OF THE PROJECT 58

10.1 Obligations prior to commencement of Works 58
10.2 Design and Drawings 59
10.3 Construction of the Project and compensation in delay 62
10.4 Extension of time for completion 62
10.5 Incomplete Works 64

11 QUALITY ASSURANCE, AND SUPERVISION 65

11.1 Quality of Materials and workmanship 65
11.2 Quality control system 65
11.3 Methodology 66
11.4 Inspection and review by the Authority 66
11.5 External technical audit 66
11.6 Inspection of records 66
11.7 Inspection of Works 66
11.8 Monthly progress reports 67
11.9 Samples 67
11.10 Tests 67
11.11 Examination of work before covering up 68
11.12 Rejection 68
11.13 Remedial work 68
11.14 Delays during construction 69
11.15 Quality control records 69
11.16 Video recording 69
11.17 Suspension of unsafe Construction Works 69

12 COMPLETION CERTIFICATE 71
12.1 Tests on completion 71
12.2 Provisional Certificate 71
12.3 Completion of remaining Works 72
12.4 Completion Certificate 72
12.5 Rescheduling of Tests 73
13 Change of Scope 74
13.1 Change of Scope 74
13.2 Procedure for Change of Scope 74
13.3 Payment for Change of Scope 75
13.4 Restrictions on Change of Scope 75
13.5 Power of the Authority to undertake works 76

14 Traffic Regulation 77
14.1 Traffic regulation by the Contractor - Deleted 77
15 Defects Liability 78
15.1 Defects Liability Period 78
15.2 Remedy and rectification of Defects and deficiencies 78
15.3 Cost of remedying Defects 78
15.4 Contractor’s failure to rectify Defects 78
15.5 Contractor to search cause 78
15.6 Extension of Defects Liability Period 79

16 Authority’s Engineer 80
16.1 Appointment of the Authority’s Engineer 80
16.2 Duties and functions of the Authority’s Engineer 80
16.3 Authorized signatories 81
16.4 Instructions of the Authority’s Engineer 81
16.5 Determination by the Authority’s Engineer 81
16.6 Remuneration of the Authority’s Engineer 82
16.7 Termination of appointment of the Authority’s Engineer 82
16.8 Interim arrangement 82

PART IV 83
Financial Covenants

17. Payments 84
17.1 Contract Price 84
17.2 Advance Payment 84
17.3 Procedure for estimating the payment for the Works 86
17.4 Stage Payment Statement for Works 86
17.5 Stage Payment for Works 87
17.6 Payment of Damages 89
17.7 Time of payment and interest 89
17.8 Price adjustment for Works 89
17.9 Restrictions on price adjustment 92
17.10 Final Payment Statement 92
17.11 Discharge 93
17.12 Final Payment Certificate 93
17.13 Change in law 93
17.14 Correction of Interim Payment Certificates 93
17.15 Authority’s claims 94
17.16 Bonus for early completion 94
17.17 Price Adjustment for O&M 94
18 Insurance 96
18.1 Insurance for Works 96
18.2 Notice to the Authority 97
18.3 Evidence of Insurance Cover 97
18.4 Remedy for failure to insure 97
18.5 Waiver of subrogation 97
18.6 Contractor’s waiver 98
18.7 Cross liabilities 98
18.8 Accident or injury to workmen 98
18.9 Insurance against accident to workmen 98
18.10 Application of insurance proceeds 98
18.11 Compliance with policy conditions 98

Part V
Force Majeure and Termination 99

19 Force Majeure 100

19.1 Force Majeure 100
19.2 Non-Political Event 100
19.3 Indirect Political Event 101
19.4 Political Event 101
19.5 Duty to report Force Majeure Event 102
19.6 Effect of Force Majeure Event on the Agreement 102
19.7 Termination Notice for Force Majeure Event 103
19.8 Termination Payment for Force Majeure Event 103
19.9 Dispute resolution 103
19.10 Excuse from performance of obligations 104
20 Suspension of Contractor’s Rights 105
20.1 Suspension upon Contractor Default 105
20.2 Authority to act on behalf of the Contractor 105
20.3 Revocation of Suspension 105
20.4 Termination 105

21 Termination 106
21.1 Termination for Contractor Default 106
21.2 Termination for Authority Default 108
21.3 Termination for Authority’s convenience 109
21.4 Requirements after Termination 109
21.5 Valuation of Unpaid Works 110
21.6 Termination Payment 110
21.7 Other rights and obligations of the Parties 111
21.8 Survival of rights 111
21.9 Foreclosure with mutual consent 112
PART VI
Other Provisions 113

22 Assignment and Charges 114

22.1 Restrictions on assignment and charges 114
22.2 Hypothecation of Materials or Plant 114
22.3 Vehicle at site 114
23 Liability and Indemnity 115
23.1 General indemnity 115
23.2 Indemnity by the Contractor 115
23.3 Notice and contest of claims 116
23.4 Defence of claims 116
23.5 No consequential claims 117
23.6 Survival on Termination 117

24 Dispute Resolution 118

24.1 Dispute resolution 118
24.2 Conciliation 118
24.3 Arbitration 118
24.4 Arbitration Fee 119
24.5 Jurisdiction of Court 119

25 Miscellaneous 120
25.1 Governing law and jurisdiction 120
25.2 Waiver of immunity 120
25.3 Delayed payments 120
25.4 Waiver 120
25.5 Liability for review of Documents and Drawings 121
25.6 Exclusion of implied warranties etc. 121
25.7 Survival 121
25.8 Entire Agreement 121
25.9 Severability 122
25.10 No partnership 122
25.11 Third Parties 122
25.12 Successors and Assigns 122
25.13 Notices 122
25.14 Language 123
25.15 Counterparts 123
25.16 Confidentiality 123
25.17 Copyright and Intellectual Property Rights 123
25.18 Limitation of Liability 124

26 Definitions 125
26.1 Definitions 125

List of Schedules 132

A Site of the Project 134

1. The Site 134
Annexure-I: Site for Project 135
Annexure-II: Dates for providing site 136
Annexure-III: Detail of the Project 137
Annexure-IV: Environmental Clearances 138
B Development of the Project 139
1. Development of the Project – Scope of the Project including 139
Layout Plan And Conceptual Drawings (Vol. - III)

2. Specifications and Standards – Volume - IV 139

Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

C Applicable Permits 140

1. Applicable Permits 140

D Form of Bank Guarantee

Annexure-I: Form of Guarantee for Performance Security 141
Annexure-II: Form of Guarantee for Withdrawal of Retention Money 144
Annexure-III: Form of Guarantee for Mobilization Advance Payment 147
E Contract Price Weightages 150
Annexure-I : Contract Price Weightage 150
Annexure-II : Payment Schedule 151

F Project Completion Schedule 159

1. Project Completion Schedule 159
2. Project Milestone-I 159
3. Project Milestone-II 159
4. Project Milestone-III 159
5. Project Milestone-IV 159
6. Project Milestone-V 159
7. Scheduled Completion Date 160
8. Extension of Time 160

G Tests on Completion 161

1. Schedule for Tests 161
2. Tests 161
3. Contractor for Conducting Tests 162
4. Completion Certificate 162
Annexure-I : Indicative list of Lab Equipments 163
Annexure-II : Indicative list of Physical/Chemical tests 165

H Provisional/ Completion Certificate 167

I Selection of Authority’s Engineer 169

J Forms of Payment Statements 174
K Insurance 179
1. Insurance during Construction Period 179
2. Insurance for Contractor’s Defects Liability 179
3. Insurance against injury to Persons and Damages to Property 179
4. Insurance to be in joint names 179
L Penalty Criteria Minimum Staff Requirement During Capital Works 180
M Penalty Criteria Minimum Staff Requirement During O&M Period 181

8
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part I

Preliminary

9
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ENGINEERING, PROCUREMENT AND CONSTRUCTION “AGREEMENT”

THIS AGREEMENT1 is entered into on the………………..day of ........................ , 2022.

BETWEEN

The Haryana State Industrial & Infrastructure Development Corporation (HSIIDC),

through its representative _________________, HSIIDC, 1st Floor, Udyog Minar Building,
Udyog Vihar, Phase-V, Gurugram, and having its registered office at HSIIDC, C-13-14,
Sector-6, Panchkula(hereinafter referred to as the "Authority" which expression shall, unless
repugnant to the context or meaning thereof, include its Administrators, successors and assigns)
of First Part;

AND
{-------------------------------------,} 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 Second Part.

WHEREAS:

(A) The Authority had decided to develop the Infrastructure facilities i.e. Road Network, Water
Supply System, Waste Water Collection System, Recirculation System of Treated Waste
Water, Storm Water Drainage System, Utility Tunnel, Landscaping, Fire Fighting System,
Electrification and Street Lighting and all other works contingent thereto including trial
run for 3 months and thereafter 60 Months of defect liability period including 60 months
of Operation & Maintenance of all infrastructure during DLP in Global City Project
(Phase-I) District-Gurugram in the State of Haryana on Engineering, Procurement,
Construction ("EPC") basis in accordance with the terms and conditions to be set forth in an
agreement to be entered into.

(B) The Authority had accordingly invited proposals by its Request for Proposal
No…………..….dated………………..] (the "Request for Proposal" or "RFP") for the
selection of the EPC Contractor for the above referred work of Development of Global City
Project (Phase-I), at Gurugram.

(C) The Authority had prescribed the Technical and Commercial terms & conditions, and invited
Bids (the "Request for Proposals" or "RFP") from the eligible Bidders for undertaking the
Project.

(E) After the evaluation of the received Bids, the Authority had accepted the Bid of the Selected
Bidder and issued its Letter of Acceptance vide no. date (hereinafter called the
"LOA") to the Selected Bidder for Development of Global City Project (Phase-I), Gurugram at
the Contract Price specified hereinafter, requiring the Selected Bidder to inter alia:

(i) to sign and return the duplicate copy of the LOA in acknowledgement thereof within 7
(seven) days of the receipt of the LOA;

(ii) deliver to the Authority 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

(iii) execute this Agreement within 21 (twenty one) days of the date of issue of LOA after the
deposition of the performance security.
10
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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 Authority 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:

The following documents attached hereto shall be deemed to form an Integral Part of this
Contract:

a. Request for Proposal (RFP) Document - (Volume-I)

b. Volume II (Contract Agreement)

c. Scope of the Project including Layout Plan and Conceptual Drawings -(Volume-III)

d. Specifications & Standards – (Volume-IV)

e. Financial Bid - (Volume-V)

f. Letter of Acceptance

g. Contractor’s bid (Technical as well as Financial)

In witness where of the parties here to have caused this Agreements to be executed the day and
year first before written

The common seal of the Authority and the Contractor is herein affixed in the presence of signed,
sealed and delivered by ________________________________________on behalf of
Authority
and ________________________________on behalf of Contractor in the presence of

Signature of Representative of Signature of Representative of

Authority Contractor

_______________________________ _______________________________
Witnesses: Witnesses:
1. 1.
2. 2.
3. 3.

11
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE- 1
(DEFINITIONS AND INTERPRETATION)
1.1 Definitions

The words and expressions beginning with capital letters and defined in this Agreement 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 twoor
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, fabrication,
testing, and commissioning of the Project, 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, up- gradation and other activities incidental hereto
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;

12
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

j. references to a "business day" shall be construed as a reference to a day (other than a Sunday)
on which banks in the State of Haryana 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 orcontingent;

r. references to the "winding-up", "dissolution", "insolvency", or "re-organization" 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, reorganization, 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 Authority 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 Authority’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 Authority’s Engineer, as the case may be, in this behalf and
not otherwise;

u. the Schedules 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 pre-estimated loss and

13
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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.

1.2.2 Unless expressly provided otherwise in this Agreement, any Documentation required to be
provided or furnished by the Contractor to the Authority shall be provided free of cost and in
three copies, and if the Authority 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
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;

(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.

14
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part II

Scope of Project

15
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE-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. construction of the Project on the Site set forth in Schedule-A together with provision of Project
Facilities and in conformity with the Specifications and Standards as specified in Schedule-B
read with Volume-III & IV; (Architect Schedules);
b. 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;

c. Guiding Principles to interpret the scope of project as given in Schedule-B

(i) This Article spells out in brief the scope of work of the Contractor in relation to the Global
City Project (Phase-I), at Gurugram. For detailed scope of work, layout plans and conceptual
drawings, the Contractor should make reference Schedule-B read with Volume-III
comprising of Layout, Conceptual drawings and Volume-IV providing specification and
standards. The Contractor will have to carry out the data collection, surveying, planning,
designing, engineering, procurement and construction of the Project.
(ii) This work is to be executed within the strict timeline without any fail, hence the Contractor
shall mobilize all its resources well in time to achieve that. The Contractor shall increase its
efforts and resources to compensate any hindrance/s or obstruction to work, if any, occurred
during the execution of the Project Works. However, nothing extra shall be paid to the
Contractor on this account and shall be considered to be covered under the Contract Price.
(iii) An Authority’s Engineer will be appointed by the Authority before the start of the construction
work, to supervise and ensure the quality of the Works as per the Specifications and Standards,
codal provisions, requirements set forth under Applicable Laws, Applicable Permits and this
Agreement.
(iv) Contractor will be responsible for the execution of all development works of Global City
Project (Phase-I).

2.1.1 Pre-construction Stage

1. At the initial stage, Contractor shall prepare all Architectural, Structural and working
drawings of the project including all facilities i.e. roads, public health, solid waste
management, electrical, mechanical, Fire Fighting, Landscaping, and utility tunnel etc. as
per norms, codes as applicable and seek prior approvals from Authority/ Authority’s
Engineer before execution of the work.
2. The proposal shall include everything as envisaged in the RFP.
3. Contractor will submit an audio-visual presentation having HD (420P). It must include
walkthrough highlighting the proposals and vision of the Contractor.

16
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

4. All works are to be designed and shall be carried out as per Haryana PWD, CPWD,
CPHEEO specifications, NBC, MoRT&H specifications and applicable norms of state/ central
and other competent Authority.
5. It will be the responsibility of the Contractor to conduct topographical surveys to prepare
their proposals and subsequent execution
6. Contractor will ensure that all environmental norms are fulfilled. However, the environment
clearance for the project has already been taken by the authority.
7. Contractor will take approvals of all its proposals, drawings etc. from Authority before the
commencement of work at site.
8. It will be the responsibility of Contractor to carry out all studies, analysis, and give clear
recommendations for works to be carried out at every stage of work.
9. Contractor will verify all existing drawings attached with contract agreement and prepare its
own schedule and strategy to proceed further. However, the Contractor will stick to the PERT
chart/ schedule of execution of activity as approved by the Authority Engineer.
10. Contractor will ensure compliance of all norms, bye-laws, as applicable on site.
11. Contractor will submit progress of work reports periodically as the case may be.
12. Contractor will submit technical specifications, schedule of materials, finishes, BOQs, and
detailed estimates of each component with value engineering.
13. All planning and designing should ensure minimum impact on the environment and follow
green principles as much as possible.
14. Contractor will ensure water conservation, energy saving and use of non-conventional
energy sources like wind energy and solar energy, etc.
15. Contractor will conceptualize plans for circulation and management of traffic,
transportations of materials and machinery as per need and prescribed standards and codes.
16. Contractor has to provide detailed designs and drawings complete in all respects which are
Good for Construction (GFC).
17. Contractor shall make available ‘Basis for planning and design’ as and when demanded by
Authority.
18. Contractor will list down and obtain approvals, permissions/ licenses required to undertake
variousworks including their operations and maintenance thereafter from any state/central
Govt. Department. Authority if required, will provide assistance or covering letter for the
purpose.
19. Contractor will also list down equipment, machinery or instruments to be purchased for the
project.
20. Authority will check all drawings, documents and estimates. Contractor will make necessary
modifications/ corrections as per requirement.
21. The Contractor will start the work only after getting approvals of each drawings and design
from the Authority/ Authority’s Engineer.
22. The Authority/ Authority’s Engineer will check and approve the provisions of specifications
and retain one signed copy of each drawing in records.
23. Contractor will consume the material at site after getting its approval of Authority/
Authority’s Engineer/ Authority’s Representative assigned for this work.
24. Any land provided by the authority to the Contractor within the provisions here of for labour
hutments, stores, temporary offices, site lab etc. shall be on temporary basis till completion of
works and shall not create any right, title or interest whatsoever in the contract herein or in
respect thereof.
17
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
25. The Contractor shall also be responsible for constructing a suitable furnished office
accommodation of plinth area not less than 250 Square Meters for the Engineer-in-charge,
Supervisory Staff of the Corporation and Consultant / Construction Manager as directed by
the Engineer-in-Charge.
26. Three brand new vehicles i.e. one each for road works, PH Works & Electrical Works (Make
Bolero Top Model) shall be provided to the Authority on the start date of Contract Agreement.
The cost of running, maintenance, driver’s salary, fuel, Toll Tax etc., complete shall be borne
by the Contractor. Each vehicle will run about 4000 km/month including Sunday / Holidays
up to completion of works including extended period if any. The vehicles shall be transferred
& handed over to HSIIDC after the completion of work. The vehicles shall be made available
before the start of work.
27. In case, the above facilities are not provided by the contractor, the following deduction shall
be made per month from the payment due to the contractor.
(i) Site Laboratory - Rs.100000/- per month or part thereof
(ii) Authority site office - Rs.100000/- per month or part thereof
(iii) Project Vehicles for authority - Rs.100000/- per month per Vehicle or part thereof
28. The provision of site office for the Engineer-in-Charge / Construction Manager and vehicles
to the Authority shall be incidental to work and nothing extra on this account shall be paid

18
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

2.1.2 Construction Stage

1. Contractor will apply and obtain approvals from all concerned authorities before starting the
work.
2. Contractor will submit reports to Authority periodically about the progress/stage of work.
3. Contractor will prepare physical detailed models of the buildings/site layout on suitable scale.
4. The Contractor shall submit shop drawings of all the custom-built equipment, including pumping
system, pump house layout, piping, valves, positions of all type of sleeves in structural members
and drainage network etc. Contractor shall also submit catalogue, manufacturer’s drawings,
equipment characteristics data, performance charts as required by the authority
5. Contractor shall pay all taxes, GST, fees and duties etc. that are required for all work including
temporary works.
6. Broadly the scope of work covers the planning, designing, engineering, procurement and
construction of following infrastructure works & all other contingent works thereto, as listed
below:
a. Site grading
b. Earth Work & Anti-Termite Treatment
c. Road Works
d. Landscape Works
e. Potable water Supply System including diversion/realignment of existing 600 mm Dia. pipe line.
f. Recycled Water Supply System
g. Sewerage Works
h. Drainage Works including the realignment/diversion of existing storm water drain and treated
effluent channel passing through project area.
i. Fire Fighting Works
j. Utility Tunnel
k. Electrical Works & Associated Building & Civil Works
7. The scope of work will be inclusive but not limited to sub structure and super structures and
allied works as required for successful completion of construction works.
8. The scope of the civil works to be carried out includes but not limited to the following items:
a. Clearing of site vegetation, excavation in all types of soil, soft rock, hard rock, site grading
(as per required level) etc.
b. Back-filling of area wherever specified, and filling of foundations and drainage work as
specified. The excavated reusable material in general shall be used by the Contractor for back
filling purpose.
c. The Contractor to submit and get approval from authority regarding dumping of excavated
earth and waste material
d. Waterproofing treatment of roof, tanks and sunken areas
e. Dewatering during construction as required.
f. Providing facilities (QA & QC laboratory of minimum BIS Standard for testing of materials
NABL Accredited) throughout the contract period for sampling the construction materials
for testing as and when required as per the specification and as directed by the Authority and
submit its one copy for the records. The contractor has to maintain all the quality record of
executed works as per the frequency of the test as per relevant codal provisions.
g. Procurement, Supply and Storage of materials like cement, aggregates, reinforcement steel,
couplers, HT steel wire / strands, wire fabric, admixture, concrete/ Fly ash/ AAC blocks,
19
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
expansion joint materials, sealants, structural steel etc.
h. Production of concrete in fully computerized batching plant and placing with concretepumps
/ placer booms/ tower cranes etc. in various buildings
i. Re-do of defective works rejected by Authority/ Authority’s Engineer/ Authority’s Representative.
j. Formwork for concrete and Exposed Concrete.
k. Precast concrete covers
l. Reinforced concrete work in raft, isolated footings, walls, columns, slabs, beams,
underground tanks and trenches etc.
m. Reinforcement work.
n. Fabrication & erection of structural steel work, embedded parts, pipe sleeves, etc. including
painting.
o. Fixing expansion joint materials and caulking of joints.
p. Autoclave Aerated Concrete masonry works.
q. Finishing works – Partition walls, GI sheet/ aluminum perforated screen, plastering,
flooring, painting, etc.
r. Providing and laying flooring as per specifications.
s. For approach to the site from road, care should be taken to coordinate existing levels of
respective structures in order to ensure smooth access to the project site. Works essential for
this shall be done by bidder at no additional cost.
t. External Development with Landscaping – Water Feature, Hardscape and Softscape and
outdoor exhibit and lighting complete in all respect.
u. The complete list of items of work shall be as per the schedule of quantities.
v. Preparing Mock-ups for all finishing items, furniture pedestals, railings, cladding etc
w. Preparing and submitting shop drawings of all the mentioned items, as and when required.
x. Disposal of excess excavated earth as directed by Authority.
9. Construction of all super structure works like AAC, plaster, finishing, flooring, painting, doors,
window, false ceiling, false flooring or cavity flooring, structural glazing, skylight, automated
gates, rolling shutters, decorative exterior finishes, cladding, sculpture integrated to exterior if
any, internal wall cladding, aluminum and gypsum decorative features, ACP cladding at interior
and exterior of the building, water proofing wherever applicable, hardscape work outside the
buildings or in courtyard, paving work and construction related to external parking, drainage,
making provisions for MEP works, finishing in all aspect after installation of MEP system and all
other allied works related to construction of the building/ civil works at Global City along with
making provisions for glass cleaning and other maintenance of finishing of the building.
a. Construction of all utilities, provision of crossing over services at necessary locations. The
scope will also include enclosure to DG, transformer etc as per design.
b. Design, supply and construction of public health amenities if anything stated in detail,
preparation of construction drawings with allied nozzles, plumbing, water overflow, disposal
and recycling system provisions, Pump, underwater lighting fixture and other electro-
mechanical equipment, and execution of the total system as per approved drawing. Planting
of decorative plants wherever required.
c. The scope is limited up to the boundary of the Project Area in general. But for services and
drainage, sewerage, rainwater harvesting systems, HVAC system and inlet water line etc.
the scope shall be extended up to the utility building or nearest tapping / outfall point
whatsoever is applicable.
d. Shop drawings for all vendor-based items, glazing, aluminum screen cladding, all electrical
works, signages, water recirculation system for water body, all glass works, door windows,
irrigation, pumps, and any other vendor specific items, will be provided by Contractor with
all necessary data and requirement of Authority.
e. The materials shall strictly conform to relevant standards mentioned in detailed specifications
20
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
f. The work shall be executed in accordance with best practices as per latest I.S. codes and other
relevant codes.
g. The Contractor shall make his own arrangements for drawing and distribution of water and
electricity.
10. The Contractor shall also make his own arrangements for other facilities like compressors; DG
sets etc. for unhindered progress of work.
11. Fire proofing of all the steel structures like steel roof main structures as per NBC/HBC guidelines.
All exposed (visibly seen) steel elements shall be painted/coated using either intumescent or
vermiculite of approved shade/color (by Authority) and others may be treated/coated using fire
rated coatings from approved standard manufacturers and agencies.
12. The works covered under the scope are to be carried out complete in all respect including services
and rates quoted by the Contractor shall be considered for entire scope of work which includes
all activities and work starting from the given concept to completion till handing over of
completed project in functional state from all perspective. There can be changes in the scope of
work as per requirement of local body, Fire Services, etc. The drawings attached with this
document are indicative only and the detailed drawings shall be developed by the Contractor after
approval of competent authority & by the local body.
13. Conceptual Design and Drawing with the layout is Annexed in Volume – III to give fair idea
about the project.
14. The site shall be handed over to the Contractor for planning, designing and execution of work on
“as is where is basis”. If any demolition is required shall be done by the Contractor, residual
fetched from it shall be the property of Contractor. However, this retrieved material can be
used by the Contractor after due modification and requisite approval from the authority.
Guidelines issued from time to time by the competent authority for demolition and handling of
C&D waste shall be followed by the Contractor for which nothing extra shall be payable
15. The Contractor shall hand over the assets after completion of work with as built drawings, services
route plans, Maintenance manuals, Warrantees / Guarantees or any other document required by
the Authority for record and maintaining these establishments.
16. Contractor shall make the payments to its vendors whenever due, if work is hindered due to non-
payment to vendors, Authority may directly make payment and the same shall be deducted from
the bills of the Contractor.
2.1.3 Scope of Work
2.1.3.1 During Development of Global City (Phase-I) at Gurugram.
A. The brief scope of works for all the services to be considered under this tender has been
described below, based on the preliminary design of services the scope has been prepared.
The detailed design and G.F.C drawings of each component for all sectors shall be under
the scope of contractor as directed by the authority. The scope of work includes data
collection, surveys, planning, design, engineering, procurement, construction, installation/
erection, testing, commissioning and all other works contingent thereto including trial run
for 3 months and thereafter 60 months of defect liability period including 60 months of
O&M for all infrastructure services as detailed below.

B. Phase-1 as shown within the red boundary (refer dwg. no. EIUD1HR001-HSIIDC-GC-MP-
001) is in the scope of present tender and rest of Phase-2 & Phase-3 to be part of separate
tender and to be executed separately. The drawings enclosed with this tender document are
indicative and for reference purposes only. The successful bidder has to prepare the designs
and detailed drawings and obtain necessary approvals.

21
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
C. Unless otherwise excluded specifically the scope of work here shall include data collection,
surveys, design and construction of all services/ works mentioned in the scope of work and
shall include all materials, labours, machinery and other inputs, including preparatory and
temporary works to complete the work in all respects.
D. The Contractor shall be fully responsible to ensure that the whole of the Works, including
each individual component, is designed and constructed in a manner so that the System as
a whole operates as a fully integrated system in an efficient and economical manner, and to
include all plant, equipment and accessories required for the safe and satisfactory operation
of the facilities. To achieve this, the Contractor shall ensure that each individual component
performs in a manner which is complimentary to that of all other components. Any
accessories which are not specifically mentioned in the specifications, but which are usual
or necessary for completion of the Works and successful performance of the System and
facilities shall be provided by the selected Bidder within the tendered cost. The Contractor
shall, to the maximum extent practical and feasible, endeavour to standardize on the
manufacture and supply of plant and equipment so as to minimize the operation and
maintenance requirements. The Contractor shall ensure that his designs are "maintenance-
friendly" and that all items of plant and equipment are designed and installed in a manner
which will facilitate routine and periodic maintenance operations.

E. Road Works

Development of the Project Roads shall include, design and construction, of the Arterial
Roads, Sub-arterial Roads, Primary Collector Roads, Secondary Collector Roads and
Access Roads with flexible pavement generally as per the typical cross section drawing
(Ref. Drawing No. EIUD1HR001-HSIIDC-GC-RD-001) attached in RFP including
kerbs & channel along the roads, culverts, footpath, road markings, road signage, traffic
control devices including Adaptive Traffic Control System (ATCS), safety works,
pedestrian facilities, road furniture, median and road side plantation and bus stops at
strategic locations, etc.

Roads shall have to be designed for sub-grade with a minimum CBR of 8%. All
Materials, Works and Construction operations shall conform to the Specifications for
Road and Bridge Works (as per latest amendment), issued by the Ministry of Road
Transport & Highways (MoRT&H). Where the Standards and Specifications for a work
are not given, Good Industry practice as per decision of the authority engineer shall be
adopted to the satisfaction of the Authority’s Engineer.

Kerb & Channel along Roads, Culverts, Footpath, Road markings, Road Signage, Traffic
Control Devices, Safety Works, Pedestrian Facilities, Median etc. are to be designed and
executed as per the relevant Bid/Tender drawings and IRC codes and shall be the
responsibility of the contractor. ATCS shall be provided at all junctions as per the
Technical Specifications given in Volume-IV of the RFP.
Road length and crust details of different types of roads are as under.

(i) Length and ROW details of various types of roads:

S.No. Road Classification Proposed ROW Road Length (m)

1 Arterial Roads 60 m 4557
2 Sub Arterial Roads 45 m 164
3 Primary Collector Road 30 m 2185
4 Secondary Collector Road 18 m 2173
5 Access Road 13.5/12/9 m 1123
Total 10,202

22
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(ii) Length of Service Roads, Cycle track and Pedestrian Walkways:

Service Road Cycle Track Pedestrian
Road Classification Walkway
LHS RHS LHS RHS LHS RHS
Arterial Roads 4557 4557 4557 4307 4557 4307
Sub Arterial Roads 164 164 164 164
Primary Collector Road 2185 2185 2185 2185
Secondary Collector Road 2173 2173
Access Road 1123 1123
4721 4721 6742 6492 10202 9952
Total Length
9442 13234 20154
F. Landscape Works

The scope of Landscaping works (including hardscape, softscape etc.) for Global City
(Phase I) are given in the relevant drawings. The scope is majorly divided into two parts
as mentioned below:
a) Entrances Gateways & Internal Roads
Entrance Gateway
The development is approached through two entrances, one at Pataudi road and other at
the Northern peripheral road. Width of the entrance gateway will be suitable for 60m width
of the ROW. Entrance gateways shall include the following:

i. Development of three structures with a pergola on top. Three out of two structures (height
10m) to be guard rooms and the center one (height 12m) could be used as store room or
extra guard room. Pergola at height of 10m, is a mild steel structure finished with white
PU paint (refer dwg no. EIUD1HR001-HSIIDC-GC-LS-009).
ii. Guard rooms (2 nos.) of size 3mx3m with a provision of access door with a glazed fixed
and sliding window; size as per standards. Guard rooms to be cladded with white sandstone
upto the height of 5m with textured paint finish on rest of the area (refer dwg no.
EIUD1HR001-HSIIDC-GC-LS-009).
iii. Installation of security system to be equipped with automatic boom barrier and RFID
(Radio-Frequency Identification) system. Maximum length of boom to be 6m. Two boom
barriers for each entrance & exit (total 4 nos.) would be required as per the carriage way
available.
iv. Feature walls (2 nos.) of 3m height on either side of the gateway with white sandstone
cladding; size and shape as shown in the drawing (refer dwg no. EIUD1HR001-HSIIDC-
GC-LS-009).
v. Water features at the entrance & exit (2 nos.) and one in the center median (1 no.) with
water fountain; size and shape as shown in the drawing (refer dwg no. EIUD1HR001-
HSIIDC-GC-LS-009), depth required for water fountains along with electromechanical
works to be developed by the contractor. Water features will be finished with black
polished granite stone cladding.
vi. Pathways & green areas: pathways from ROW to be continued inside the gateway and join
the internal ROW pathway. Green areas in and around the gateway having planting is as
indicated in the drawing.

For entrance area, refer drawing numbers EIUD1HR001-HSIIDC-GC-LS-009 from the

landscape drawing package submitted. The entrance gateway drawing is indicative only
showing the design intent supported with a reference 3D image. Contractor has to develop
23
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
the design in detail, prepare GFC drawings and get it approved by the client.

Internal Roads

Roads are categorized into hierarchies varying between 60m to 9m. Landscape scope for
roads is development of softscape only. Softscape in road comprises of upper (trees/palms)
& lower story plantation (shrubs, groundcover & grasses) in the green corridors of the
ROW. Utilities run below the green corridor. Care shall be taken while planting trees with
respect to the utilities. Co-ordination with light poles & other street furniture (if any) would
be required.
Above has to be read in conjunction with the landscape drawing package submitted to the
client. Contractor has to develop detail design in co-ordination with utilities, prepare GFC
drawings and get it approved by the client.

Exclusion

 Hardscape : It comprises of development of footpath, cycle path complete with

finishes is excluded from the landscape scope of works but included elsewhere in
other heads in the tender. Hardscape within ROW is included as in part of road
development.
 Road lighting : It is included and is part of electrical works required for lighting of
the road.
b) Open areas other than roads
This area includes both hardscape (paved areas including furniture & lighting) and softscape (green
areas & plantation) works. Scope of work, includes, but not limited to, providing all labor,
materials, equipment, tools, and services required to execute landscape works within the defined
project boundary.
Landscape development for phase-1 is divided into 3 major areas as mentioned below. The
below description has to be read in conjunction with the landscape drawing package
submitted to the client. Kindly refer drawing numbers EIUD1HR001-HSIIDC-GC-LS-
001 to 008.
i. Development around the lake
Lake is intended to act as a water reservoir for the entire development. A public arena is
proposed which jets in the water giving an experience of floating deck. A 4m wide concrete
pedestrian cum cycle pathway runs along the periphery of lake. A promenade
(approximately 18m wide) runs along the edge of the lake with stone bands and green
areas in the center. The promenade further extends to an interactive water feature plaza
with lawns. A boardwalk is proposed having provision of boat docks connecting the lake
N-S. The drawing showing all above feature is enclosed as dwg no. EIUD1HR001-
HSIIDC-GC-LS-003 (Sheet 1 of 3)
ii. Pedestrian Mall
A 30m wide pedestrian mall is proposed which extends beyond public right of way upto
building front in ped mall and high pedestrian use areas, generally as dwg. no.
EIUD1HR001-HSIIDC-GC-LS-003 (Sheet 2 of 3)
iii. Development along the stormwater swale
Further to East of the 60M road, a stormwater swale is proposed W-E passing through a
plaza connecting the 18M road across, in form of a shallow water channel. Swale is a low-
lying or depressed and often wet stretch of land to convey stormwater but also help to treat
runoff to reduce pollutants. Overflow of the stormwater would be collected in the west
with a provision of underground pump. A 3m pedestrian path & 5m pedestrian cum cycle
path runs along the swale with sprawling lawns and maze. The features above have been
shown generally as per dwg. no. EIUD1HR001-HSIIDC-GC-LS-003 (Sheet 3 of 3)
The landscape drawing package enclosed with the tender is indicative conveying the
design intent. Contractor has to develop the design in detail, prepare GFC drawings and
get it approved by the client.
24
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
The landscape work will cover all the earthworks required for civil & horticulture works,
providing and laying of granular sub bases for paved areas, laying of different
materials/flooring on the paved areas in the specified size, colour and finishes. Landscape
drawing package along with the technical specification document mentioned in the tender
to be referred. Hardscape shall also include installation of furniture which includes seats,
railing, bins, etc wherever required. Landscape lighting & fixtures to be provided based
on the functional & aesthetic use of the space. Landscape lighting drawing which includes
provision of lighting for pathways, lawn area, water feature, plantation and ambience
lighting to be prepared by the contractor and approved from the client. Careful co-
ordination and construction of all the utility manholes with the arrangement of landscape
areas is required and is deemed to be included in the scope of works. Water supply required
for irrigation purpose of softscape areas (which includes lawn, planting along the
stormwater swale and plantation on other green areas) to be done through recycled water
connections (to be provided under the scope of this tender). Recycled water provision has
been provided in utility tunnel. Connection for irrigation has to be taken from the nearest
utility tunnel of green areas. A detailed irrigation network drawing required for landscape
green areas as per the scope of this work is to be designed and constructed/executed by the
contractor and approved by the client. All the construction and maintenance works shall
be as specified in the technical specification document and to be read in conjunction with
landscape drawing package which is part of this tender.
Planting species should be reffered to as mentioned in the drawing no. EIUD1HR001-
HSIIDC-GC-LS-002. The minimum procurement / planting height of trees to be 1.2m
having multi branched stem, minimum procurement / planting height of shrubs to be 0.4m
and minimum groundcovers height to be 0.2m. Planting procedure to be followed as
mentioned in the technical specifications.

Exclusion

 Landscape development for green areas within the phase – 1 residential and
commercial plots.

G. Potable Water Supply System

The Preliminary design of Potable water supply system for the project area has been done
considering the Manual on Water Supply and Treatment -1999: Central Public Health &
Environmental Engineering Organization (CPHEEO), Govt. of India.
Following Scope of Work has been considered at which the contractor has to do the
complete detailed designing and prepare drawings for the Potable Water supply system and
then provide/construct the same:
i. The total Gross Potable and Recycled water demand for the Complete Global city area
is estimated at 102.5 MLD (i.e. Potable demand 56.54 MLD and Recycled demand
48.92 MLD).
ii. However, the Gross Total Water Demand for the Phase-1 development area is
estimated as 24.73 MLD (i.e. Potable demand 15.92 MLD and Recycled demand 8.81
MLD). The detailed design of network and associated infrastructure would have to be
done considering the ultimate water demand. However, the execution would be done
for Phase -1. The Contractor shall, to the maximum extent practical and feasible,
endeavor to standardize for the water supply works and allied infrastructure, designed
and installed in a manner which will facilitate integration of works of future phases
which are likely to be implemented by other agencies. Contractor is also responsible

25
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
to coordinate, manage and resolve interface issues of services of all multiple agencies
working on the project.
iii. The Scope of Work for the Detailed Designing of various components of Potable
water supply system for Phase-1 (included in this tender) development are mentioned
below:
a. The Contractor has to prepare detailed design of R.C.C Raw Water Storage
Reservoir of 7.4 ML covered with RCC slab (Refer Drawing No.EIUD1HR001-
HSIIDC-GC-PW-005) having Raw Water Pumping Machinery for the Raw
Water demand of 29.4 MLD water works at Basai Village.
b. The contractor have to make arrangement for the connection of Proposed Raw
water pumping machinery with exiting Rising Main of 600 mm diameter (Refer
Drawing no. EIUD1HR001-HSIIDC-GC-PW-001) laid between Basai Village
to existing Harsaru Pumping Station.
c. The contractor has to use the Existing Raw water rising main of 600 mm diameter
laid between Basai Village to existing Harsaru Pumping Station. The design and
execution of this Rising main is not in the scope of Contractor.
d. The Contractor has to prepare detail design of the Pump house with pumping
machinery at Harsaru (Refer Drawing no. EIUD1HR001-HSIIDC-GC-PW-003)
and Raw Water Rising main of 1.5 KM length (Refer Drawing no. EIUD1HR001-
HSIIDC-GC-PW-001) from Exiting Raw Water Reservoir at Harsaru to proposed
mass balancing reservoir (MBR) in Phase-1 area and execute/construct the same
in the Global city.
e. The Contractor has to prepare detail design of the Pump house with Pumping
Machinery at MBR location (Refer Drawing no. EIUD1HR001-HSIIDC-GC-
PW-003) and Raw Water Rising main of 100 meter length (Refer Drawing no.
EIUD1HR001-HSIIDC-GC-PW-001) from proposed mass balancing reservoir
(MBR) to proposed WTP location and execute/construct the same in Phase-1 area
of Global city.
f. The Contractor has to prepare detail design of the RCC Raw Water Mass
Balancing Reservoir of 350 ML proposed within the phase-1 area of Global city
and execute/construct the same(Refer Drawing no. EIUD1HR001-HSIIDC-GC-
PW-003).
g. The Contractor has to prepare detail design and execute/construct the Potable
Water Supply Pipe Network of 9389 meter (Refer Drawing no. EIUD1HR001-
HSIIDC-GC-PW-002, sheet no 1 to 5) with House service connections of 48
Numbers with SCADA enabled.
h. The Contractor has to prepare detail design the pipe size of distribution network
and Rising Mains of pipe DI(K-9) is in the range of 100mm to 900mm internal
diameter (Refer Drawing no. EIUD1HR001-HSIIDC-GC-PW-002 &
EIUD1HR001-HSIIDC-GC-PW-001 respectively) and execute/construct the
same;
i. The Contractor has to ensure the minimum residual pressure of 7m at ferrule end
of each connection;
j. The Contractor has to propose Electromagnetic Flow Meters (which are SCADA
compatible) in the main line as well each branch lines of the Potable water
Distribution network at regular interval to observe the flow and water loss within
the network and rising mains.

26
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
k. The Contractor has to propose and execute/construct sluice valve, score valve,
Air valves, NRV and pressure gauge, pressure control valve, flow control valve,
butterfly valve, etc wherever required for the smooth function and ease of
operation & maintenance of project.
H. Recycled Water Supply System
The Preliminary design of Recycled water supply system for the project area has been done
considering the Manual on Water Supply and Treatment -1999: Central Public Health &
Environmental Engineering Organization (CPHEEO), Govt of India.
Following Scope of Work has been considered at which the contract has to do the complete
detailed designing and execute/construct the Recycled Water supply system: -
i. The total Gross Recycled water demand for the Complete Global city area is estimated
as 48.92 MLD.
ii. However, the Gross total Recycled water demand for the Phase-1 development area
is estimated as 8.81 MLD. The detailed design of network and associated
infrastructure would have to be done considering the ultimate recycled water supply
demand. However, the execution would be done for Phase -1. The Contractor shall,
to the maximum extent practical and feasible, endeavor to standardize for the recycled
water works and allied infrastructure, designed and installed in a manner which will
facilitate integration of works of future phases which are likely to be implemented by
other agencies. Contractor is also responsible to coordinate, manage and resolve
interface issues of services of all multiple agencies working on the project.
iii. The Scope of Work for the Detailed Designing and execution/construction of various
components of Recycled water supply system for Phase-1 development are mentioned
below,
a. The Contractor has to prepare detail design and execute/construct the Recycled
Water Supply Pipe Network of 9378 meter (Refer Drawing no. EIUD1HR001-
HSIIDC-GC-RW-001, sheet no 1 to 5) with House service connections of 48
Numbers with SCADA enabled.
b. The Contractor has to prepare detail design and execute/construct the Recycled
Water pipe size of distribution network DI(K-9) is in the range of 100mm to
900mm internal diameter (Refer Drawing no. EIUD1HR001-HSIIDC-GC-RW-
001).
c. The Contractor has to ensure the minimum residual pressure of 7m at ferrule end;
d. The Contractor has to propose Electromagnetic Flow Meters (which are SCADA
compatible) in the main line as well each branch lines of the Recycled water
Distribution network at regular interval to observe the flow and water loss within
the network and rising mains.
e. The Contractor has to propose and provide sluice valve, score valve, Air valves,
NRV and pressure gauge, pressure control valve, flow control valve, butterfly
valve, etc wherever required for the smooth function and ease of operation &
maintenance of project.
I. Sewerage Works
Waste water collection system has to be detailed designed and executed/constructed as per
guidelines laid in Manual of Waste Water, Ministry of Urban Development, Govt. of India
including all the latest amendments. The total waste water generation for complete Global
City project will be around 48.5 MLD. The total waste water generation for Global City
27
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
project (Phase-1) area has been estimated to be around 12.5 MLD. The detailed design of
network and associated infrastructure would have to be done considering the ultimate waste
water generation. However, the execution would be done for Phase-1.
The Scope of Work has been considered at which the contract has to do the complete
detailed designing and execute/construct the Sewerage System. The following assumptions
have been considered while designing the Sewerage System:
1. The contractor has to detail design and execute/construct the sewage network and
ensure that the size of proposed sewer pipes is in the range of 200mm to 1400mm
i/d. (Refer dwg. No. EIUD1HR001-HSIIDC-GC-SE-001)
2. As per the preliminary design, sewer network has been proposed with two types of
pipe materials; DWC-HDPE (SN-8 class) pipes from diameter 200mm to 600mm
dia. and RCC NP3 pipe from 700mm to 1400mm dia. (Refer dwg. No.
EIUD1HR001-HSIIDC-GC-SE-001)
3. Minimum earth cover of 1.8m above the top of the sewer has been taken in order to
protect the pipes from bearing loads.
4. The velocity of flow has been kept in the non-silting and non-scouring regime of
flow.
5. The proposed Manholes have been proposed @ 30m C/C distance of circular shape.
The R.C.C pre cast manholes have been proposed with 1200, 1500 & 1800mm shaft
diameter, also 900mm diameter manholes have been proposed only for plot
connection. (Refer dwg. No. EIUD1HR001-HSIIDC-GC-SE-002)
The treated water from STP will be used for horticulture, HVAC works and flushing
purpose of residential and commercial land use. The total length of Sewer network for
Phase-1 project area is about 14.5 kms. (Refer dwg. No. EIUD1HR001-HSIIDC-GC-SE-
001) for layout plan of Sewerage Network.
The detailed design and drawings of the proposed sewerage system to be prepared and
submitted by the contractor to the client and approval of the same by client to be done based
on above mentioned design concept.
J. Drainage Works
Storm water system has to be detailed design and executed/constructed as per guidelines
laid in Manual of Waste Water, Ministry of Urban Development, Govt. of India & Manual
on Storm water Drainage System, Vol-1 (Part-A : Engineering Design) CPHEEO as per
latest amendment.
As per preliminary design and proposal for storm water drainage the storm water run-off
from the project area will be drained off in swale through RCC rectangular gravity network.
The storm water discharge in swale will be disposed in sump-well through gravity flow and
finally the pumping main from sump-well of DI K9 material will dispose-off the storm
water of Phase-1 project area in NPR Drain.
Following Scope of Work has been considered in which the contractor has to do the
complete detailed designing and execute/construct the Drainage System. The following
assumptions have been considered while designing the Drainage System:

28
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
1. The average rainfall intensity considered for the project is 52 mm/hr for 25 year
return period.
2. As per the preliminary design, the collection network has been proposed with R.C.C
rectangular drain with sizes varying from 900 mm wide drain to 1800 mm wide
drain- (Refer dwg. No. EIUD1HR001-HSIIDC-GC-SD-001).
3. The manholes for stormwater drain network will be the precast covers over
rectangular drain for easy O&M.
4. The velocity of flow has been kept in the non-silting and non-scouring regime of
flow.
5. The sizes and slopes of drain have been kept so as to minimize the depth of drainage
system for better maintenance.
6. The Dismantling of existing drain crossing from the project area will be under the
scope of contractor and diverting the same drain along the project boundary by
constructing the new RCC drain has to be designed and constructed under this tender
document. The hydraulic & structural design of the same shall be under the
contractor’s Scope of Works (Refer dwg. No. EIUD1HR001-HSIIDC-GC-SD-003).
7. Alongside the RCC drain there is 600 mm water supply pipeline which is also to be
diverted along the project boundary by replacing the existing MS pipe with new
600mm dia. DI K9 pipe.
8. The detail design, drawing and construction of rain water harvesting structures /
modular recharge pits as mentioned under drawing volume and BOQ will be under
contractors scope of works (Refer dwg. No. EIUD1HR001-HSIIDC-GC-SD-005).
The total storm water drainage network length (gravity) for Phase-1 project is about 17 kms
and the length of DI-K9 pumping line is about 1.4 kms (Refer dwg. No. EIUD1HR001-
HSIIDC-GC-SD-001).
The detailed design and drawings of the proposed Stormwater drainage system to be
prepared and submitted by the contractor to the client and approval of the same by client to
be done based on above mentioned design concept, before construction.
K. Fire Fighting Works
The Fire Fighting System has to be detailed design and constructed/executed by the
contractor under the scope of works of this tender as per guidelines laid in National Building
Code, NFPA, Local Authority & Bye Laws and other Indian Codes (its latest amendments).
The following assumption have been considered while designing the Fire Fighting System.
1. Work shall commence only after NOC/approval from Fire Officer/ Concerned. All
concurrence letters from the relevant authorities shall be forwarded to the Engineer’s
Representative for record.
2. Work under this section shall consist but not limited to furnishing all labour,
materials, equipment and appliances necessary and required to completely install
electrically operated and diesel driven fire pumps, wet riser, fire hydrant system/fire
extinguishing as required by the drawings and specified in EIUD1HR001-HSIIDC-
GC-FF-002.
3. The recommended maximum permissible velocity is 2.4 m/s for water distribution.
4. As per preliminary design, the location/items like Fire Fighting Pumps, Piping for
wet riser/hydrant systems, Fire Hydrant valves, hose pipes, hose reels, hose cabinets,
29
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
Isolation Valve, non-return valves, pipe supports, Grooved fitting, Seismic Support
, Fire Alarm control valves, water curtain nozzle, Sprinkler heads, Deluge valve,
Fire Brigade Connections, Inspection & Testing assemblies and accessories have
been shown in dwg. No. EIUD1HR001-HSIIDC-GC-FF-002 & EIUD1HR001-
HSIIDC-GC-FF-003.
5. As per preliminary design, the hydrant point has been proposed at every 45 meter.
Minimum 3.5 Kg/cm2 pressure required at farthest hydrant. The detailed design and
drawing to be prepared and submitted by contractor to the client and approval of
same by the client.
6. As per preliminary design, Fire Fighting water tanks capacity have been proposed
500 KL. The detailed design and drawings to be prepared and submitted by
contractor to the client for approval of the same.
7. Fire extinguishers hand appliances water CO2, dry chemical powder type, ABC
stored pressure type as required by these IS-2190, as per the site requirement.
8. The contractor shall be responsible for providing fully detailed hydraulic
calculations of sprinkler and hydrant system to comply with NFPA Standards and
to the requirements of Local Fire Services. All the necessary accessories will be
provided to meet functional requirements of the firefighting system.
9. It is the responsibility of contractor to associate interfacing works with other trades
including electrical, plumbing and sanitary, gas supply and fire alarm/detection,
lifts, escalators, etc. The detailed design and drawing to be prepared and submitted
by contractor to the client and approval of same by the client.
L. Utility Tunnel
The Scope of Work for RCC Utility tunnel works for Global City (Phase I) is mentioned
below :
1. Following are the services which have been proposed to run inside utility tunnel-
o Potable Water supply Network
o Recycled Water supply Network
o Rising Main
o Solid Waste Pneumatic conveyance pipes
o Fire Fighting Network
o Electrical cable
o ICT Network
2. The proposed length of Utility Tunnel for the phase-1 area is 10,600 meters which
includes 6750 meters tunnel length for Road, 2160 meters of tunnel length of Road
under for underground HT line,1350 meters of tunnel length for Road crossings and
300 meters of tunnel length at each road end junctions.(Refer dwg. No.
EIUD1HR001-HSIIDC-GC-UC-001)
3. The contractor has to design and construct the road crossing of tunnel (i.e.
connection tunnel) as per the ROW width for plot connections wherever necessary.
4. The proposed cost of the 10.6km long common utility duct of predominant cross
section of 5.5m x 5m is envisaged to be proposed under the ROW to house the major
utilities in Global City.(Refer dwg. No. EIUD1HR001-HSIIDC-GC-UC-003).
5. As per the preliminary design of Utility tunnel the average wall or slab thickness
adopted is 0.55m (Refer dwg. No. EIUD1HR001-HSIIDC-GC-UC-004). The
30
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
detailed structural design and drawings to be prepared and submitted by contractor
to the client for approval of the same.
6. Apart from the main tunnel, associated works such as crossing, plot connections,
cable trays, MS angles for fixing of cable trays, C channels, structural steel for
support of pipes, cable trays etc. to carry the proposed services inside the utility
tunnel, access through stairways/ ramps at regular intervals are also included in the
scope of works. (Refer dwg. No. EIUD1HR001-HSIIDC-GC-UC-002).
M. Electrical works
The scope of work include complete design, manufacture, packing, assembling, testing
at manufacturer’s work, supply for site, storage at site, erection, execution/construction
testing and commissioning of all electrical equipment along with associated
civil/structural works complete with all materials and accessories for efficient and
trouble free operation required for the Global City Project. The bidder should hold
electricity license from any state. However, in the event of winning the successful
bidders would have to obtain electricity license within 12 months from the Chief
Electrical Inspector, Govt. of Haryana.
The scope of supply and execution/installation, which shall include all material labor
machinery and after inputs to complete the work for EPC contractor shall be a
comprehensive functional system covering all supply and services including but not be
limited to following:
1. 33 kV Switching Stations of capacity (3 X 25 MVA) comprising:
 33 kV Indoor Air Insulated Switchgears including Control and Relay
panels,
 33kV/0.433kV, 100kVA Auxiliary transformers,
 Substation Auxiliaries system comprising of Battery & Battery Chargers,
Lighting system, LT Switchgear, ACDB/DCDB, UPS, RTCC panels
including LT power and control cables, cabling accessories, cable tray,
earthling and lightning protection system, Air Conditioning system etc.
 SCADA System for 33 kV switching stations (Refer drawing no.
EIUD1HR001-HSIIDC-GC-EL-001, 002 & 003).
2. 33 kV Ring Main Units with inbuilt FPI and FRTU, metering etc. for each plot,
(Refer drawing no. EIUD1HR001-HSIIDC-GC-EL-001, 002, 005 & 006)
3. 33kV TR-XLPE, Al, 3C x 400 sq mm Armoured Cables along with all necessary
fittings and accessories i.e. termination kits, jointing kits, cable tags etc. from 220/33
kV substation and 33 kV substations to each 33 kV RMUs and for interconnection
between 220/33 kV substation, 33 kV switching stations and 33/0.433 kV Compact
Substation (CSS). (Refer drawing no. EIUD1HR001-HSIIDC-GC-EL-002 ,003, 005
& 006)
4. Acoustic 415V, 500 kVA Silent Diesel generating set. The detailed design and
drawing to be prepared and submitted by Contractor to Client for approval.
5. 33/0.433 kV, 1000kVA Compact Substation (CSS). The detailed design and drawing
to be prepared and submitted by Contractor to Client for approval.
6. LT switchgear complete with breakers / contactors, bus bars, Instrument
Transformers, Relays, meters, terminal blocks, Bus Trunking & accessories. Etc.

31
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
The detailed design and drawing to be prepared and submitted by Contractor to
Client for approval.
7. 1.1kV grade power and control Cables along with all necessary fittings and
accessories i.e. termination kits, jointing kits, cable tags etc. (Refer drawing no.
EIUD1HR001-HSIIDC-GC-EL-006)
8. Instrumentation and fiber optics cables including interconnection with SCADA
system between each RMUs , Compact Substations, LT Switchgears and switching
stations. (Refer drawing no. EIUD1HR001-HSIIDC-GC-EL-006)
9. FRP ladder type cable trays for 66kV, 33kV, 1.1kV grade and for optical fibre cables
in Utility Tunnel. (Refer drawing no. EIUD1HR001-HSIIDC-GC-EL-006)
10. Fire detection system and earthing system in utility tunnel. (Refer drawing no.
EIUD1HR001-HSIIDC-GC-EL-006)
11. Illumination system covering smart street lighting system comprises lighting poles
and lighting fixtures covering normal and emergency DBs, lighting feeder pillars,
masts, lighting fixtures, lamps, power sockets, power cables, earthing, road crossing
etc. for the entire area . (Refer drawing no. EIUD1HR001-HSIIDC-GC-EL-007 &
008)
12. Illumination system for switching station building covering outdoor areas, approach
roads and all other switchgear areas, compact substations area, DG room etc. (Refer
drawing no. EIUD1HR001-HSIIDC-GC-EL-003, 007 & 008)
13. Construction power arrangement including complete provisions and equipment
required for distribution of construction power from the supply source to various
locations shall be as per the requirement of client for proposed project , which is to
be prepared by Contractor. Maintenance of the construction power supply equipment
throughout the contract period etc. shall be included in scope of contractor. The
detailed design and drawing to be prepared and submitted by Contractor to Client
for approval.
14. Associated civil works including switching station buildings, all other switchgear
rooms and in connection with above services to be provided by Contractor to
complete the afore said services. (Refer drawing no. EIUD1HR001-HSIIDC-GC-
EL-003).
15. Inspection & testing at manufacturer’ shop/factory shall be in the scope of
Contractor and all the expenditure for travelling, lodging and boarding etc. shall be
borne by Contractor.
16. All the statutory clearances including clearances from chief electrical inspector,
Haryana will be obtained by EPC Contractor and applicable fees/ charges will be
borne by EPC Contractor.
17. 220/33 kV main receiving sub-station with all associated auxiliaries shall not be a
part of this tender document.
Note : The treatment works for Global City i.e Water Treatment Plant (WTP), Clear Water
Reservoir (CWR), Sewage Treatment Plant (STP) and Treated Sewage Storage Tank shall
not be a part of this tender document.
2.1.4 During OPERATION & MAINTENANCE & DLP of Global City (Phase-I)
at Gurugram.
Operation and maintenance and DLP of services, structures etc shall start after successful
32
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
trial run/testing of entire roads, water supply, sewerage, storm water drainage,
electrification & street light etc. All the services will be operated & maintained for a
period of 60 months. Any leakage, blockage, overflows of sewers, fault in electrical
system and in illumination will be promptly attended to. Any casualty/mortality of plants
and dried up grass patches will be replaced. Failure of contractor to attend any such
occurrences within specified period of intimation will attract penalty. Besides, routine &
special maintenance of all machinery equipment, pipes appurtenances, transformers,
fittings etc. will be carried by the contractor within the price quoted. Roads gullies &
inlets to storm water drains will be kept perfectly clean. Any silting in lines will also be
cleared periodically.
All berms and kerbs of roads will be kept clean. Maintenance of roads will be carried out
as given in technical conditions of roads. Buildings, UGTs, Boosting stations etc. will be
properly operated and maintained & painted every year to keep all such installations in
perfect condition.
All personnel like operators, Key men, Patrol Men, Fitters, Electricians, Sewer men,
Road maintenance Gang, Painters etc. required for maintenance will be employed by
contractor. In addition, the Security arrangements of the Estate, as well the cleaning and
sweeping of the area shall be the responsibility of the contractor.
Maintenance will also include all material & consumables required for special & periodic
maintenance & day to day operation including chlorine gas, POL, transformer oil,
lubricants etc. but will not include electricity bills which will be paid by HSIIDC.
The contractor shall submit and get approved from the Engineer-in-charge the
maintenance schedule before the completion of the work i.e. much before the start of the
trial run so that the same can be monitored during this period of 60 months.
Contractor will also ensure proper watch & ward of entire installation & services during
night and day time. Any theft will be to his account & he will have make the replacement
immediately. The security arrangement will be made by the contractor on 24x7 hrs basis.
Contractor will hand over the services, installations, roads etc. in perfect and working
condition after defect liability period. All details information shall be supplied by the
contractor monthly as per the maintenance schedule.
If contractor fails to attend or rectify the defects within DLP as per instruction of the
Engineer-in-Charge the same shall be done on Risk & Cost of the contractor with 20%
additional penalty. The sameshall be recovered from the contractor on any dues pending
with corporation in said project or any other project.W

er for the O&M purpose during 60 months will be provided by HSIIDC free of cost.

A. Road Network
a) The contractor shall be responsible for Maintenance and upkeep of roads, footpath,
signage etc. Which includes but is not limited to:
− The contractor is required to maintain the entire road network including master plan
roads, service roads, sector and cluster roads, footpaths, kerb and channel along
roads, roundabouts, medians, parapets, soft-earth landscape, arboriculture and all
damaged cross drainage structures (minor bridges/culverts), road marking, road
signage, traffic control devices, safety works, bus stops etc. that fall within the ROW
within the area comprising Global City Phase-1 during the proposed maintenance
period
33
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
− The contractor is required to take appropriate action for minimizing disruption to
traffic in the event of accidents or other incidents affecting the safety and use of the
roads by providing a rapid and effective response and maintaining liaison with
emergency services of the competent authority
− The Contractor’s responsibility for rescue operations on the roads shall be limited to
an initial response to any particular incident until such time that the competent
authority takes charge and shall include prompt removal of vehicles or debris or any
other obstruction, which may endanger or interrupt the smooth flow of traffic and
provision of medical first aid to victims of the accidents or other incidents.
b) Routine maintenance is inclusive of all operations, materials, labour, machinery, etc
complete to undertake such activities but not limited to:
− Upkeep of road pavements including master plan roads, service roads, and sector
roads, cycle tracks etc. and side shoulders including lane painting / marking, kerb
and channel, pedestrian pathway repair ensuring safe, smooth and uninterrupted flow
of traffic on the roads during normal operating conditions.
− Upkeep of footpaths, kerb and channel, roundabouts, median, parapets, soft-earth
landscape, arboriculture and cross drainage structures which are parts of the road
network system.
− Upkeep of signage and other traffic aids & furniture, bus stops and safety works in
good shape and condition.
− Maintenance of RWH structures at regular time intervals.
− Any special repairs and flood damage repairs, as per the instructions received from
engineer in-charge, shall also be part of contractor’ scope of work.

B. Landscape Works –
All operations herein shall include all materials, labour, machinery and other inputs for:

− Maintenance of planting shall begin immediately after each plant is planted and shall
follow the instructions as mentioned in the landscape technical specifications
document. The duration/frequency of maintenance shall be for minimum 60 months
or as agreed with the client.
− The contractor shall be responsible to maintain the green areas and plants under
phase-1 development, which include grass lawns, shrubs, flower beds, plants
surround the lawns, road side and periphery of the building and entrance gates,
nursery maintenance (if any), etc. The contractor shall be required to arrange
adequate number of labourers, tools, tackles, sprinklers, hose pipes, manually and
electrically operated lawn mowers. The contractor is also required to procure,
transport and supply required quantity of manure, fertilizers, insecticides, fungicides,
etc., including spreading and applying of insecticides, fungicides, farm yard manure
and fertilizer commensurate with the scope of work in order to keep the lawns and
plants in perfect health condition at all times.
− Deploying an experienced and qualified supervisor for supervising the maintenance
activities, horticultural works such as maintenance of garden area, flower plants,
trees, clearing grass, leaves etc, arranging all materials, tools and work force,
planning and supervising the day to day maintenance, repair works, development
work, keeping of day to day records, work register, attendance register, logbooks,
compliant register, progress reports etc as per the specification and as directed by the
client. The supervisor shall be present at site during execution of all works that will
34
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
be executed under this. Alternate arrangement shall be made by contractor during the
absence of the supervisor. The supervisor shall have minimum qualification of
Diploma in Horticulture & shall have minimum ten years experience in landscape
works or degree in Horticulture and five years’ experience in landscape works.
− Maintenance of hard surfaces in Phase-1, including at the entrance gates and roads,
by daily sweeping and keeping the area tidy etc, including cost of all materials, tools
and labour all as per instructions of the client’s representative.
− The contractor shall be responsible for the regular maintenance of all water features
of landscape in the project area
− Operation and maintenance of water features at the entrance gates shall be as
specified in the entrance gate technical specification or as per acceptable standards
based on approved technical literature.

C. Water Supply
All operations herein shall include all materials, labour, machinery and other inputs for
undertaking the following works by contractor:
a) The contractor shall be responsible for operation and maintenance and upkeep of
the Water Supply System which includes but is not limited to:
− The contractor shall operate and maintain the entire water supply network, pumps,
motors and pump houses, storage reservoirs and ancillary civil works, etc. that are
necessary to operate a water supply system to maintain a continuous water supply
for industrial and domestic use of quality standards as prescribed by CPCB
(IS:10500) within the boundary of the Global City Phase-1 area
− The contractor shall obtain and keep records of all necessary permits, quality tests
and documents for efficient operations of the water supply system.
b) Routine maintenance civil & electro-mechanical (including replacement) inclusive
of but not limited to:
− Upkeep of all pumps, motors, valves, pipelines, storage reservoirs etc.
− Upkeep of all civil works associated with the waterworks and supply network.
− The contractor shall maintain necessary backup and reserves of plant/machinery,
wherever essential to ensure smooth and efficient operations.
− Periodic Maintenance: It covers periodic rehabilitation of all components of water
supply system.
− Emergency Maintenance
− Any emergency caused due to leakage in the distribution system
Any emergency caused due to breakdown of pumps and machinery

D. Recycled Water Supply System.

All operations herein shall include all materials, labour, machinery and other inputs for
undertaking the following works by contractor:
a) The contractor shall be responsible for operation and maintenance and upkeep of
the Recycled Water Supply System which includes but is not limited to:
− The contractor shall operate and maintain the entire recycled water supply network,
pumps, motors and pump houses, storage reservoirs and ancillary civil works, etc.
that are necessary to operate a recycled water supply system to maintain a continuous
recycled water supply for industrial and domestic use of quality standards as
prescribed by CPCB (IS:10500) within the boundary of the Global City Phase-1
area.
35
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
− The contractor shall obtain and keep records of all necessary permits, quality tests
and documents for efficient operations of the recycled water supply system.
b) Routine maintenance civil & electro-mechanical (including replacement) inclusive
of but not limited to:
− Upkeep of all pumps, motors, valves, pipelines, storage reservoirs etc.
− Upkeep of all civil works associated with the recycled water supply network.
− The contractor shall maintain necessary backup and reserves of plant/machinery,
wherever essential to ensure smooth and efficient operations.
− Periodic Maintenance: It covers periodic rehabilitation of all components of recycled
water supply system.
− Emergency Maintenance
− Any emergency caused due to leakage in the distribution system
Any emergency caused due to breakdown of pumps and machinery

E. Sewerage Network
All operations herein shall include all materials, labour, machinery and other inputs for
undertaking the following works by contractor:
a) The contractor shall be responsible for operation, maintenance and upkeep of the
Sewerage Network which includes but is not limited to:
− The contractor shall maintain the entire sewerage network system the boundary of
the Global City Phase-1 area, throughout the maintenance period to constantly meet
the service standards required.
− The contractor shall obtain and keep records of all necessary permits, quality tests,
and documents for non-stop and efficient operations of the sewerage system.
b) Routine maintenance inclusive of but not limited to
i. Upkeep of all pumps, motors, valves, pipe lines, etc
ii. Upkeep of all civil works associated with the sewerage network.
iii. Maintaining necessary back up and reserves of plant / machinery, wherever essential
for ensuring smooth and efficient operations.
− Periodic Maintenance: It covers periodic rehabilitation of all components of
conveyance network, and disposal system as per specifications and service standards
− Emergency Maintenance
− Any emergency caused due to leakage in the conveyance system
− Any emergency caused due to breakdown of pumps and machinery
− Cleaning of sewer will only be permitted with super-suction machines and no manual
scavenging will be permitted.

F. Storm water Drainage

All operations herein shall include all materials, labour, machinery and other inputs for
undertaking the following works by contractor:

a) The contractor shall be responsible for maintenance and upkeep of the Storm water
collection system which includes but is not limited to:
− The contractor shall maintain the entire storm water network within the boundary of
the Global City Phase-1 area, throughout the maintenance period to constantly meet
the service standards required.
− The contractor shall obtain and keep records of all necessary permits, quality tests,
and documents for non-stop and efficient operations of the storm water system.
36
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
b) Routine maintenance inclusive of but not limited to
− Upkeep of all pumps, motors, valves, pipe lines, etc
− Upkeep of all civil works associated with the conveyance network.
− Maintaining necessary back up and reserves of plant / machinery, wherever essential
for ensuring smooth and efficient operations.
− Periodic Maintenance: It covers periodic rehabilitation of all components of SWD
conveyance network, and disposal system as per specifications and service standards
Emergency Maintenance.
− Any emergency caused due to leakage in the conveyance system.
− Any emergency caused due to breakdown of pumps and machinery.

G. Utility Tunnel
All operations herein shall include all materials, labour, machinery and other inputs for
undertaking the following works by contractor:

a) The contractor shall be responsible for operation and maintenance and upkeep of the
Utility Tunnel which includes but is not limited to:
− The contractor shall operate and maintain the Utility Tunnel and the ancillary work
inside the Utility Tunnel like Drainage System for Tunnel, Pump’s mechanical,
electrical and Instrumentation parts, Desilting & Desludging of Drainage Sump and
channel, Blowers & Ventilation units, Manual jib Cranes, Internal wiring and
lighting, Doors, Mesh, Canopy, Steel frames, Railing, Water proofing of walls, floor
and roof etc. that are necessary to upkeep the Utility tunnel always in function and
operation.
− The contractor shall obtain and keep records of all necessary permits, quality tests
and documents for operation & maintenance of Utility tunnel.
b) Routine maintenance civil & electro-mechanical (including replacement) inclusive
of but not limited to:
− Upkeep of all pumps, motors, valves, drainage sumps, drainage channel etc.
− Upkeep of all civil works associated with the Utility Tunnel.
− Upkeep of all associated works such as Road crossing, plot connections, cable trays,
MS angles for fixing of cable trays, C channels, structural steel for support of pipes,
cable trays etc. to carry the proposed services inside the utility tunnel, access through
stairways/ ramps at regular intervals.
− The contractor shall maintain necessary backup and reserves of plant/machinery,
wherever essential to ensure smooth and efficient operations.
− Periodic Maintenance: It covers periodic rehabilitation of all ancillary work inside the
Utility Tunnel.
− Emergency Maintenance
− Any emergency caused due to leakage/seepage in the Utility Tunnel.
− Any emergency caused due to breakdown of pumps and machinery used in the
Tunnel Drainage System

H. Electrification and Street Light System

Electrical distribution system, except street lighting system, after commissioning and
three month trial period shall be handed over to Dakshin Haryana Bijli Vitran Nigam
(DHBVN) by EPC Contractor and shall be operate & maintained by EPC Contractor
in coordination with DHBVN officials.

The EPC Contractor shall be responsible for Routine, Preventive, Minor & Major
37
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
maintenance of electrical distribution system of the Global City, Project as per
requirement/guidelines of DHBVN officials.

EPC Contractor shall be responsible for the security of complete electrical

distribution system and street lighting system within the boundary of the estate till it
is handed over to the client after defect liability period/maintenance period. Any
theft/damage to infrastructure created shall have to be replaced, rehabilitated by the
contractor at his own cost. The contractor shall be responsible for the deployment of
adequate manpower for security purposes on 24x7 hrs basis.

The Contractor shall be responsible for Routine, Preventive, Minor & Major
maintenance of street lighting system in Phase-1 area of the Global City Project as
below:

a) The Contractor should prepare schedule of daily maintenance & preventive

maintenance of all the equipment/system related to street lighting system operated &
run by him in the premises of the project. This shall be got approved by Authority and
shall be a part of O&M manual.

b) The Contractor should also carry out Routine, Preventive, Minor & Major
maintenance of all major / minor electrical equipment like Compact sub-stations,
main lighting distribution boards, poles, feeder pillars, , junction box, lighting
fixtures, brackets, lamps, relays, earthing system, cables and wirings etc. and all
associated hardware and auxiliaries so as to ensure uninterrupted round the clock
operation of street lighting system.

c) The Contractor should procure all the spares required for all types of maintenances
in advance. The part / equipment / machine to be repaired / replaced should be as
per client approved list & as per the O&M manual or as per the existing
manufacturer’s brand.

d) The contractor shall obtain and keep records of all necessary permits, quality tests
and documents for efficient operations of the street lighting system.

e) Routine maintenance of all works including replacement inclusive of but not limited
to following:

- Upkeep of all components likes Compact sub-stations, main lighting distribution

boards, feeder pillars, poles, luminaries, brackets, lamps, relays, earthing system,
cables and wirings etc. including all associated auxiliaries.
- Maintenance and Repair/ replacement of defective equipment installed under the
project.
- Services to bring up street lighting system upon its failure and to restore the
functioning of the same etc.
- Maintain necessary backup and reserves of plant/machinery, wherever essential
to ensure smooth and efficient operations.

f) Periodic Maintenance: It covers periodic maintenance of all components of street

lighting system.

g) Any emergency caused due to any failure and fault in the street lighting system.

h) Any emergency caused due to breakdown of any equipment.

38
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
I. Fire Fighting System.
The contractor shall be responsible for Routine, Preventive, Minor & Major maintenance
of Fire Fighting services of the Global City, Project.

a) The Contractor should prepare schedule of daily maintenance & preventive maintenance
of all the equipment/system related to Fire Fighting system operated & run by him in the
premises of the project. This shall be got approved by Authority and shall be a part of
O&M manual.

b) To ensure availability of water in UG tank and terrace tank all the time and to maintain
the tanks in clean condition.

c) The Contractor should also carry out Routine, Preventive, Minor & Major maintenance
of all major / minor electrical equipment like main Fire Fighting pumps, Tanks, Flow
switch, Alarm control valves, Battery, Diesel Tank etc. and all associated hardware and
auxiliaries so as to ensure uninterrupted round the clock operation of Firefighting system.

d) A stock of spare sprinklers shall be kept in Fire Control Room so that prompt replacement
is possible after operation/damage of a sprinkler head. A minimum of 5% of the installed
capacity or 25 sprinklers of all types whichever is more shall be kept in stock.

e) To ensure that the piping system is free from leakage. Any portion found to be leaking is
to be isolated, rectified and connected with healthy system in shortest possible time.

f) To ensure availability of power for electrical pumps, working of starters, switch gear and
other electrical components.

g) To ensure healthiness of diesel engine starting system, battery voltage, battery charger
and availability of adequate diesel for engine operation.

h) Periodic Maintenance: It covers periodic maintenance of all components of Fire Fighting

system.

i) Any emergency caused due to any failure and fault in the Fire Fighting system.

j) Any emergency caused due to breakdown of any equipment.

Maintaining Diesel Engine is very important for the system operation since during fire,
power supply is deliberately or un-deliberately switched off. Annual Maintenance
Contract (AMC) of engine shall be given to the authorized service center of engine
manufacturer. Adequate diesel should either be available in the pump house or nearby
so that operation is not discontinued for want of diesel.

J. Security System
The contractor shall be responsible for the security of all the infrastructure created within
the boundary of the estate till it is handed over to the client after defect liability
period/maintenance period. Any theft/damage to infrastructure created shall have to be
replaced, rehabilitated by the contractor at his own cost. The contractor shall be
responsible for the deployment of adequate manpower for security purposes on 24x7 hrs
basis.
The minimum staff to be deputed during the O&M period is indicated in the Technical
Specifications Volume IV Part (a). However, the successful bidder has to be depute
sufficient staff to ensure the proper O&M of services as explained above.

39
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

40
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE-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 and construction, of the
Project 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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the case
may be, the Contractor shall, in discharge all of its obligation under this Agreement, conform
with and adhere to Good Industry Practice at all times.

3.1.4 The Contractor shall remedy any and all loss or damage to the Project, occurring on or
after the Appointment Date and until the date of Provisional Certificate with respect to the
Works completed prior to the issuance of the Provisional Certificate and Completion Certificate,
with respect to the Works referred to in the Punch List, at its own cost, save and except to the
extent that any such loss or damage shall have arisen from any default of the Authority or on
account of a Force Majeure Event in which case provision of Clause -19 shall apply.

3.1.5 The Contractor shall remedy any and all loss or damage to the Project 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 15.3. The Contractor shall remedy any and all loss or
damage to the Project during the Defect Liability Period at the Contractor's cost, save and except
to the extent that any such loss or damage shall have arisen on account of any default or neglect
of the Authority or on account of a Force Majeure Event.

3.1.6 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-C 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. The Contractor shall also be responsible for procuring land and Right of Way
wherever required in terms of the Scope of the Project as specified in Article 2, at its cost
and expense;
(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;

41
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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 Authority 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 labour 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 Authority/ Authority’s Engineer and
its authorised personnel shall have the right of access to all these documents at all
reasonable
times;

(i) co-operate with other contractors employed by the Authority 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 whetherthey are
public or in the possession of the Authority or of others.

3.1.7 The Contractor shall undertake all necessary superintendence to plan, arrange, direct,
manage, inspect and test the Works.

3.1.8 Contractor’s office, store, Site Lab & Office and project vehicles for Authority/
Construction Manager

Any land provided by the Authority to the Contractor within the provisions here of for labour
hutments, stores, temporary offices, site lab etc. shall be on temporary basis till completion of
works and shall not create any right, title or interest whatsoever in the contract herein or in
respect thereof.

The Contractor shall also be responsible for constructing a suitable furnished office
accommodation of plinth area not less than 250 Square Meters for the Engineer-in-charge,
Supervisory Staff of the Corporation and Consultant / Construction Manager as directed by the
Engineer-in-Charge.

Three brand new vehicles i.e. one each for road works, PH Works & Electrical Works (Make
Bolero Top Model) shall be provided to the Authority on the start date of Contract Agreement.
The cost of running, maintenance, driver’s salary, fuel, Toll Tax etc., complete shall be borne by
the Contractor. Each vehicle will run about 4000 km/month including Sunday / Holidays up to
completion of works including extended period if any. The vehicles shall be transferred &handed
over to HSIIDC after the completion of work. The vehicles shall be made available before the
start of work.

In case, the above facilities are not provided by the contractor, the following deduction shall be
made per month from the payment due to the contractor.

42
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(i) Site Laboratory - Rs.100000/- per month or part thereof

(ii) Authority site office - Rs.100000/- per month or part thereof
(iii) Project Vehicles for authority - Rs.100000/- per month per Vehicle or part thereof

The provision of site office for the Engineer-in-Charge / Construction Manager and vehicles to
the Authority shall be incidental to work and nothing extra on this account shall be paid.

3.2 Obligations relating to sub-contracts and any other agreements

3.2.1 The Contractor shall not subcontract the Works Comprising of more than 49% (Forty Nine Per
Cent) of the Contract Price and shall carry out works to the tune of 51% (Fifty One Per Cent)
of the total Contract Price directly under its own supervision and through its own personnel.
However, 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, safety devices and labour,
as the case may be, for such Works. The Parties further agree that all obligations and liabilities
under this Agreement for the entire project shall at all times remain with the Contractor.

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 Authority
prior to entering into any such sub-contract. The Authority 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 Contractor shall comply
therewith.

3.2.3 Without prejudice to the provision of clause 3.2.2, in the event any sub-contract referred to in
clause 3.2.2 relates to a sub-contractor who has, over the preceding 3 (three) years, not
undertaken at least one work of a similar nature with a contract value exceeding 40% of the value
of the sub-contract to be awarded hereunder and received payments in respect thereof for an
amount equal to at least 80% of such contact, the Authority may, no later than 15 (fifteen)
business days from the date of receiving the communication from the contractor, requires 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 Obligation relating to Employment of Foreign Nationals

The Contractor acknowledges, agrees and undertakes that employment of foreign personnel by the
Contractor and/or its Sub-contractors 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 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 Obligation relating to Contractor's Personnel

3.4.1 The Contractor shall ensure that the personnel engaged by it or by its Subcontractors in the
43
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
performance of its obligations under this Agreement are at all times appropriately qualified,
skilled and experienced in their respective functions in conformity with Applicable Laws and
Good Industry Practice.

3.4.2 The Authority’s Engineer in consent with the Authority may, for reasons to be specified in
writing, direct the Contractor to remove any member of the Contractor's or Subcontractor's
personnel from the project provided that any such direction issued by the Authority’s Engineer
shall specify the reasons for the removal of such person.
3.4.3 The Contractor, on receiving such a direction from the Authority’s Engineer under the provision
of Clause 3.4.2, shall ensure that such person/s are evicted from the Site within 10 (ten) days of
any such direction being issued in pursuance of Clause 3.4.2. The Contractor shallfurther 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 Obligation relating to Advertisement on Project

The Contractor shall not use the project or any part thereof in any manner for branding or
advertising purposes including for advertising any commercial product or services or company.

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
Plant 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 of the Authority.

3.7 Electricity, Water and Other Services

The Contractor shall be responsible for procuring of all power, water and other services that it
may require at his own expenses

3.8 Obligations relating to Information

3.8.1 Without prejudice to the provisions of Applicable Laws and this Agreement, upon receiving a
notice from the Authority’s Engineer for any information that it may reasonably require or that
it considers may be necessary to enable it to perform any of its functions, the Contractor shall
provide such information to the Authority’s Engineer forthwith and in the manner and form
required by the Authority’s Engineer.

3.8.2 After receiving a notice from the Authority’s Engineer for reasoned comments on the accuracy
and text of any information relating to the Contractor’s activities under or pursuant to this
Agreement which the Authority proposes to publish, the Contractor shall provide such comments
to the Authority’s Engineer in the manner and form required by the Authority’s Engineer.

3.9 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

44
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
c. the Scheduled Completion Date shall not be adjusted to take account of any unforeseen
difficulties or costs.

For the purposes of this Clause, unforeseeable difficulties include physical conditions like man-
made or natural physical conditions including sub-surface and hydrological conditions which the
Contractor encounters at the Site during execution of the Works

45
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 4

(OBLIGATIONS OF THE AUTHORITY)

`
4.1 Obligations of the Authority

4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its
obligations set out in this Agreement or arising hereunder.

4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project
Facilities, Specifications and Standards and the criteria for testing of the completed Works.

4.1.3 The Authority upon receiving the Performance Security under Clause 7.1.1 shall provide to the
Contractor:

a. The Land for the construction work in accordance with the provisions of Clauses 8.2 and 8.3,
within a period of 15 (fifteen) days from the date of this Agreement, no less than 80% (eighty
per cent) of the total land of the Project;

b. approval of the Drawings from State/ Central Government authorities, if any required or any
term of approval by such authority/authorities, to enable the Contractor to construct/ divert any
obstructions in the Project site in accordance with the Specifications and Standards, and subject
to the terms and conditions specified in such approval, within a period of 60 (sixty) days from
the Appointed Date.

c. Environment clearance for the development of the Project has been received on 27.07.2022.
However, it is clarified that the terms & conditions of the Environment Clearance should be
followed by the Contractor during implementation of the Project.

4.1.4 Delay in approval of Drawings : It shall be the responsibility of the contractor to obtain the
approval from respective authorities as applicable for issue of such permits/approvals/NOC from
such authorities as may be applicable under the various statues/rules/applicable law by the State/
Central Government Authorities (however Authority will issue necessary recommendatory
letters/assist the contractor in obtaining such permits/approvals/NOC), in accordance with the
provisions of Clause 4.1.3 shall not entitle the Contractor for Time Extension and any other claim
whatsoever accordance with the provisions of Clause 10.4 of this Agreement. For the avoidance
of doubt, the Parties agree that the Authority shall not be liable to pay any damages or
compensation to the Contractor for delay in approval of Drawings by the State/ central
government authorities.

4.1.5 The Authority 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.

46
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

c. Ensure that no barriers that would have a material adverse effect on the works are erected or
placed on or about the Project by any Government Instrumentality or persons claiming through
or under it, except for reasons of Emergency, national security, law and order etc.

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 and its sub-contractors their obligations under this Agreement and the agreements
with the Subcontractors.

4.2 Maintenance obligations prior to the Appointed Date

The Site will be handed over to the Contractor on ‘as is where is’ basis and no claim of the
Contractor shall be entertained by the Authority for damages or otherwise on this account.

4.3 Environmental Clearances

The Authority represents and warrants that the environmental clearances required for
construction of the Project shall be procured by the Authority.

47
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 5 :
(REPRESENTATIONS AND WARRANTIES)

5.1 Representations and warranties of the Contractor

The Contractor represents and warrants to the Authority that:

a. it is duly organized and validly existing under the laws of India, and has full power and authority
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 obligations 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 there under 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 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 Authority 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 Authority in
connection therewith;
48
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

l. all information provided by the selected bidder in response to the Request for Proposals or
otherwise, is to the best of its knowledge and belief, true and accurate in all material respects;
m. all undertakings and obligations of the Contractor arising from the Request for Proposals or
otherwise shall be binding on the Contractor as if they form part of this Agreement; and
n. nothing contained in this Agreement shall create any contractual relationship or obligation
between the Authority and any Subcontractors, designers, consultants or agents of the
Contractor.
5.2 Representations and warranties of the Authority

The Authority 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 authorise 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 Government Instrumentality which may
result in any material adverse effect on the Authority'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 and has the power and authority to grant the Site in
respect thereof to the Contractor except (i) the land as specified in (e) above; and (ii) the land
which is required to be procured/ arranged by the Contractor at its cost for purposes as
specified under Scope of the Project in Article 2; and
h. it shall have procured environment clearances such that the Contractor can commence
construction forthwith on 80% (eighty per cent) of the total Project land.
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.

49
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 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 Proposal, Agreement, Scope of the Project, Specifications
and Standards of design, construction, Site, local conditions, physical qualities of ground,
subsoil and geology, suitability and availability of access routes to the Site and all
information provided by the Authority 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 inthe
course of performance of its obligations hereunder. Save as provided in Clause 4.1.2and
Clause 5.2, the Authority 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 Authority 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 Authority 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 Authority shall not be liable in any manner for such
risks or the consequences thereof.

50
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part III
Construction
ARTICLE 7:
(PERFORMANCE SECURITY)

7.1 Performance Security

7.1.1 The Contractor shall, for the performance of its obligations hereunder, provide to the
Authority, within 15 (fifteen) days of the date of issuance of LOA, an irrevocable and
unconditional guarantee from a Bank in the form set forth in Annexure-I of Schedule-D (the
"Performance Security") for an amount equal to 5% (Five percent) of the Contract Price plus
additional security for unbalanced bid in accordance with clause 2.21.2 of Instruction to
Bidders (ITB). The Performance Security shall be valid until 60 (sixty) days after the expiry
of Defects Liability Period as specified in Article 15. 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 Authority shall release the Bid Security to the Contractor.

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 Authority, in accordance with the provisions of Clause 7.1.3,
the Authority 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 15 (fifteen) days
51
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

of issuance of LOA, it may seek extension of time for a period of further 15 (fifteen) days on
upfront 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 for which extension has been
granted. For the avoidance of doubt the Agreement shall be deemed to be terminated on expiry
of extended time period and all rights, privileges, claims and entitlements of the Contractor
under or arising out of this Agreement shall cease without anyrecourse to the Authority, and
the Bid Security shall be encashed by the Authority as Damages in respect thereof.

7.2 Extension of Performance Security

The Contractor may initially provide the Performance Security for a period of 3 (three) years
(Construction Period), provided that it shall procure the extension of the validity of the
Performance Security, as necessary, atleast 2 (two) months prior to the date of expiry thereof.
The acceptance of Performance Security in the form of bank guarantee is subject to
confirmation from issuing bank. Upon the Contractor providing an extended Performance
Security, the previous Performance Security shall be deemed to be released and the Authority
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 and verification of the same from
bank.

52
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

7.3 Appropriation of Performance Security

7.3.1 Upon occurrence of a Contractor Default, the Authority shall, without prejudice to its other
rights and remedies hereunder or in law, be entitled to encash and appropriate from the
Performance Security the amounts due to it as Damages for the Contractor 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 Authority shall be entitled to terminate the Agreement in accordance with Article
21. Upon such replenishment or furnishing of a fresh Performance Security, as the case may
be, 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 Authority shall be entitled to encash and appropriate such
Performance Security as Damages, and to terminate this Agreement in accordance with
Article 21.

7.4 Release of Performance Security

7.4.1 The Authority shall release the Performance Security to the Contractor within 60 (sixty) days
of the expiry of the Defects Liability Period or the extended Defect Liability Period, as the
case may be under this Agreement. Notwithstanding the aforesaid, the Parties agree that the
Authority shall not be obliged to release the Performance Security until all Defects identified
during the Defects Liability Period or the extended Defect Liability Period, as the case may
be have been rectified.

7.5 Retention Money9

7.5.1 From every payment for Works due to the Contractor in accordance with the provisions of
Clause 17.5 the Authority 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 Authority 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-D, require the Authority to refund
the Retention Money deducted by the Authority 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.

7.5.4 Within 15 (fifteen) days of the date of issue of the Completion Certificate, the Authority shall
discharge the bank guarantee(s) furnished by the Contractor under the provisions of Clause
7.5.3 and refund the balance of Retention Money remaining with the Authority after adjusting
the amounts appropriated under the provisions of Clause 7.5.2 and the amounts refunded
under the provisions of Clause 7.5.3.
53
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

7.5.5 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
21.6.

7.5.6 If the proposal of the successful tenderer at his quoted cost is in the authority’s opinion,
seriously unbalanced or front loaded the authority may require the successful tenderer to
provide written clarifications. Clarifications may include price analysis/price justification to
demonstrate the consistency of the proposal price with the scope of works, proposed
methodology, schedule and any other requirements of the tender document.
7.5.6.1 After the evaluation of the information and price justification presented by the successful
tenderer, the authority may:
a) Accept the proposal,
b) If appropriate authority may require that the total amount of performance security
under this tender be increased at the expense of the successful tenderer, to a level not
exceeding 20% of the contract price or reject the tender.

54
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 8
(THE PROJECT SITE)
8.1 The Site

The site of the Project (the "Site") shall comprise the site described in Schedule-A. The
Authority shall be responsible for:
a. providing the Site (except those part of the land that is within the scope of the Contractor
under clause 3.1.6(b) read with Article 2 of this Agreement) in accordance with the Project
finalized by the Authority, free from all encroachments and encumbrances, and free access
thereto for the execution of this Agreement; and
b. obtaining licenses and permits for environment clearance for the Project.

8.2 Procurement of the Site

8.2.1 The Authority 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. Subject to the provisions of
Clause 8.2.2, such memorandum shall have 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 (eachof which shall
constitute an original), by the authorized representatives of the Parties shall be deemed to
constitute a valid evidence of giving the 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 Authority is ready to hand over any part or parts of the Site included in the
Appendix, it shall inform the Contractor, by notice of the proposed date and time of such
handing over. The Authority 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 part(s) of the Site to the Contractor.

8.2.2 Notwithstanding anything to the contrary contained in this Clause 8.2, the Authority shall
specify the parts of the Site, if any, for which land shall be provided to the Contractor on the
dates specified in Schedule-A. Such parts shall also be included in the Appendix prepared in
pursuance of Clause 8.2.1.

8.2.3 The Authority shall provide 80% (eighty percent) of the total Site to the Contractor in respect
of all land included in the Appendix by the date specified in Schedule-A and balance site will
be provided in due course of time and in the event of delay for any reason, the Authority shall
not be liable to pay any Damages. The Authority shall compensate the Contractor by grant of
additional time proportionate to such delay.

55
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

8.3 Damages for delay in handing over the Site

8.3.1 In the event the Project site or any part of the Site is not provided by the Authority on or
before the date(s) specified in Clause 8.2 for any reason, the Authority shall not be liable to
pay any damages to the contractor on this account.

8.3.2 Notwithstanding anything to the contrary contained in this Agreement, the Contractor
expressly agrees that Works on all parts of the Site for which Project site is granted within
90 (ninety) days of the Appointed Date, or with respect to the parts of the Site provided in
Schedule-A, no later than the date(s) specified therein, as the case may be, shall be completed
before the Scheduled Completion Date.

8.3.3 Notwithstanding anything to the contrary contained in this Agreement, the Authority may at
any time withdraw any Works forming part of this Agreement, subject to such Works not
exceeding an aggregate value, such value to be determined in accordance with Schedule-E,
equal to 10(ten) percent of the Contract Price.

Provided that if any Works cannot be undertaken within the municipal limits of a town or
within any area falling in a reserved forest or wildlife sanctuary, as the case may be, because
the requisite clearances or approvals for commencing construction of Works therein have not
been given within 240 (two hundred and forty) days of the Appointed date, the affected Works
shall be deemed to be withdrawn under the provisions of this Clause 8.3.3 unless the Parties
agree to the contrary, and such Works shall not be computed for the purposes of the aforesaid
ceiling of 10% of the Contact Price (ten per cent) hereunder. For the avoidance of doubt the
parties agree that such deemed withdrawal of Works hereunder shall not entitled the contractor
to claim any damages from the authority on this account.

8.3.4 In the event of withdrawal of Works under Clause 8.3.3, including deemed withdrawal of
Works the Contract Price shall be reduced by an amount equal to the value of the Works
withdrawn and the Contractor shall not be entitled to any compensation or Damages for the
withdrawal of Works.

8.4 Site to be free from Encumbrances

Subject to the provisions of Clause 8.2, the 80% (eighty percent) Site shall be made available
by the Authority to the Contractor pursuant hereto free from all Encumbrances and
occupations and without the Contractor being required to make any payment to the Authority
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 site, 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. The part of the site under squatters/ oustees
and court cases shall be handed over to the Contractor in due course of time and the Authority
is not liable to pay any damages on this account.

56
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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 issue of the Completion Certificate, the Contractor shall maintain a round-
the-clock vigil over the Site and shall ensure and procure 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
Authority and undertake its removal at its 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 and the
performance of its obligations under this Agreement.

8.7 Access to the Authority and the Authority’s Engineer

8.7.1 The Site given to the Contractor hereunder shall always be subject to the right of access of the
Authority and the Authority’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 Authority has
un-restricted access to the Site during any emergency situation, as decided by the Authority’s
Engineer.

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
Authority 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 Authority forthwith of the discovery
thereof and comply with such instructions as the Authority or the concerned Government
Instrumentality may reasonably give for the removal of such property. For the avoidance of
doubt, it is agreed that any reasonable expenses incurred by the Contractor hereunder shall be
reimbursed by the Authority. It is also agreed that the Authority shall procure that the
instructions hereunder are issued by the concerned Government Instrumentality within a
reasonable period so as to enable the Contractor to continue its work with such modifications
as may be deemed necessary.

57
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 9
(UTILITIES AND TREES)

9.1 Existing utilities and roads:

Refer clause no. 1.3 of Schedule-A.

9.2 Shifting of obstructing utilities:

The Contractor is liable to shift/re-align the existing structure from the Site appearing at Sr.
No.2 & 4 under Clause 1.3 of Annexure-I of Schedule-A. The dismantled material shall be
the property of the Contractor in terms of Clause 2.1.4 of RFP. However, the re-alignment
of the structures/pipe line/drain at Sr. No.2 & 4 under clause 1.3 of Annexure-I of Schedule-
A, is in the scope of the work.

9.3 New Utilities:

9.3.1 The Contractor shall allow, subject to such conditions as the Authority may specify, access
to, and use of the Site for laying telephone lines, electric cables, OFC cables and other public
utilities. The Contractor shall work in close coordination with the Authority/ user agency of
the Site for execution of such work and therefore, no compensation for restoration work, if
any, shall be paid to the Contractor on this account. For the avoidance ofdoubt, 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 in accordance with this Agreement.

9.3.2 In the event the construction of any Works is affected by a new utility or works undertaken in
accordance with this Clause 9.3, the Contractor shall coordinate and not entitled for any Time
Extension and Damages on this account.

9.3.3 Deleted.

9.3.4 Deleted.

9.4 Felling of Trees:

The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of
trees to be identified by the Authority for this purpose if and only if such trees cause a Material
Adverse Effect on the construction or maintenance of the Project. The cost of such felling
shall be borne by the Contractor; The Parties hereto agree that the felled trees shall be deemed
to be owned by the Authority and shall be disposed of in such manner and subject to such
conditions as the Authority may in its sole discretion deem appropriate. 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 Authority within the time specified in the Agreement;
and for any period of delay in providing such Applicable Permit, the Contractor shall not be
entitled for any Time Extension.

58
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 10
(DESIGN AND CONSTRUCTION OF THE PROJECT)

10.1 Obligations prior to commencement of Works

10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall:

a. appoint its representative, duly authorised to deal with the Authority in respect of all matters
under or arising out of or relating to this Agreement;

b. appoint a design director (the "Design Director") who will head the Contractor's design
unit and shall be responsible for surveys, investigations, collection of data, and preparation of
preliminary and detailed designs; this position is additional to the Authorised Representative
appointed above.

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 under and in
accordance with the Applicable Laws and Applicable Permits.

10.1.2 The Authority shall, within 30 (thirty) days of the date of this Agreement, appoint an Agency
(the "Authority’s Engineer") to discharge the functions and duties specified inthis
Agreement, and shall notify to the Contractor the name, address and the date ofappointment
of the Authority’s Engineer forthwith.

10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority
and the Authority’s Engineer a programme (the "Programme") for the Works, developed
using networking techniques giving the following details:

Part I Contractor's organisation for the Project, the general methods and arrangements for
design and construction, environmental management plan, Quality Assurance Plan
including design quality plan 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-E and
Project Milestones of the Works as specified in Project Completion Schedule set forth
in Schedule-F. The Programme shall include:
a. The order in which the Contractor intends to carry out the Works, including the
anticipated timing of design and stages of Works;
b. the periods for reviews under Clause 10.2; and
c. the sequence and timing of inspections and tests specified in this Agreement.

The Contractor shall submit a revised program whenever the previous program is inconsistent
with the actual progress or with the Contractor's obligations. Further, the Contractor shall
propose the Work Program in such a manner that the works required to be carried out on the
parts of the Site which is not handed over to the Authority by the Appointed Date,
should be planned for a later date when the same is handed over to the Contractor.

Part III- Monthly cash flow forecast for the Project.

59
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

The Contractor acknowledges and agrees that the Authority may, within a period of 15
(fifteen) days of receipt of the Program, convey its comments to the Contractor stating the
modifications, if any, required for compliance with the provisions of this Agreement, and the
Contractor shall carry out such modifications, to the extent required for conforming withthe
provisions of this Agreement.

10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with
Clause 10.2.7, and provide to the Authority’s Engineer, the length, area and numbers, as the
case may be, in respect of the various items of work specified in Schedule-E 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
17.3. 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 in accordance with the Applicable Laws and Good
Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority
a panel of three names of qualified and experienced firms from whom the Authority may
choose one to be the Safety Consultant. Provided, however, that if the panelis not acceptable
to the Authority and the reasons for the same are furnished to the Contractor, the Contactor
shall propose to the Authority a revised panel of three names fromthe firms empaneled as
safety consultants by any central/state government department for obtaining the consent of
the Authority. The Contractor shall also obtain the consent of the Authority for the key
personnel of the Safety Consultant who shall have adequate experience and qualifications in
safety audit of the projects. The Authority shall, within 15 (fifteen) days of receiving a
proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor,
and if no such decision is conveyed within the said period, the Contractor may proceed with
engaging of the Safety Consultant. For the avoidance of doubt, the Parties agree that no firm
or person having any conflict of interest shall be engaged hereunder. The Parties further agree
that any assignments completed at least 3 (three) years prior to the appointment hereunder
shall not be reckoned for the purposes of conflict of interest
10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety Consultant in
respect of all such design details that have a bearing on safety of Users as well as pedestrians
and animals involved in or associated with accidents. The recommendations of the Safety
Consultant shall be incorporated in the design of the Project and the Contractor shall forward
to the Authority’s Engineer a certificate to this effect together with therecommendations of the
Safety Consultant. In the event that any works required by the Safety Consultant shall fall
beyond the scope of Schedule-B, the same shall be undertakenby the Contractor and no
payment shall be made by the Authority. For the avoidance of doubt, the Safety Consultant
to be engaged by the Contractor shall be independent of thedesign 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-B.

10.2.2 The Contractor shall appoint a proof check consultant (the "Proof Consultant") after
proposing to the Authority a panel of three names of qualified and experienced firms from
whom the Authority may choose one to be the Proof Consultant. Provided, however, that if
the panel is not acceptable to the Authority and the reasons for the same are furnished to the
Contractor, the Contactor shall propose to the Authority a revised panel of three names as
60
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

proof consultants for obtaining the consent of the Authority. The Contractor shall also obtain
the consent of the Authority for two key personnel of the Proof Consultant who shall have
adequate experience and qualification with respect to the main elements of the Project. The
Authority shall, within 15 (fifteen) days of receiving a proposal from the Contractor
hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is
conveyed within the said period, the Contractor may proceed with engaging of the Proof
Consultant. For the avoidance of doubt, the parties agree that no firm or person having any
conflict of interest shall be engaged hereunder. The Parties further agree that any assignment
completed atleast three years prior to the appointment hereunder shall not be reckoned for the
purposes of conflict of interest.

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. The Contractor shall have the obligation to submit such architectural drawings,
structural design & drawings and working drawings of the Project as required for
executing the scope of the Project mentioned in Schedule-B. In this respect, 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, three copies each of
the design and Drawings along with priority list, duly certified by the Proof
Consultant, to the Authority’s Engineer for review. Additional copies may also be
asked by the Authority’s Engineer, if required.

b. by submitting the Drawings for review to the Authority’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; and Good Industry Practice.

c. within 30 (Thirty) days of the receipt of the Drawings, the Authority’s Engineer
shall review the same and convey its observations with approval of the Authority 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 again
resubmit the design and drawings after attending the observations at the earliest for
approval of Authority Engineer/ Authority.;

d. if the aforesaid observations of the Authority’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 Authority’s Engineer/ Authority for review.
The Authority’s Engineer/ Authority 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 Authority’s Engineer for review as aforesaid, the
Authority’s Engineer may withhold the payment for the affected works in accordance
with the provisions of Clause 17.5.4. If the Contractor disputes any decision, direction
or determination of the Authority’s Engineer hereunder, the Dispute shall be resolved
in accordance with the Dispute Resolution Procedure;

61
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

e. no review and/or observation of the Authority’s Engineer/ Authority 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
Authority’s Engineer or the Authority 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. all the structural designs & Drawings duly checked by the Proof Consultant and the
Authority’s Engineer shall be got vetted from any one I.I.T., NIT, PEC, DTU or any
Government Institute and its cost shall be borne by the Contractor before taking work
in hand. The Contractor shall procure timely vetting of such structural designs &
Drawings so as to ensure timely compliance and execution of related works.

g. all the Architectural and structural designs / Drawings shall be got approved from
the Authority. The Contractor can claim the extension of time for delay in approval of
Drawings by the Authority beyond the period prescribed in this Clause if execution of
the Work by the Contractor is affected due to such delay keeping in view the priority
list submitted by the Contractor with such Drawings;

h. the Contractor shall be responsible for delays in submitting all the Architectural,
Structural and working Drawings required for the Project caused by reason of delays
in surveys and field investigations or due to any delay attributable to I.I.T., NIT, PEC,
DTU for vetting of requisite structural design and Drawings, and the Contractor shall
not be entitled to seek any relief in that regard from the Authority; and

i. 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 Authority against any damage, expense, liability,
loss or claim, which the Authority 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 Authority’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 as approved by the Authority. Such
Drawings shall not be amended or altered without prior written notice to the Authority’s
Engineer and Authority’s Representative. 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.

10.2.7 Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish to the
Authority and the Authority’s Engineer a complete set of as-built Drawings, in 2 (two) hard
copies and in micro film form or in such other medium as may be acceptable to the Authority,
reflecting the Project as actually designed, engineered and constructed, including an as-built
survey illustrating the layout of the Project and setback lines, if any, of the buildings and
structures forming part of Project Facilities, and shall hand them over to the Authority against
receipt thereof.

62
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

10.3 Construction of the Project and compensation in delay

10.3.1 The Contractor shall execute the Project work as specified in Schedule-B read with
Volume-III in conformity with the Specifications and Standards set forth in Schedule-
B read with Volume-IV. 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. 36 (Thirty Six) months 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 in accordance with the Project Completion
Schedule set forth in Schedule-F. In the event that the Contractor fails to achieve any Project
Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date
set forth in Schedule-F, unless such failure has occurred due to Force Majeure or for reasons
solely attributable to the Authority, it shall pay Damages to the Authority 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 specified in Schedule -F and until such Project Milestone is achieved
or the Works are completed; provided that if the period for any or all Project Milestones or
the Scheduled Completion Date is extended in accordance with the provisions of this
Agreement, the dates set forth in Schedule-F shall be deemed to be modified accordingly and
the provisions of this Agreement shall apply as if Schedule-F has been amended as above;
provided further that in the event the Works are completed within or before the Scheduled
Completion Date including any Time Extension, applicable for that work or section, the
Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor,
but without any interest thereon. 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 Authority
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 10.4.2.

10.3.3 The Authority 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 Authority 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.

10.3.4 However, the Managing Director, HSIIDC (Authority) will have the power to reduce/waive-
off, the imposed damages after receiving the representation from the contractor and if it is felt
that the delay was beyond the control of contractor. The decision of the Managing Director,
HSIIDC shall be final and will not be challengeable before arbitrator for any other Court of
Law in the Country.

10.4 Extension of Time for Completion

10.4.1 Time/ extended time (if any) allowed for execution shall be the essence of the contract.
Without prejudice to any other provision of this Agreement for and in respect of extension of
63
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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 site, environment clearance;
(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 authority, the
Authority’s personnel or the Authority’s other contractors on the Site; and
(d) any other cause or delay which entitles the Contractor to Time Extension in accordance with
the provisions of this Agreement:
10.4.2 The Contractor shall, no later than 15(fifteen) business days from the occurrence of an event
or circumstances specified in Clause 10.4.1, inform the Authority’s Engineer by notice in
writing with a copy to the Authority, 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 circumstances.
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 thereby.
10.4.3 In the event of the failure of the Contractor to issue to the Authority’s Engineer, a notice in
accordance with the provisions of Clause 10.4.2, within the time specified therein, the
Contractor shall not be entitled to any Time Extension and shall forfeit its right to 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 10.4.3, the Authority shall be discharged from all liability in
connection therewith.
10.4.4 The Authority’s Engineer shall on receipt of a claim in accordance with the provisions Clause
10.4.2, examine the claim expeditiously within the time frame specified herein. In the event
the Authority’s Engineer requires any clarification to examine the claim, the Authority’s
Engineer shall seek the same within 15 (fifteen) days from the date of receiving the claim. The
Contractor shall, on the receipt of the communication of the Authority’s Engineer requesting
for clarification, furnish the same to the Authority’s Engineer within 10 (ten) days thereof. The
Authority’s Engineer shall, within a period of 30 (thirty) days from the date of receipt of such
clarifications, forward in writing to the Contractor its determination of Time Extension. For
the avoidance of doubt, the Parties agree that the Authority’s Engineer shall, in accordance
with the provisions of this Agreement, notify the Contractor of the aforesaid Time Extension
no later than 60(sixty) days from the date of receipt of the Contractor’s claim for Time
Extension.
Provided that when determining each extension of time under this Clause 10.4, the Authority’s
Engineer shall review previous determinations and may increase, but shall not decrease, the
total time Extension.
10.4.5 If the event or circumstances giving rise to the notice has a continuing effect:
(a) the detailed claim shall be considered as interim;
64
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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 Authority’s Engineer may reasonably require; and
(c) the Contractor shall send a final claim within 30(thirty) days after the effect of the event or
the circumstances ceases.
Upon receipt of the claim hereunder the Authority’s Engineer shall examine and determine
the same in accordance with the provisions of Clause 10.4.4 within a period of 60 (sixty) days
of the receipt thereof.

10.5 Incomplete Works

In the event the Contractor fails to complete the works in accordance with the Project
completion schedule, including any time Extension granted under this Agreement, the
Contractor shall endeavour to complete the balance work expeditiously and shall pay damages
to the Authority 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 Authority under this
Agreement including the right to termination under Clause 21.1.

65
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 11:
(QUALITY ASSURANCE, MONITORING AND SUPERVISION)

11.1 Quality of Materials and workmanship

11.1.1 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.

11.1.2 The Contractor warrants that all Materials shall be new, unused, not reconditioned and in
conformity with Specification and Standards, Applicable Laws and Good Industry
Practice, and that the Contractor shall not use any materials which are generally recognized
as being deleterious under 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 45 (Forty-five) days of the Appointed Date, submit to the
Authority’s Engineer its Quality Assurance Plan which shall include the following:

(a) organization, 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 Standard Operating
Procedures (SOP) for Haryana PWD Specifications, CPWD Works Manual-
2022 (as amended from time to time), IRC:SP:112-2017, MoRT&H guidelines
and Quality Assurance Policy of CPWD-2016 (and as amended from time to
time) for E&M Works and other relevant standards/ norms.
(c) Internal quality audit system.

11.2.2.1 The Contractor shall establish well equipped material testing lab with latest apparatus at
project site confirming to minimum BIS standards for day to day testing of
construction materials required for completion of the project. Indicative list of Lab
Equipments is at Annexure-I of Schedule-G and list of tests to be carried-out is at
Annexure-II of Schedule-G.
Any other tests not specified in Annexure-II of Schedule-G but required to ascertain the
conformity to the relevant IS-Codes shall also be conducted. In addition to the field tests,
the chemical & specialized physical tests shall be got done from the reputed approved
Labs i.e. Shri Ram Lab, any of the IITs/NITs, NITTTR, Punjab Engineering College,
DTU (Delhi) at the cost of the contractor by the Authority’s Engineer/Authority.

11.2.3 The Authority/ Authority’s Engineer shall convey its comments to the Contractor within
a period of 30 (thirty) days of receipt of the Quality Assurance Plan (QAP) stating the
modifications, if any, required, and the Contractor shall incorporate those in the QAP.
66
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

11.2.4 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 Works, Materials and workmanship in accordance with the
Quality Assurance Plan.

11.2.5 The cost of testing of Construction, Materials and workmanship under this Article 11 shall
be borne by the Contractor.

11.3. Methodology
The Contractor shall, at least 21 (twenty one) days prior to the commencement of the
construction, submit to the Authority’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 Authority/ Authority’s Engineer shall
complete the review and convey its comments to the Contractor within a period of 15
(fifteen) days from the date of receipt of the proposed methodology from the Contractor.

11.4. Inspection and technical audit by the Authority

The Authority or any representative authorized by the Authority in this behalf may inspect
and review the progress and quality of the construction of Project Works and issue
appropriate directions to the Authority’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

a. At any time during construction, the Authority 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 Authority, shall be notified to the Contractor and the Authority’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, the external technical audit shall not
affect any obligations of the Contractor or the Authority’s Engineer under this Agreement.

b. In case samples have been drawn by the state vigilance bureau or by any other authority, but
the report and the test result of samples have not been received, the payment of running bills,
final bill and security will be released after the contractor furnishes an undertaking in the
shape of indemnity bond on the following lines.

“I son of Shri resident of do hereby undertake to bear the recoveries if any, levied by
HSIIDC on account of any adverse results for the samples taken by the State vigilance
Department or any other authority from the work of_ _. I further undertake that I will
reconstruct the structure if declared unsafe due to result of the samples. I also undertake that
in case of any item of work contains defect of nature which do not endanger, the structural
stability of the work. It may be accepted and the payment thereof shall be made to us at the
reduced rates decided by the Engineer-in-Charge which will be final and binding on us. I
have no objection if all the recoveries are made from any other contract executed with
HSIIDC as well as with other Organization”.

11.6 Inspection of records

The Authority shall have the right to inspect the records of the Contractor relating to the
Works.

11.7 Inspection of works

11.7.1 The Authority’s Engineer and authority’s authorised representative shall at all reasonable
times:
67
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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
(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.
11.7.2 The Contractor shall give the Authority’s Engineer and its authorised agents access,
facilities and safety equipment for carrying out their obligations under this Agreement.

11.7.3 The Authority’s Engineer shall submit a monthly inspection report (the "Inspection
Report") to the Authority 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
Authority’s Engineer shall not relieve or absolve the Contractor of its obligations and
liabilities under this Agreement in any manner whatsoever.

11.8 Monthly progress reports

During the Construction Period, the Contractor shall, no later than 10 (ten) days after the
close of each month, furnish to the Authority and the Authority’s Engineer a monthly report
on progress of the Works and shall promptly give such other relevant information as may
be required by the Authority’s Engineer. The progress report shall be done on Computer
Based Program or any other mode as approved by authority.

11.9 Samples
The Contractor shall submit the following samples of Materials and relevant information
to the Authority’s Engineer for pre-construction review:
(a) manufacturer's test reports and standard samples of manufactured Materials; and
(b) samples of such other Materials as the Authority’s Engineer may require.

11.10 Tests
11.10.1For determining that the Works conform to the Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out or cause to be carried out
tests, at such time and frequency and in such manner as specified in this Agreement and
in accordance with Good Industry Practice for quality assurance. The Contractor shall, with
due diligence, carry out all the tests in accordance with the Agreement and furnish the
results thereof to the Authority’s Engineer. Of the total tests for each category or type to
be undertaken by the Contractor under the provisions of this Agreement and Good Industry
Practice, the Authority’s Engineer shall (a) carry out or cause to be carried out, the test
checks of atleast 20% (twenty) percent of the quantity or number of tests prescribed for
each category or type of test for quality control by the Contractor; and (b) witness or
participate in at least 10% (ten percent) of the number of such tests conducted or caused to
be conducted by the Contractor.
In addition, the test checks by Authority’s Representative shall comprise at least 5% of
the quantity or number of tests prescribed for each category or type of test for quality
control by the Contractor. The test checks to be done by Authority’s Representative shall
not cover the tests conducted by Authority’s Engineer.

11.10.2In 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 Authority’s Engineer in this behalf. The Authority’s Engineers 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
68
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

remedial measures in pursuance thereof shall be solely borne by the Contractor.

11.11 Examination of work before covering up

In respect of the work which the Authority’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 Authority’s Engineer whenever
any such work is ready and before it is covered up. The Authority’s Engineer shall then
either carry out the examination, inspection or testing without unreasonable delay, or
promptly give notice to the Contractor that the Authority’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, the Contractor shall notify the schedule of
carrying out such work to give sufficient opportunity, not being less than 5 (five) business
days' notice, to the Authority’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 Authority’s Engineer/Authority within a period of 5 (five) business days
from the date on which the Contractor's notice hereunder is delivered to the Authority’s
Engineer, the Contractor shall be entitled to assume that the Authority’s Engineer would
not undertake the said inspection.

11.12 Rejection

11.12.1 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 Authority’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.

11.12.2 If the Authority’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 Authority to incur any additional
costs, such cost shall be recoverable by the Authority from the Contractor; and may be
deducted by the Authority from any monies due to be paid to the Contractor.

11.12.3 The Contractor shall not be entitled to any extension of time on account of rectifying any
Defect or retesting as specified in this Clause 11.12.

11.12.4 No examination, inspection, measurement or testing of any Plant, Material, design or

workmanship by the Authority’s Engineer or its failure to convey its observations or to
examine, inspect, measure or test shall relieve the Contractor of its obligations and
liabilities under this Agreement in any manner nor shall the Authority be liable for the
same in ay manner.

11.13 Remedial work

11.13.1Not with standing any previous test or certification, the Authority’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

69
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

c. execute any work which is urgently required for the safety of the Project , whether because
of an accident, unforeseeable event or otherwise; provided that in case of any work required
on account of a Force Majeure Event, the provisions of Clause 19.6 shall apply.

11.13.2If the Contractor fails to comply with the instructions issued by the Authority’s Engineer
under Clause 11.13.1, within the time specified in the Authority’s Engineers notice or as
mutually agreed, the Authority’s Engineer may advise the Authority to have the work
executed by another Contractor. The cost so incurred by the Authority for undertaking such
work shall, without prejudice to the rights of the Authority to recover Damages in
accordance with the provisions of this Agreement, be recoverable from the Contractor
and may be deducted by the Authority 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 within the time period stipulated in schedule-F or
the Authority’s Engineer shall have reasonably determined that the rate of progress of
Works is such that Completion of the Project 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 Authority’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 Authority’s Engineer a copy of all its quality
control records and documents on each running pages 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 Authority 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 Authority 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 Authority’s Engineer to this effect, the Authority may by
notice require the Contractor to suspend forthwith the whole or any part of the Works if,
in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of
the Users and pedestrians.
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 Authority
and thereupon carry out remedial measures to secure the safety of suspended works, the
Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to
inspect such remedial measures forthwith and make a report to the Authority
recommending whether or not the suspension hereunder may be revoked. Upon receiving
the recommendations of the Authority’s Engineer, the Authority 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 Authority, and

70
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

the procedure set forth in this Clause 11.17 shall be repeated until the suspension
hereunder is revoked.
11.17.3 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;
11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s
Engineer shall determine any Time Extension to which the Contractor is reasonably
entitled, in accordance with the provisions of Clause 10.4.

71
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 12
(COMPLETION CERTIFICATE)
12.1 Tests on completion

12.1.1 At least 30 (thirty) days prior to the likely completion of the Project, the Contractor shall
notify the Project Authority’s Engineer of its intent to subject the Project or a Section
thereof, to Tests. The date and time of each of the Tests shall be determined by the
Authority’s Engineer in consultation with the Contractor, and notified to the Authority who
may designate its representative to witness the Tests. The Contractor shall either conduct
the Tests as directed by the Authority’s Engineer or provide such assistance as the
Authority’s Engineer may reasonably require for conducting the Tests. For the avoidance
of doubt, the Parties agree that in the event of the Contractor and the Authority’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 Authority’s Engineer, and in the
event the Authority’s Engineer delays the Tests hereunder, the Authority shall impose
exemplary penalties on the Authority’s Engineer and shall ensure that Tests are completed
in time either by the Authority’s Engineer or any substitute thereof.

12.1.2 All Tests shall be conducted in accordance with Schedule-G at the cost and expense of
Contractor. The Authority’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 or a Section thereof, with Specifications and
Standards and if it is reasonably anticipated or determined by the Authority’s Engineer
during the course of any Test that the performance of the Project 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 Authority’s Engineer shall provide to the
Contractor and the Authority copies of all Test data including detailed Test results. For the
avoidance of doubt, it is expressly agreed that the Authority’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 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, save and except the Works for which Time Extension has been granted under
Clause 10.4, the Authority’s Engineer shall, at the request of the Contractor, issue a
provisional certificate of completion substantially in the form set forth in Schedule-H (the
"Provisional Certificate") if the Tests for and in respect of the completed Worksare
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 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 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

72
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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 15 shall apply to the
completed parts of the Project and the property and ownership of all such completed Works
shall vest in the Authority.

12.2.3 If the Authority’s Engineer determines that the Project or any completed part thereofdoes
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
Authority 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 Authority may,
at any time after receiving a report from the Authority’s Engineer under that Clause, direct
the Authority’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) ofthe
amount arrived at after reducing the lump sum price specified in Clause 17.1.1 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 illustration, the parties agree that if the
Contract Price specified in clause 17.1.1 is Rs.105 Crore (Rupees one hundred and five
crore) and the works withdrawn under clause 8.3.3 have a value of Rs.5 Crore (Rupees five
crore), a provisional certificate shall not be issued until valid claims for payment ofan
amount of Rs.80 Crore (Rupees Eighty Crore) has been submitted by the contractor and
valued as such by the authority, in accordance with the provisions of this agreement. It is
further agreed that all price adjustments made in pursuance of Clause 17.10 shall not be
reckoned for computation of the claims for payments referred to this Clause 12.2.5. It is
also agreed that any Change of Scope effected within 30 (thirty) days of the Appointed
Date shall be reckoned by the purposes of determining the Contract Price here under.

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 Authority or due to Force Majeure, the Authority shall be entitled
to recover Damages from the Contractor in accordance with the provisions of Clause 10.3.2
of this Agreement.

12.4 Completion Certificate

12.4.1 Upon completion of all Works, including the items specified in the Punch List, if the
Authority’s Engineer determining the Tests to be successful, it shall forthwith issue to the
Contractor after the approval of the Authority a certificate substantially in the form set forth
in Schedule-H (the "Completion Certificate").

73
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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 Authority 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
Authority.

12.4.3 Without prejudice to the obligations of the Contractor specified in Articles 15, theproperty
and ownership of all the completed Works forming part of the Project shall vest in the
Authority.

12.5 Rescheduling of Tests

If the Authority’s Engineer certifies to the Authority 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.

74
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 13
(CHANGE OF SCOPE)

13.1 Change of Scope

13.1.1 The Authority 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 except under Clause 8.3.3; provided
that, subject to Clause 13.5, the Authority shall not omit any work under this Clause in
order to get it executed by any other authority; and / or

c. any additional work, Plant, Materials or services which are not included in the Scope of the
Project, including any associated Tests on completion of construction.

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 Authority of executing, maintaining or
operating the Project, (iii) improve the efficiency or value to the Authority of the completed
Project, or (iv) otherwise be of benefit to the Authority, it shall prepare a proposal with
relevant details and justification 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
Authority to consider such Change of Scope. The Authority shall, within 30 (thirty) days
of receipt of such proposal, either accept such Change of Scope with modifications, if any,
and initiate proceedings there for 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 Authority, save and except any Works necessary for meeting any Emergency.

13.2 Procedure for Change of Scope

13.2.1 In the event of the Authority determining that a Change of Scope is necessary, it may direct
the Authority’s Engineer to issue to the Contractor a notice specifying in reasonable detail
the works and services contemplated there under (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 Authority and the Authority’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

75
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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 different 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.

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 increase/ decrease in Scope shall be
applicable only in case the cost worked out is more than 1% of the contract price and
determined on the following principles:

a. For works where Haryana Schedule of Rates (HSR) of State's Public Works Department
are available, then the same shall be applicable for determination of costs. In case of non-
availability of current HSR, the available Schedule of Rates shall be applied by updating
the same based on Whole Sale Price Index (WPI).
b. in the event that items are not covered in the Haryana Scheduled Rate, then the
DSR/CPWD Schedule of Rates, whichever is less, will be used in that order.
c. In the event that item is not covered under (a) & (b) above, 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 12.5% shall be added to cover the
Contractor’s Overhead and Profit for the rates evaluated under this Para (c) of Clause
13.2.3.
13.2.4 Upon reaching an Agreement, the Authority 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 Authority 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 Authority till the matter is resolved in
accordance with Article 24; 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 Authority has issued the Change of Scope
Order save and except any Works necessary for meeting any Emergency.

13.4.2 The total value of all Change of Scope Orders shall not vary beyond 10 (ten) per cent of
the Contract Price subject to the provision contained in Clause 8.3.3.
76
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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 Authority 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 Authority 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
bid amount to the Authority, and 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. 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.

77
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 14

(TRAFFIC REGULATIONS)

Deleted

78
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 15

(DEFECTS LIABILITY)

15.1 Defects Liability Period

15.1.1 The Contractor shall be responsible for all the Defects and deficiencies in the Project or any
Section thereof, till the expiry of a period of 5 (five) years commencing from the date of
issue of the Completion Certificate.

15.2. Remedy and rectification of Defects and deficiencies.

The Contractor shall repair or rectify all defects and deficiencies observed by the Authority
during the Defects Liability Period within a period of 15 (fifteen) days from thedate of
notice issued by the Authority in this behalf, or within such reasonable period as may be
determined by the Authority at the request of the Contractor, in accordance with Good
Industry Practice.

15.3 Cost of remedying Defects.

For the avoidance of doubt, any repair or rectification undertaken in accordance with the
provisions of Clause 15.2 including any additional tests shall be carried out by the
Contractor at its own risk and cost, to the extent that such rectification or repair is
attributable to:

(a) the design of the project;

(b) Works, Plant materials or workmanship not being in accordance with this Agreement and
the Specifications and Standards;

(c) improper maintenance during construction of the Project by the Contractor; or

(d) failure by the Contractor to comply with any other obligation under this Agreement

15.4 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 15.2, the Authority shall be entitled to get the same repaired,
rectified or remedied at the Contractor’s cost so as to make the Project conform to the
Specifications and Standards and the provisions of this Agreement. All costs consequent
thereonand an amount equal to 20% (twenty percent) of such cost as Damages, shall be
recoverable by the Authority from the Contractor and may be deducted by the Authority
from any monies duesto the Contractor.

15.5 Contractor to search cause.

15.5.1 The Authority 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.

15.5.2 In the event any Defect identified under Clause 15.5.1 is attributable to the Contractor,

79
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

the Contractor shall rectify such Defect within the period specified by the Authority,
and shall bear the cost of the examination and rectification of such Defect.

15.5.3. Deleted.

15.6 Extension of Defects Liability Period

15.6.1 The Defects liability Period shall be deemed to be extended till the identified Defects
under Clause 15.2 have been remedied.

15.6.2 Any Materials or works with Defects identified under Clause 15.2 and replaced or
repaired during the Defects Liability Period or the extended Defects Liability Period, as
the case may be, would be further warranted for a period of twelve (12) months from
the date of completion of such repair or replacement.

15.6.3 The Contractor shall upon termination or expiry of this Agreement, or upon expiry of
the Defects Liability Period, assign any outstanding benefit in respect of any subcontract
or any warranty from any subcontractor, to the Authority or to such other person as the
Authority may direct.

80
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 16

Authority’s Engineer

16.1 Appointment of the Authority Engineer

16.1.1. Authority’s Engineer firm substantially in accordance with the Schedule-I, to be the
Engineer under this Agreement (the "Authority’s Engineer")

16.1.2 The Authority’s Engineer should be appointed within 30 (Thirty) days from the date of this
Agreement or before declaration of Appointed Date. The Authority shall notify the appointment
of the Authority’s Engineer to the Contractor forthwith.

16.1.3 The staff of the Authority’s Engineer shall include suitably qualified engineers and other
professionals who are competent to assist the Authority’s Engineer to carry out its duties.

16.2 Duties and authority of the Authority’s Engineer

16.2.1 The Authority’s Engineer shall perform the duties and discharge its functions in
accordance with the provisions of this Agreement, and substantially in accordance with the
terms of reference ("Terms of Reference" or "TOR") set forth in Schedule-I, but subject
to obtaining prior written approval of the Authority before determining:

(a) any Time Extension;

(b) any additional cost to be paid by the Authority to the Contractor;

(c) the Termination Payment;

(d) any deviation in the scope of work:

(e) any change in design; or

(f) any other matter which is not specified in (a), (b), (c), (d) or (e) above and which creates an
obligation or liability on either Party

16.2.2 No decision or communication of the Authority’s Engineer shall be effective or valid unless
it is accompanied by an attested true copy of the approval of the Authority / Authority’s
Representatives for and in respect of any matter specified in Clause 16.2.1 as well as all
other matters relating to this Agreement.

16.2.3 The Authority’s Engineer shall submit regular periodic reports, at least once every month,
to the Authority in respect of its duties and functions under this Agreement. Such reports
shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of
every month. For the avoidance of doubt, the Authority’s Engineer shall include in its
report, compliance of the recommendations of the Safety Consultant.

16.2.4. A true copy of all the communications sent by the Authority’s Engineer to the Contractor
and by the Contractor to the Authority’s Engineer shall be sent forthwith by the Authority’s
Engineer to the Authority.

81
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

16.3 Authorised Signatory of the Authority’s Engineer

16.3.1 The authority shall require the Authority’s Engineer to designate and notify to the
Authority and the Contractor upto 2 (two) persons employed in his firm to sign for and on
behalf of the Authority’s Engineer, and any communication or document required tobe
signed by the Authority’s Engineer shall be valid and effective only if signed by anyof
the designated persons; provided that Authority’s Engineer may, by notice in writing,
substitute any of the designated person by any of its employee.

16.3.2 Any failure of the Authority’s Engineer to disapprove any work, Plant or Materials shall
not constitute approval, and shall therefore not prejudice the right of the Authority to reject
the work, Plant or Materials, which is not in accordance with the provisions of this
Agreement and the Specifications and Standards.

16.3.3 Notwithstanding anything stated in Clause 16.3.1 above, the Authority’s Engineer shall
not delegate the authority to refer any matter for the Authority's prior approval wherever
required in accordance with the provisions of Clause 16.2.

16.4 Instructions of the Authority’s Engineer

16.4.1 The Authority’s Engineer may issue to the Contractor instructions for remedying any
Defect. The Contractor shall take such instructions from the Authority’s Engineer
authorized signatory only.
16.4.2 The instructions issued by the Authority’s Engineer shall be in writing. However, if the
Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm in
writing the oral instructions within 3 (three) working days of issuing them.
16.4.3 In case the Contractor does not receive the confirmation of the oral instruction within the
time specified in Clause 16.4.2, the Contractor shall seek the written confirmation of the
oral instructions from the Authority’s Engineer. The Contractor shall obtain
acknowledgement from the Authority’s Engineer of the communication seeking written
confirmation. In case of failure of the Authority’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.
16.4.4 In case of any dispute on any of the instructions issued by the delegated assistant, the
Contractor may refer the dispute to the Authority’s Engineer, who shall then confirm,
reverse or vary the instructions within 5 (five) business days of the dispute being referred.

16.5 Determination by the Authority’s Engineer

16.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement
wherever this Agreement provides for the determination of any matter by the Authority’s
Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair
determination in accordance with this Agreement having due regard to all relevant
circumstances. The Authority’s Engineer shall give notice to both the Parties of each
agreement or determination, with supporting particulars.
16.5.2 Each Party shall give effect to each agreement or determination made by the Authority’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 Authority’s
Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution
Procedure.

82
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

16.6 Remuneration of the Authority’s Engineer

The remuneration, cost and expenses of the Authority’s Engineer shall be paid by the
Authority as per appointed terms & conditions.

16.7 Termination of the Authority’s Engineer

16.7.1 The Authority may, in its discretion, replace the Authority’s Engineer if they are not
discharging their duty as per the Agreement but only upon the appointment of another
Authority’s Engineer in accordance with Clause 16.1.
16.7.2 If the Contractor has reasons to believe that the Authority’s Engineer is not discharging
its duties and functions in accordance with the provisions of this Agreement, it may make
a written representation to the Authority and seek termination of the appointment of the
Authority’s Engineer. Upon receipt of such representation, the Authority shall hold a
tripartite meeting with the Contractor and Authority’s Engineer and make best efforts for
an amicable resolution of the dispute. In the event that the appointment of the Authority’s
Engineer is terminated hereunder, the Authority shall appoint forthwith another
Authority’s Engineer in accordance with Clause 16.1.

16.8. Interim Arrangement.

In the event that the Authority has not appointed an Authority’s Engineer, or the
Authority’s Engineer so appointed has relinquished its functions or defaulted in discharge
thereof, the Authority may, in the interim, designate and authorize any person to discharge
the functions of the Authority’s Engineer in accordance with the provisions of this
Agreement, save and except that such person shall not exercise any functions relatingto
review, comment, approval or inspection as specified in this Agreement for and in respect
of the Authority’s Engineer, and such functions shall be discharged as and when an
Authority’s Engineer is appointed in accordance with the provisions of this Agreement.
Provided, however, that nothing contained in this Clause 16.8 shall in any manner restrict
the rights of the Authority to enforce compliance of the provisions of this Agreement.

83
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part IV

Financial Covenants

84
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 17
PAYMENTS

17.1 Contract Price

17.1.1 The Authority shall make payments to the Contractor for the Works on the basis of the
lump sum price accepted by the Authority in consideration of the obligations specified in
the Agreement for an amount of Rs. (Rupees ) (without GST)
plus GST @18% amounting to Rs. (Rupees ) thereby totaling
to Rs. (Rupees ) (the “Contract Price”), which shall be
subject to adjustments in accordance with the provisions of this Agreement. 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.

17.1.2. 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 on the Contractor's
equipment, Plant, Materials and supplies acquired for the purpose of this Agreement and
on the services performed under this Agreement. Nothing in this Agreement shall relieve
the Contractor from its responsibility to pay any tax including any tax that may be levied
in India on profits made by it in respect of this Agreement.

17.1.3 The Contract Price shall not be adjusted for any change in costs stated in Clause 17.1.2
above, except as stated in Clause 17.13.

17.1.4 The Contract Price shall not be adjusted to take account of any unforeseen difficulties or
costs, unless otherwise provided for in this Agreement.

17.1.5 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 thereof and the rectification of any Defects in the Project.

17.1.6 All payments under this Agreement shall be made in Indian Rupees.

17.1.7 Notwithstanding anything contained under this contract agreement, it is clarified that in
case of any increase or decrease in the GST Rates during the currency of the contract, such
increase or decrease shall be adjusted while regulating the payments under the contract.

17.2 Advance Payment

17.2.1 Mobilization Advance not exceeding 10% of the Contract Price value be given, if requested
by the Contractor in writing within one month of the order to commence the work. The
Advance Payment shall carry simple interest @ 7% (seven percent) per annum and shall be
made in two equal installments. The first installment of such advance be released by the
Authority to the Contractor in accordance with Clause 17.2.2. The second installment shall
be released by the Authority only after the Contractor furnishes a proof of the satisfactory
utilization of the earlier installment to the entire satisfaction of the Authority.

85
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

17.2.2 The Contractor may apply to the Authority for the 1st (first) installment of the Advance
Payment at any time after the Appointed Date, alongwith an irrevocable and unconditional
guarantee from a Bank for an amount equivalent to 110% (one hundredand ten percent)
of such installment, substantially in the form provided at Annex.-III of Schedule-D, to
remain effective till the complete and full repayment of such installment and any interest
thereon. The Bank Guarantee against Advance Payment shall be got extended from time to
time till the recovery of Advance Payment together with interest.

17.2.3 At any time, after 60 (sixty) days from the Appointed Date and subject to the Contractor
furnishing proof of the satisfactory utilization of the earlier installment to the entire
satisfaction of the Authority, the Contractor may apply to the Authority for the 2nd (second)
or subsequent installment(s) of the advance payment alongwith an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 110% (one hundredten
percent) of such installment, substantially in the form provided at Annex-III ofSchedule-
D, to remain effective till the complete and full repayment of such installment and any
interest thereon. The Bank Guarantee against Advance Payment shall be got extended from
time to time till the recovery of Advance Payment together with interest.

17.2.4 The installments of Advance Payments shall be paid by the Authority to the Contractor
within 15 (fifteen) days of the receipt of its respective requests in accordance with the
provisions of this Clause 17.2.

17.2.5 The Advance Payment shall be recovered through proportionate deductions to be made in
the Interim Payments Certificates issued in accordance with the provisions of clause
17.5.2. Deductions of Advance Payment shall commence from the Interim Payment
Certificate in which the cumulative interim payments certified shall have reached 30%
(thirty percent) of the Contract Price. The total amount recovered in each Interim Payment
Certificate shall not exceed 30% (thirty percent) of the amount due and payable under such
Interim Payment Certificate, which shall include interest on the amount being recovered
hereunder. For the avoidance of doubt, the Parties agree that in the event the total payment
specified in any Interim payment Certificate exceeds the limit of 30% (thirty percent) of
the Contract Price, the proportion of recovery hereunder shall be restricted to the amount
exceeding 30% (thirty per cent) of the Contract Price. By way of illustration, the Parties
agree that if the first recovery of say, Rupees ‘x’ is made after 20 (twenty) months from the
date of 1st (first) installment of the Advance Payment, interest on Rupees ‘x’ shall be due
and payable for a period of 20 (twenty) months; and when the next recovery is made in the
following month for say, Rupees ‘y’, interest on Rupees ‘y’ shall be due and payable for a
period of 21 (twenty one) months. The parties further agreethat no payments in excess of
90% (ninety percent) of the Contract Price shall be releasedto the Contractor until the
Advance Payment, including interest thereon, has been fully recovered.

While affecting the recovery of Advance & Interest thereon from theamount payable to the
Contractor against Stage Payment Statement/Interim Payment Certificate, as the case may
be, firstly recovery of interest shall be made and thereafter the principal amount of
Advance Payment shall be recovered. Interest shall be computed on the amount of Advance
Payment outstanding upto last date of preceding month in which Stage Payment
Certificate/Interim Payment Certificate has been submitted by the Contractor.

86
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

17.2.6 If the Advance Payment has not been fully repaid prior to Termination under Clause
19.7 or Article 21, as the case may be, the whole of the balance then outstanding shall
immediately become due and payable by the Contractor to the Authority. In the event of
Termination for Contractor Default, the Advance Payment shall be deemed to carry
simple interest at the rate of 10% (ten per cent) per annum from the date of Advance
Payment to the date of recovery by encashment of the Bank Guarantee for the Advance
Payment. For the avoidance of doubt, the aforesaid interest shall be payable on each
installment of the Advance Payment, regardless of whether the installment or any part
thereof has been repaid to the Authority prior to Termination.

17.3 Procedure for estimating the payment for the Works

17.3.1 The Authority shall make interim payments to the Contractor as certified by the
Authority’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 stages as mentioned in Schedule – E.

17.3.2 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
17.3.1, supported with necessary particulars and documents in accordance with this
Agreement.

17.3.3 Any reduction in the Contract Price arising out of Change of Scope or the Workswithdrawn
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. 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.

17.4 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 Authority’s Engineer in the form set forth in
Schedule-J along with compliance of checklist attached, showing the amount calculated
in accordance with Clause 17.3 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, computerized measurement book and any other valid supporting
documents. The Contractor shall not submit any claim for payment of incomplete stages
of work. The procedure for computerized measurements will be as follows:

17.4.1 Authority’s Engineer shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the Contract. All measurements
of all items having financial value shall be entered by the Contractor and compiled in the
shape of the Computerized Measurement Book having pages of A-4 size so that a complete
record is obtained of all the items of works performed under the Contract.
17.4.2 All such measurements and levels recorded by the Contractor or his Authorized
Representative from time to time, during the progress of the Work, shall be got

87
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

checked by the Contractor from the Authority’s Engineer as per interval or program fixed
in consultation with the Authority’s Engineer. After the necessary corrections made by the
Authority’s Engineer, the measurement sheets shall be returned to the Contractor for
incorporating the corrections and for resubmission to the Authority’s Engineer for the
dated signatures by the Authority’s Engineer and the Contractor or their representatives in
token of their acceptance.
17.4.3 Whenever bill is due for payment, the Contractor would initially submit draft computerized
measurement sheets and these measurements would be got checked/test checked from the
Authority’s Engineer and Authority’s Representative. The Contractor will, thereafter,
incorporate such changes as may be done during these checks/test checks in his draft
computerized measurements, and submit to the Authority’s Engineer a computerized
measurement book, duly bound, andwith its pages machine numbered. The Authority’s
Representative and the Authority’s Engineer would thereafter check this MB, and record
the necessary certificates for their checks/ test checks.
17.4.4 The final, fair, computerized measurement book given by the contractor, duly bound, with
its pages machine numbered, should be 100% correct, and no cutting or over-writing in the
measurements would thereafter be allowed. If at all any error is noticed, the Contractor
shall have to submit a fresh computerized MB with its pages duly machine numbered and
bound, after getting the earlier MB cancelled by the Authority. Thereafter, the MB shall be
taken in the Authority’s Representative’s Office records, and allotted a number as per the
Register of Computerized MBs. This should be done before the corresponding bill is
submitted to the Authority’s Representative’s Office for payment. The contractor shall
submit two spare copies of such computerized MB‟s for the purpose of reference and
record by the various officers of the Authority.
17.4.5 The Contractor shall also submit to the Authority separately his computerized
Abstract of Cost and the bill based on these measurements, duly bound, and its pages
machine numbered along with two spare copies of the bill. Thereafter, this bill will be
processed by the Authority’s Engineer’s Office and allotted a number as per the
computerized record in the same way as done for the measurementbook meant for
measurements.
17.4.6 Maintenance Statement of the Project Works
(i) The Contractor shall submit to the Authority’s Engineer, a Quarterly Maintenance
statement (“Quarterly Maintenance Statement”) in 3 (three) copies by the 7th
(seventh) day of starting Quarter for the Maintenance of the Project Works during
the previous Quarter. However, Contractor needs to submit the monthly O&M
report for records and performance.
(ii) The Quarterly lump sum amount payable for Maintenance shall be 1/4th (one-
fourth) of the annual cost of Maintenance.

17.5 Stage Payment for Works

17.5.1 Within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 17.4, Authority’s Engineer shall determine the amount due to the
Contractor against the schedule of work done and recommend the release of 80% (eighty
percent) of the amount so determined as part payment against the Stage Payment
Statement, pending issue of the Interim Payment Certificate (IPC) within 20 (Twenty) days
of the receipt of recommendation of the Authority’s Engineer, the Authority shall make
electronic payment thereof directly to the Contractor's bank account.

17.5.2 Within 15 (Fifteen) days of the receipt of the Stage Payment Statement referred to in Clause
17.4, the Authority’s Engineer shall determine and shall deliver to the Authority and the
88
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting
the payments already released to the Contractor against the said statement. For the
avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have
been deducted from the Stage Payment Statement and the reasons therefore. The
Authority’s Engineer shall issue IPC after taking consent from Authority’s
Representative.
17.5.3 In cases where there is a difference of opinion as to the value of any stage, the Authority’s
opinion shall prevail and interim payments shall be made to the Contractoron this basis;
provided that the foregoing shall be without prejudice to the Contractor's right to raise a
Dispute.

17.5.4 Authority’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 Authority’s Engineer had notified the Contractor;
and

b. the estimated cost of rectification of any works which have not been constructed in
accordance with this Agreement.

17.5.5 Payment by the Authority hereunder shall be deemed to be provisional and shall not be
construed as the Authority's acceptance, approval, consent or satisfaction with the work
done.

17.5.6 In the event the amounts released by the Authority under Clause 17.5.1 exceed the
amount finally determined by the Authority’s Engineer/ Authority pursuant to Clauses
17.5.2 to 17.5.4, the difference thereof shall be accounted for in the next IPC.

17.5.7 Payment for Maintenance of the Project Works

(i) Within 15 (fifteen) days of receipt of the Quarterly Maintenance Statement from
the Contractor pursuant to Clause 17.4.6, the Authority’s Engineer shall verify the
Contractor’s Quarterly Maintenance statement and certify the amount to be paid to
the Contractor taking into account:
• Compliance with the Maintenance Requirements; and
• Reduction for non-compliance with the Maintenance Requirement in accordance
with Schedule M.

(ii) The Authority’s Engineer shall deliver to the Authority an IPC approving or
amending the quarterly Maintenance statement to reflect the amount due to the
Contractor in accordance with this Agreement.

(iii) Within 15 (fifteen) days of the receipt of certified IPC, the Authority shall pay the
Contractor the approved/certified sum against the said IPC.

(iv) The payment - shall be made in fixed Quarterly amounts in accordance with this
Agreement. If the Maintenance Requirements set forth in Clause 2.1.4 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 Authority’s Engineer.

(v) The deduction made on account of non-compliance with the Maintenance

Requirements shall not be subsequently considered for payment after the
89
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

compliance is achieved by repair or rectification.

(vi) The Authority shall pay to the Contractor every quarter any amount due under any
IPC under this Clause 17.5.7. The payment shall be made no later than 30 (thirty)
days from the date of submission of the last IPC for the relevant quarter.

17.6. Payment of Damages

17.6.1 The Contractor may claim Damages due and payable to it in accordance with theprovisions
of this Agreement.

17.6.2 Authority’s Engineer shall issue the IPC within 30 (Thirty) days of the receipt of the claim
under Clause 17.6.1, after making adjustments in accordance with the provisions of this
Agreement. The Authority shall pay to the Contractor the amount due under any IPC within
a period of 60 (sixty) days from the date of the submission of the claim under this Clause
17.6.
17.7 Time of Payment

17.7.1 The Authority shall pay to the Contractor any amount due under any payment certificate
issued by the Authority’s Engineer in accordance with the provisions of this Agreement as
follows:

a. payment shall be made no later than 30 (Thirty) days from the date of submission of the
Stage Payment Statement by the Contractor to the Authority’s Engineer for
recommendation in accordance with the provisions of Clause 17.4 for an IPC; provided that,
in the event the IPC is not issued by the Authority’s Engineer within the aforesaid period of
30 (Thirty) days, the Authority shall pay the amount shown in the Contractor's Stage
Payment Statement and any discrepancy therein shall be adjusted in the next IPC; and

b. payment shall be made no later than 56 (Fifty Six) days from the date of submission of the
Final Payment Certificate for Works along with the discharge submitted to the Authority’s
Engineer in accordance with the provisions of Clause 17.12 for certification.

17.7.2 Every effort will be made to make the payment as per Clause-17.7.1. However, in the event
of failure of the Authority to make payment to the Contractor within the time period
specified, the Authority shall be liable to pay, an interest at the rate 7% per annum for the
period of delay.
17.8. Price Adjustment for Capital Cost
17.8.1 Contract price for Capital Cost shall be adjusted for increase or decrease in rates and price of labour,
materials, cement, steel, bitumen & fuels power etc. in accordance with the following principles and
procedures and as per formula given in succeeding sub clauses:
a) The base date for working out such price adjustment shall be the last stipulated date of receipt of tender
including extension, if any.
b) The price adjustment shall apply for the work done from the start date given in succeeding sub clauses upto
end of the initial intended completion date and shall not apply to the work carried out beyond the stipulated
time for any reasons. However, in case de-escalation is applicable for work carried beyond the stipulated
time period, the same shall be recoverable from the contractor.
c) The price adjustment shall be determined quarterly from the formula given in succeeding sub clauses.
d) Following expressions and meanings are assigned to the work done during each month.
R= Total value of Capital work done during the month. It would include the amount of secured advance
granted, if any, during the month, less the amount of secured advance recovered, if any during the month.
90
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

It will exclude value for works executed under variations for which price adjustment will be worked
separately based on the terms mutually agreed.

17.8.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the
provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall be
deemed to include amounts to cover the contingency of such other rise or fall in costs.
17.8.3 The formula (e) for adjustment of prices are: R = Value of work as defined in Sub Clause 17.8.1 above.
Adjustment for labour component
(i) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with
the following formula:
VL = 0.85 x P1/100 x R x (Li – Lo)/ Lo
VL = increase or decrease in the cost of work during the month under consideration due to
changes in rates for local labour.
Lo = The All India Monthly Consumer Price Index for Industrial Workers (General Index)
applicable on last stipulated date of receipt of Bids including extension, if any, as published
by Labour Bureau, Government of India(website http://labourbureau.gov.in).
Li = The All India Monthly Consumer Price Index for Industrial Workers (General Index) for
the month under consideration as published by Labour Bureau, Government of India
(website http://labourbureau.gov.in).
PI = Percentage of labour component of work.

Adjustment for cement component

(ii) Price adjustment for increase or decrease in the cost of cement procured by the contractor shall be
paid in accordance with the following formula:
Vc = 0.85 x Pc/100 x R x (Ci - Co)/ Co
Vc = increase or decrease in the cost of work during the month under consideration due to
changes in rates for cement.
Co = The Monthly Wholesale Price Index for Grey Cement on last stipulated date of receipt of
Bids including extensions, if any, as published by the Office of Economic Advisor to the
Government of India, Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Ci = The Monthly Wholesale Price Index for Grey Cement for the month under consideration
as published by the Office of Economic Advisor to the Government of India, Ministry of
Commerce & Industry(website http://eaindustry.nic.in).
PC = Percentage of cement component of the work.
Note: For the application of this sub clause, index of Grey Cement has been chosen to represent
cement group.

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the contractor shall be
paid in accordance with the following formula:
Vs = 0.85 x Ps/100 x R x (Si - So)/ So
Vs = increase or decrease in the cost of work during the month under consideration due to
changes in rates for steel.
So = The Monthly Wholesale Price Index for Rebars on last stipulated date of receipt of Bids
including extensions, if any, as published by the Office of Economic Advisor to the
Government of India, Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Si = The Monthly Wholesale Price Index for Rbars for the month under consideration as
published by the Office of Economic Advisor to the Government of India, Ministry of
Commerce & Industry(website http://eaindustry.nic.in).
91
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Ps = Percentage of steel component of the work.

Note: For the application of this sub clause, index of Rbars has been chosen to represent steel
group.

Adjustment of POL (fuel and lubricant) component

(iv) Price adjustment for increase or decrease in the cost of POL (fuel and lubricant) shall be paid in
accordance with the following formula:
Vf = 0.85 x Pf/100 x R x (Fi - Fo)/ Fo
Vf = Increase or decrease in the cost of work during the month under consideration due to
changes in rates for fuel and lubricants.
Fo = The Monthly Wholesale Price Index for High Speed Diesel on last stipulated date of
receipt of Bids including extensions, if any, as published by the Office of Economic
Advisor to the Government of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
Fi = The Monthly Wholesale Price Index for High Speed Diesel for the month under
consideration as published by the Office of Economic Advisor to the Government of India,
Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Pf = Percentage of POL (fuel and lubricants) component of the work.
Note: For the application of this sub clause, the index of High Speed Diesel has been chosen to
represent POL (fuel and lubricants) group.

Adjustment for Bitumen

(v) Price adjustment for increase or decrease in the cost of Bitumen procured by the Contractor shall
be paid in accordance with the following formula:
Vb = 0.85 x Bb/100 x R x (Bi - Bo)/ Bo
Vb = Increase or decrease in the cost of work during the month under consideration due to
changes in rates for Bitumen.
Bo = The Monthly Wholesale Price Index for Bitumen on last stipulated date of receipt of Bids
including extensions, if any, as published by the Office of Economic Advisor to the
Government of India, Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Bi = The Monthly Wholesale Price Index for Bitumen for the month under consideration as
published by the Office of Economic Advisor to the Government of India, Ministry of
Commerce & Industry(website http://eaindustry.nic.in).
Bb = Percentage of Bitumen component of the work.

Adjustment of Other materials Component

(vi) Price adjustment for increase or decrease in the cost of local materials other than cement, steel,
POL, ELECTRICAL MACHINERY, EQUIPMENT & BATTERIES procured by the Contractor
shall be paid in accordance with the following formula:
Vm = 0.85 x Pm/100 x R x (Mi - Mo)/ Mo
Vm = Increase or decrease in the cost of work during the month under consideration due to
changes in rates for local materials other than cement, steel, POL, ELECTRICAL
MACHINERY, EQUIPMENT & BATTERIES.
Mo = The Monthly Wholesale Price Index for All Commodities on last stipulated date of receipt
of Bids including extensions, if any, as published by the Office of Economic Advisor to
the Government of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).

92
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Mi = The Monthly Wholesale Price Index for All Commodities for the month under
consideration as published by the Office of Economic Advisor to the Government of India,
Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Pm = Percentage of local material component (other than cement, steel, POL, ELECTRICAL
MACHINERY, EQUIPMENT & BATTERIES) of the work.
Note: For the application of this sub clause, index of all commodities has been chosen to
represent Plant and Machinery.
The following percentages will govern the price adjustment for the entire Capital Cost Component:

1. Labour – PI 25%
2. Cement – Pc 05%
3. Steel – Ps 05%
4. POL – Pf 05%
5. Bitumen – Bb 10%
6. Other Materials–Pm 50%
Total 100%

17.9 Restrictions on Price adjustment

Price adjustment shall be due and payable only in respect of the stages of Works for which
the Stage Payment Statement has been submitted by the Contractor no later than 30
(thirty) days from the date of the applicable Project Milestone, including any Time
Extension granted to the milestone subject to execution of the work within stipulated time
period in accordance with the provisions of this Agreement. For the avoidance of doubt, in
the event of submission of any Stage Payment Statement after the period specified herein,
price adjustment shall be applicable only until the date of the respective Project Milestone.

17.10 Final Payment Statement

17.10.1 Within 60 (sixty) days after receiving the Completion Certificate under Clause 12.4, the
Contractor shall submit to the Authority’s Engineer for consideration six copies of a Final
Payment Statement (the "Final Payment Statement") for Works, with supporting
documents showing in detail, in the form prescribed by the Authority’s Engineer in respect
of :
(a) the summary of Contractor's Stage Payment Statements for Works as submitted in
accordance with Clause 17.4;

(b) the amounts received from the Authority against each claim; and

(c) any further sums which the Contractor considers due to it from the Authority.

17.10.2 If the Authority’s Engineer disagrees with or cannot verify any part of the Final Payment
Statement, the Contractor shall submit such further information as the Authority’s
Engineer may reasonably require.

17.10.3 The Authority’s Engineer shall deliver to the Authority:

(i) an IPC for those parts of the Final Payment Statement which are not in dispute,
along with a list of disputed items which shall then be settled in accordance with
the provisions of Article 24; or
93
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(ii) a Final Payment Certificate in accordance with Clause 17.12 if there are no
disputed items.
17.10.4 In the event that the Authority’s Engineer does not prescribe the form referred to in
Clause 17.10.1 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.

17.11 Discharge
Upon submission of the Final Payment Statement for Works under Clause 17.10, the
Contractor shall give to the Authority, with a copy to the Authority’s Engineer, a written
discharge confirming that the total of the Final Payment Statement representsfull and
final settlement of all monies due to the Contractor in respect of this Agreementfor 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 17.12.

17.12 Final Payment Certificate

17.12.1 Within 30 (thirty) days after receipt of the Final Payment Statement for Works, and the
written discharge under Clause 17.11, and there being no disputed items of claim, the
Authority’s Engineer shall deliver to the Authority, with a copy to the Contractor, a
final payment certificate (the "Final Payment Certificate") stating the amount which, in
the opinion of the Authority’s Engineer, is finally due under this Agreement or otherwise.
For the avoidance of doubt, before recommending the Final Payment Certificate, the
Authority’s Engineer shall ascertain from the Authority all amounts previously paid by
the Authority all sums to which the Authority is entitled and the balance, if any, due from
the Authority to the Contractor or from the Contractor to the Authority, as the case may
be.

17.12.2 The Authority shall, in accordance with the provisions of Clause 17.7, pay to the
Contractor the amount which is specified as being finally due in the Final Payment
Certificate.
17.13 Change in Law
17.13.1 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 Authority with a copy to the
Authority’s Engineer of such additional cost due to Change in Law.

17.13.2 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 Authority’s Engineer of
such reduction in cost due to Change in Law.

17.13.3 The Authority’s Engineer shall, within 15 (fifteen) days from the date of receipt of the
notice from the Contractor or the Authority, determine any addition or reduction to the
Contract Price, as the case may be, due to the Change in Law.

94
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

17.14 Correction of Interim Payment Certificates

The Authority’s Engineer may by an Interim Payment Certificate make any correction or
modification in any previous Interim Payment Certificate issued by it.
17.15 Authority's claims
If the Authority 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 the representation, if any, made by the Contractor in this behalf,
before making such recovery. It is also added that in case of any dispute, the decision of
Authority will be final and binding to contractor.

17.16 Bonus for Early Completion

To encourage the completion of works before the original time schedule, the authority may
award bonus/incentive to the contractor @ 0.1% (zero point one percent) of tendered value
per week, computed on per day basis, subject to maximum limit of 1% (one percent) of
tendered value. In any case, this will not be considered if original time limits extended
because of what so ever reason either attributable to authority or contractor or force
majeure. If the works are not completed in the given time schedule, the authority shall take
time action as per clause 10.3. HSIIDC’s decision on applicability of bonus/incentive will
be final and binding on the contractor.

17.17 Price Adjustment for O&M

17.17.1 Contract price for O&M shall be adjusted for increase or decrease in rates and price of labour,
materials, fuels etc. in accordance with the following principles and procedures and as per formula
given in succeeding sub clauses:
a) The base date for working out such price adjustment shall be the last stipulated date of receipt of
tender including extension, if any.
b) The price adjustment shall apply for the work done from the start date given in succeeding sub
clauses upto end of the initial intended completion date and shall not apply to the work carried out
beyond the stipulated time for any reasons. However, in case de-escalation is applicable for work
carried beyond the stipulated time period, the same shall be recoverable from the contractor.
c) The price adjustment shall be determined quarterly from the formula given in succeeding sub
clauses.
d) Following expressions and meanings are assigned to the work done during each month.
R= Total value of O&M work done during the month. It would include the amount of secured
advance granted, if any, during the month, less the amount of secured advance recovered, if any
during the month. It will exclude value for works executed under variations for which price
adjustment will be worked separately based on the terms mutually agreed.
17.17.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by
the provisions of this or other clauses in the contract, the unit rates and prices included in the
contract shall be deemed to include amounts to cover the contingency of such other rise or fall in
costs.
17.17.3 The formula (e) for adjustment of prices are: R = Value of work as defined in Sub Clause 17.17.1
above.
(i) Adjustment for labour component
Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with
the following formula:
VL = 0.85 x P1/100 x R x (Li – Lo)/ Lo

95
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

VL = increase or decrease in the cost of work during the month under consideration due to
changes in rates for local labour.
Lo = The All India Monthly Consumer Price Index for Industrial Workers (General Index)
applicable on last date of receipt of Bids, including extension, if any as published by
Labour Bureau, Government of India (website http://labourbureau.gov.in).
Li = The All India Monthly Consumer Price Index for Industrial Workers (General Index) for
the month under consideration as published by Labour Bureau, Government of India
(website http://labourbureau.gov.in).
PI = Percentage of labour component of work.

(ii) Adjustment of POL (fuel and lubricant) component

Price adjustment for increase or decrease in the cost of POL (fuel and lubricant) shall be
paid in accordance with the following formula:
Vf = 0.85 x Pf/100 x R x (Fi - Fo)/ Fo
Vf = Increase or decrease in the cost of work during the month under consideration due to
changes in rates for fuel and lubricants.
Fo = The Monthly Wholesale Price Index for High Speed Diesel last stipulated date of receipt
of Bids, including extensions, if any as published by the Office of Economic Advisor to
the Government of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
Fi = The Monthly Wholesale Price Index for High Speed Diesel for the month under
consideration as published by the Office of Economic Advisor to the Government of India,
Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Pf = Percentage of POL (fuel and lubricants) component of the work.
Note: For the application of this sub clause, the index of High Speed Diesel has been chosen to
represent POL (fuel and lubricants) group.
(iii) Adjustment of Other materials Component
Price adjustment for increase or decrease in the cost of local materials other than cement, steel,
POL, ELECTRICAL MACHINERY, EQUIPMENT & BATTERIES procured by the Contractor
shall be paid in accordance with the following formula:
Vm = 0.85 x Pm/100 x R x (Mi - Mo)/ Mo
Vm = Increase or decrease in the cost of work during the month under consideration due to
changes in rates for local materials other than cement, steel, POL, ELECTRICAL
MACHINERY, EQUIPMENT & BATTERIES.
Mo = The Monthly Wholesale Price Index for All Commodities on last stipulated date of receipt
of Bids, including extensions, if any as published by the Office of Economic Advisor to
the Government of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
Mi = The Monthly Wholesale Price Index for All Commodities for the month under
consideration as published by the Office of Economic Advisor to the Government of India,
Ministry of Commerce & Industry(website http://eaindustry.nic.in).
Pm = Percentage of local material component (other than cement, steel, POL, ELECTRICAL
MACHINERY, EQUIPMENT & BATTERIES) of the work.
Note: For the application of this sub clause, index of all commodities has been chosen to
represent Plant and Machinery.
The following percentages will govern the price adjustment for the entire O&M Component:

1. Labour – PI 70%

96
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

2. POL – Pf 05%
3. Other Materials–Pm 25%
Total 100%

97
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 18
(INSURANCE)

18.1 Insurance for Works and Maintenance

18.1.1 The Contractor shall effect and maintain at its own cost the insurances specified in
Schedule-K and as per the requirements under the Applicable Laws.

18.1.2 Subject to the provisions of Clause 19.6, the Authority 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 of this Article 18 or cannot be
recovered from the insurers.

18.1.3 Subject to the exceptions specified in Clause 18.1.4 below, the Contractor shall, save and
except as provided for in this Agreement, fully indemnify, hold harmless and defend the
Authority 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;

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.

18.1.4 Notwithstanding anything stated above in Clause 18.1.3, the Authority 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 Authority;

(b) 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

(c) the death of or injury to persons or loss of or damage to property resulting from any
act or neglect of the Authority, 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 Authority shall be liable to indemnify the Contractor from
and against any and all losses, damages, costs, charges, proceedings and/or claimsto the
extent as may be proportionately determined to be the liability of the Authority, its servants
or agents or other contractors not associated with the Contractor in such injuryor damage.

18.1.5 Without prejudice to the obligations of the Parties as specified under Clauses 18.1.3 and
18.1.4, the Contractor shall maintain or effect such third party insurances as may be
required under the Applicable Laws.

98
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

18.1.6 The Contractor shall provide to the Authority, within 30 (Thirty) 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.

18.2 Notice to the Authority

No later than 15 (fifteen) days after the date of this Agreement, the Contractor shall by
notice furnish to the Authority, in reasonable detail, information in respect of the
insurances that it proposes to effect and maintain in accordance with this Article 18. Within
15 (fifteen) days of receipt of such notice, the Authority 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.

18.3 Evidence of Insurance Cover

18.3.1 All insurances obtained by the Contractor in accordance with this Article 18 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 Authority notarised
true copies of the certificate(s) of insurance, copies of insurance policies and premia
payment receipts in respect of such insurance, and no such insurance shall be cancelled,
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 Authority. The Contractor shall act in accordance with the
directions of the Authority. Provided that the Contractor shall produce to the Authority the
insurance policies in force and the receipts for payment of the current premia.

18.3.2 The Contractor shall ensure the adequacy of the insurances at all times in accordancewith
the provisions of this Agreement.

18.4 Remedy for failure to insure

If the Contractor shall fail to effect and keep in force all insurances for which it is
responsible pursuant hereto, the Authority shall have the option to either keep in force any
such insurances, and pay such premia 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.

18.5 Waiver of subrogation

All insurance policies in respect of the insurance obtained by the Contractor pursuant to
this Article 18 shall include a waiver of any and all rights of subrogation or recovery of the
insurers thereunder against, inter alia, the Authority, 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.

99
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

18.6 Contractor's waiver

The Contractor hereby further releases, assigns and waives any and all rights of
subrogation or recovery against, inter alia, the Authority 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.

18.7 Cross liabilities

Any such insurance maintained or effected in pursuance of this Article 18 shall include a
cross liability clause such that the insurance shall apply to the Contractor and to the
Authority as separately insured.

18.8 Accident or injury to workmen

Notwithstanding anything stated in this Agreement, it is hereby expressly agreed between
the Parties that the Authority 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 Authority, its agents or servants. The Contractor shall indemnify
and keep indemnified the Authority 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 Authority shall be liable.
18.9 Insurance against accident to workmen
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 from and against any liability incurred in pursuance of this Article 18.Provided that
for the purposes of this Clause 18.9, 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 18.9 shall be dischargedif the Sub-
contractor shall have insured against any liability in respect of such persons in such manner
that the Authority is indemnified under the policy. The Contractor shall require such Sub-
contractor to produce before the Authority, 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 Authority.
18.10 Application of insurance proceeds
The proceeds from all insurance claims, except for life and injury, shall be applied forany
necessary repair, reconstruction, reinstatement, replacement, improvement, delivery or
installation of the Project 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.
18.11 Compliance with policy conditions
The contractor hereby expressly agrees to fully indemnify the Authority from and against
all losses and claims arising from its failure to comply with conditions imposed by the
insurance policies affected in accordance with this Agreement.

100
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part - V

Force Majeure and Termination

101
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 19
(FORCE MAJEURE)

19.1 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 19.2, 19.3 and 19.4 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.

19.2 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
ionizing 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 19.3;

(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 authority
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 Authority or (v) breach of its obligations by the contractor under its
sub-contracts;

(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
(f) any event or circumstances of a nature analogous to any of the foregoing.

102
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

19.3 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;

(e) any Indirect Political Event that causes a Non-Political Event; or

(f) any event or circumstances of a nature analogous to any of the foregoing.

19.4 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 17.13;

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 unauthorised or without jurisdiction revocation of, or refusal to renew or

grant without valid cause, any clearance, license, permit, authorisation, 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, authorisation, 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; or

(e) any event or circumstances of a nature analogous to any of the foregoing.

103
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

19.5 Duty to report Force Majeure Event

19.5.1 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 19 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.

19.5.2 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 theAffected
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.

19.5.3 For so long as the Affected Party continues to claim to be materially 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 19.5.1, and such other information as the
other Party may reasonably request the Affected Party to provide.

19.6 Effect of Force Majeure Event on the Agreement

d. Upon the occurrence of any Force Majeure;

(i) prior to the Appointed Date, both Parties shall bear their respective Majeure costs.

(ii) 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:

(i) 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;
(ii) upon occurrence of an Indirect Political Event, all Force Majeure Costs attributable to
such Indirect Political Event, and not exceeding the Insurance Covers for such Indirect
Political Event, shall be borne by the Contractor.
(iii) upon occurrence of a Political Event, no Force Majeure costs attributable to such
Political Event shall be reimbursed by the Authority to the Contractor.

104
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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, ifany, of the
Contractor.

19.6.2. Save and except as expressly provided in this Article 19, 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.

19.6.3 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 as may be determined by the Authority’s
Engineer.

19.7 Termination Notice for Force Majeure Event

19.7.1 If a Force Majeure Event subsists for a period of 90 (Ninety) days or more within acontinuous
period of 120 (one hundred and twenty) days, except any situation arising due to Pandemic
COVID-19, 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 19, 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.

19.8 Termination Payment for Force Majeure Event

19.8.1 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 21.5.

19.8.2 If Termination is on account of an Indirect Political Event, the Termination Payment

shall include:
(a) Any sums due and payable under Clause 21.5; and
(b) The reasonable cost, as determined by the Authority’s Engineer, of the Plant and
Materials procured by the Contractor and transferred to the Authority for use in
Construction or Maintenance, only if such Plant and Materials are in conformity with
the Specifications and Standards;
19.8.3 If Termination is on account of a Political Event, the Authority shall make aTermination
Payment to the Contractor in an amount that would be payable under Clause 21.6.2
as if it were an Authority Default.

19.9 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.
105
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

19.10 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.

106
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 20
(SUSPENSION OF CONTRACTOR'S RIGHTS)

20.1 Suspension upon Contractor Default

Upon occurrence of a Contractor Default, the Authority 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 Authority to the Contractor
and may extend up to a period not exceeding 90 (ninety) days from the date of issue of such
notice.

20.2 Authority 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 Authority 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 Authority for all costs incurred during such period. The Contractor hereby
licenses and sub-licenses respectively, the Authority or any other person authorized by it under
Clause 20.1 to use during Suspension, all Intellectual Property belonging to or licensed to the
Contractor with respect to the Project and its design, engineering, construction and
maintenance, and which is used or created by the Contractor inperforming its obligations under
the Agreement.
20.3 Revocation of Suspension
20.3.1 In the event that the Authority 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 Authority may, in its discretion, revoke
the Suspension at any time, whether or not the cause of Suspension has been rectified or
removed hereunder.
20.3.2 Upon the Contractor having cured the Contractor Default within a period not exceeding 60
(sixty) days from the date of Suspension, the Authority shall revoke the Suspension forthwith
and restore all rights of the Contractor under this Agreement.
20.4 Termination
20.4.1 At any time during the period of Suspension under this Article 20, the Contractor may by
notice require the Authority to revoke the Suspension and issue a Termination Notice. The
Authority shall, within 15 (fifteen) days of receipt of such notice, terminate this Agreement
under and in accordance with Article 21 as if it is a Contractor Default under Clause 21.1.
20.4.2 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 terminatedby
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 Authority
upon occurrence of a Contractor Default.

107
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 21

TERMINATION

21.1 Termination for Contractor Default

21.1.1 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 Authority 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) after 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 latest outstanding Project Milestone due in
accordance with the provisions of Schedule-F, subject to any Time Extension, and
continues to be in default for 45 (forty five) days;

(d) the Contractor abandons or manifests intention to abandon the construction or

Maintenance of the Project without the prior written consent of the Authority;

(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 program and such stoppage has not been authorised
by the Authority’s Engineer;

(f) the Project Completion Date does not occur within the period specified in Schedule-F
for the Scheduled Completion Date, or any extension thereof;

(g) failure to complete the Punch List items within the periods stipulated therefore in Clause
12.3;

(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 Authority’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
Authority;

(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;
108
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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 Authority, 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 false or the Contractor is at any time hereafter found to be in
breach or non- compliance thereof;

(p) the Contractor submits to the Authority any statement, notice or other document, in
written or electronic form, which has a material effect on the Authority'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;

(r) the Contractor has failed to make any payment to the Authority within the period
specified in this Agreement;

(s) the Contractor issues a Termination Notice in violation of this Agreement;

(t) 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
Authority; or

(u) gives or offers to give (directly or indirectly) to any person any bribe, gift, gratuity,
commission or other thing of value as an inducement or reward:-

(i) for doing or forbearing to do any action in relation to the contract;

(ii) for showing or forbearing to show favour or disfavour to any person to any
person in relation to the Contract; or
109
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(iii) if any of the Contractor’s personnel, agents or subcontractors gives or offers to

give (directly or indirectly) to any person any such inducement or reward as is
described in this sub-paragraph (s). However, lawful inducement and rewards to
Contractor’s Personnel shall not entitle termination.

21.1.2 Without prejudice to any other rights or remedies which the Authority may have under this
Agreement, upon occurrence of a Contractor Default, the Authority shall be entitled to
terminate this Agreement by issuing a Termination Notice to the Contractor; provided that
before issuing the Termination Notice, the Authority 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.

21.1.3 The following shall apply in respect of cure of any of the Contractor’s Defaults under and/or
breaches of the Agreement;

(a) The Cure Period shall commence from the date of the notice by the Authority to the
Contractor asking the latter to cure the breach or default specified in such notice;

(b) The Cure Period provided in the Agreement shall not relieve the Contractor fromliability
for Damages caused by its breach or default;

(c) The Cure Period shall not in any way by extended by any period of suspension under the
Agreement;

(d) If the cure of any breach by the Contractor requires any reasonable action by the
Contractor which must be approved by the Authority hereunder, the applicable Cure
Period shall be extended by the period taken by the Authority to accord its required
approval.

21.1.4 After termination of this Agreement for Contractor Default, the Authority may complete the
Works and/or arrange for any other entities to do so. The Authority and these entities may then
use any Materials, Plant and equipment, Contractor's documents and other designdocuments
made by or on behalf of the Contractor.

21.2 Termination for Authority Default

21.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority
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 Authority shall be deemed to be indefault of
this Agreement (the "Authority 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 Authority 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) Deleted

110
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(c) the Authority 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;

(d) the Authority becomes bankrupt or insolvent, goes into liquidation, has a receiving or
administration order made against him, compounds with its creditors or carries on
business under a receiver, trustee or manager for the benefit of its creditors, or if any
act is done or event occurs which (under Applicable laws) has a similar effect;
However, in case the State Govt. or any other Govt. agency takes over the liabilities
and right of the Authority under this Agreement, this default shall be considered as
cured and the Contractor shall not be entitled to terminate the Contract.

(e) the Authority repudiates this Agreement or otherwise takes any action that amounts to
or manifests an irrevocable intention not to be bound by this Agreement;

(f) Deleted.

(g) Deleted.

21.2.2. Without prejudice to any other right or remedy which the Contractor may have under this
Agreement, upon occurrence of an Authority Default, the Contractor shall be entitled to
terminate this Agreement by issuing a Termination Notice to the Authority; provided that
before issuing the Termination Notice, the Contractor shall by a notice inform the Authority
of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority 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.

If on the consideration of the Authority's Representation or otherwise, the Contractor does

not issue the Termination Notice on such 15th (fifteenth) day and prefers to continue with the
Project, it is deemed that the cause of action of the Termination Notice has been condoned
by the Contractor and in such an event, the Contractor would be deemed to have waived off
the claims accrued or to be accrued to the contractor on this account and its right to any other
remedy on that count or in relation to such action or omission would be deemed to have
forfeited.

21.3 Termination for Authority's convenience

Notwithstanding anything stated hereinabove, the Authority may terminate this Agreement for
convenience. The termination shall take effect 30 (thirty) days from the date of notice here
under.

21.4 Requirements after Termination

Upon Termination of this Agreement in accordance with the terms of this Article 21, the
Contractor shall comply with and conform to the following:

(a) deliver to the Authority all Plants and Materials which shall have vested in the
Authority being a part of the executed work;

111
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(b) deliver all relevant records, reports, Intellectual Property and other licences 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.

21.5 Valuation of Unpaid Works

21.5.1 Within a period of 45 (forty-five) days after Termination under Clause 21.1, 21.2 or 21.3, as
the case may be, has taken effect, the Authority’s Engineer shall proceed in accordance with
Clause 16.5 to determine as follows the valuation of unpaid Works (the "Valuation of Unpaid
Works"):

(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.

21.5.2 The Valuation of Unpaid Works shall be communicated to the Authority, with a copy to the
Contractor, within a period of 30 (thirty) days from the date of Termination.

21.6 Termination Payment

21.6.1 Upon Termination on account of Contractor's Default under Clause 21.1, the Authority 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, claimthe
amount stipulated in Clause 7.1, as agreed pre-determined Damages/ compensation to
the Authority 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, and deducting all taxes due to be deducted at source, in accordance
with the provisions of this Agreement.
21.6.2 Upon Termination on account of an Authority Default under Clause 21.2 orfor
Authority's convenience under Clause 21.3, the Authority shall:

112
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

a) return the Performance Security Retention Money forthwith;

b) encash and appropriate the bank guarantee, if any, for and in respect of the outstanding
Advance Payment, including interest thereon; and

c) pay to the Contractor, by way of Termination Payment, an amount equal to Valuation

of Unpaid Works 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.

21.6.3 Termination Payment shall become due and payable to the Contractor within 56 (Fifty Six)
days after the Valuation of Unpaid Works has been communicated by the Authority’s
Engineer on demand being made by the Contractor to the Authority with the necessary
particulars. For the avoidance of doubt, it is expressly agreed that Termination Payment shall
constitute full discharge by the Authority of its payment obligations in respect thereof
hereunder.

21.6.4 The Contractor expressly agrees that Termination Payment under this Article 21 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 underany law, treaty,
convention, contract or otherwise.

21.6.5 In case the work is left by the contractor in between the contract period/ extended period, the
Authority has full right to forfeit his performance guarantee and his all other due payments.
The Authority shall be entitled to recover from the contractor the extra cost @ 10% of the
balance work as lump sum risk and cost amount and shall be recovered from security deposit
and any other payment due to the contractor in addition to the above, if any, for completing
the works after allowing for any sum due to the Contractor under Clause 21.6.

21.7 Other rights and obligations of the Parties

Upon Termination for any reason whatsoever

(a) Without prejudice to Clause 21.6, property and ownership in all Materials, Plant and
Works and the Project shall, as between the Contractor and the Authority, vest in the
Authority in whole; free from any and all encumbrances.

(b) risk of loss or damage to any Materials, Plant or Works vested in the Authority and
the care and custody thereof shall pass from the Contractor to the Authority; and

(c) the Authority 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 the purpose of taking away such materials, stores, implements,
construction plant and equipment of the contractor which have not been vested in the
Authority in accordance with the provisions of this Agreement.

21.8 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
113
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

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.

21.9Foreclosure with mutual consent

(i) Without prejudice to any provision of this Agreement, the Authority and the Contractor may
foreclose this Agreement by mutual consent in circumstances which does not constituteeither
party's default without any liability or consequential future liability for either Party.

(ii) Should a Party intend to foreclose this Agreement by mutual consent, the intending Party shall
issue a notice to the other Party and upon issuance of such notice, the other Party may within
15 (fifteen) days from receipt of such notice either agree to such foreclosure or raise
objection(s) to the same by intimating either of the two possible positions to the intending Party
in writing.

(iii) In case of the other Party agreeing to the proposed foreclosure, the Parties may negotiate the
proposed foreclosure and sign a Supplementary Agreement for foreclosure to the mainContract
Agreement within 30 (thirty) days of the date agreeing by both Parties. Foreclosure shall not
come into effect unless and otherwise Supplementary Agreement is signed. The underline
principle for claim, if any, due to the contractor does not include any payment of compensation
or otherwise whatsoever, on account of any profit or advantage which hemight have
derived from the execution of the Works in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Works.

(iv) Any attempt or endeavor for foreclosure by mutual agreement shall be without prejudice to the
rights and obligations of the Parties herein and the factum of such an attempt or exercise shall
not stop either of the Parties from discharging their contractual obligations under this
Agreement.

(v) For the avoidance of doubt, it is clarified that such foreclosure will be without prejudice to
the Contractor and shall not affect the Contractor in any way if it wishes to bid in future projects
of the Authority.

114
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part VI

Other Provisions

115
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 22
(ASSIGNMENT AND CHARGES)

22.1 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 Authority, which consent the Authority shall be entitled to
decline without assigning any reason.

22.2 Hypothecation of Materials or Plant

Notwithstanding the provisions of Clause 22.1, the Contractor may pledge or hypothecate to
its lenders, any Materials or Plant prior to their incorporation in the Works. Further, the
Contractor may, by written notice to the Authority, assign its right to receive payments under
this Agreement either absolutely or by way of charge, to any person providing financing to the
Contractor in connection with the performance of the Contractor's obligations under this
Agreement. The Contractor acknowledges that any such assignment by the Contractor shall
not relieve the Contractor from any obligations, duty or responsibility under this Agreement.

For the avoidance of doubt, all Materials and Plants shall, upon their incorporation into Works
be free from any and all encumbrances without the Authority being required to make any
payment to any person on account of any costs, compensation, expenses and charges for such
Materials, Plants and Works.

22.3 Vehicles at site

116
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 23:
(LIABILITY AND INDEMNITY)

23.1 General indemnity

23.1.1 The Contractor shall indemnify, defend, save and hold harmless the Authority and its officers,
servants, agents, Government Instrumentalities and Government owned and/or controlled
entities/enterprises, (the "Authority 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 exclusively on the
part of the Authority Indemnified Persons.

23.2 Indemnity by the Contractor

23.2.1 Without limiting the generality of Clause 23.1, the Contractor shall fully indemnify, hold
harmless and defend the Authority and the Authority 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 all taxes required to be made by the Contractor in respect of the incomeor
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.

23.2.2 Without limiting the generality of the provisions of this Article 23, the Contractor shall fully
indemnify, hold harmless and defend the Authority Indemnified Persons from and against
any and all suits, proceedings, actions, claims, demands, liabilities and damages which the
Authority 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 property, proprietary or confidentiality rights with
respect to any materials, information, design or process used by the Contractor or by theSub-
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 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 , 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 Authority a
license, at no cost to the Authority, 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 andStandards, 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.

117
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

23.3 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 Agreement (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.

23.4 Defense of claims

23.4.1 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
Agreement, the Indemnifying Party shall be entitled, at its option, to assume and control the
defence of such claim, action, suit or proceeding, liabilities, payments andobligations 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 Partyfor 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.

23.4.2 If the Indemnifying Party has exercised its rights under Clause 23.3, the Indemnified Party
shall not be entitled to settle or compromise any claim, action, suit or proceeding without the
prior written consent of the Indemnifying Party (which consent shall not be unreasonably
withheld or delayed).

23.4.3 If the Indemnifying Party exercises its rights under Clause 23.3, 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 authorised 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

118
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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 23.4.3 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.

23.5 No consequential claims

Notwithstanding anything to the contrary contained in this Article 23, 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.

23.6 Survival on Termination

The provisions of this Article 23 shall survive Termination.

119
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE-24
DISPUTE RESOLUTION
24.1 Dispute Resolution

24.1.1 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 24.2.
24.1.2 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 disputes.
24.2 Conciliation
In the event of any Dispute between the Parties, either Party may call upon the Authority’s
Engineer, or such other person as the parties may mutually agree upon (the Conciliation) 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 Authority 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
7 (seven) business days’ 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 24.1.1 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 24.3.
24.3 Arbitration
24.3.1 Any Dispute which is not resolved amicably by the Conciliation as provided in Clause 24.2
shall be finally decided by reference to arbitration by an arbitral tribunal constituted in
accordance with Clause 24.3.2. Such arbitration shall be held in accordance with the Rules of
Domestic Commercial Arbitration of Indian Council of Arbitration, or such other rules as may
be mutually agreed by the Parties, and shall be subject to the provisions of the Arbitration and
Conciliation Act, 1996. The place of such arbitration shall be Gurugram, Haryana and the
language of arbitration proceedings shall be English.
24.3.2 There shall be an arbitral tribunal comprising 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 disagreement between the two arbitrators, the appointment shall be made in
accordance with the Rules.
24.3.3 The arbitral tribunal shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Article 24 shall be final and binding on the Parties subject to
provisions of Clause 24.3.6 as from the date it is made, and the Contractor and the Authority
agree and undertake to carry out such Award without delay.
24.3.4 The Contractor and the Authority agree that an Award may be enforced against the
120
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Contractor and/or the Authority, as the case may be, and their respective assets wherever
situated.
24.3.5 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.
24.3.6 If either of the party does not accept the decision of the Tribunal, it will be free to approach
the courts for further adjudication.
24.3.7 Security against claims
It is also a term of this contract agreement that where the party invoking arbitration is the
contractor, no reference for arbitration shall be maintainable unless the contractor furnishes
to the satisfaction of the SM/AGM/DGM(Engg.)/Addl GM(Engg.), in security deposit of a
sum determined according to details given below and the sum so deposited shall, on the
termination of the arbitration proceedings, be adjusted again the cost, if any, awarded by the
arbitrator against the claimant party and the balance remaining after such adjustment in the
absence of any such cost being awarded, the whole of the sum will be refunded to him within
one month from the date of the award:

AMOUNTS OF CLAIMS RATE OF SECURITY DEPOSIT

(i) For claims below Rs. 10,00,000/- 2% of amount claimed.
(ii) For claims above Rs. 10,00,000/- & below Rs.1,00,00,000/- 5% of amount claimed.
(iii) For claims of Rs. 1,00,00,000/- & above 10% of amount claimed.

The stamp fee due on the award shall be payable by the Party as desired by the arbitrator and
in the event of such party’s default the stamp fee shall be recoverable from any other sum
due to such Party under this or any other contract.

24.4 Arbitration Fee : Fee of the Arbitration shall be decided in accordance with the provisions of
the Arbitration and Conciliation Act, 1996 or as per mutual understanding and shall be shared
equally by the Authority and the contractor.
24.5 Jurisdiction of Courts : Litigation, if any, shall be restricted to Gurugram Courts only.

121
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 25
(MISCELLANEOUS)
25.1 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and governed by the
laws of India, and the courts in Panchkula, Haryana shall have exclusive jurisdiction over
matters arising out of or relating to this Agreement.

25.2 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 transactioncontemplated 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 judgment 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 judgment that may be made or
given in connection therewith).
25.3 Delayed payments

The Parties hereto agree that payments due from one Party to the other Party under the
provisions of this Agreement shall be made within the period set forth therein, and if no such
period is specified, within 30 (thirty) days of receiving a demand along with the necessary
particulars. In the event of delay beyond such period, the Authority shall not pay any interest.

25.4 Waiver

25.4.1 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;
b. shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and
c. shall not affect the validity or enforceability of this Agreement in any manner.

122
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

25.4.2 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 there under nor time or other
indulgence granted by a Party to the other Party shall be treated or deemed as waiver ofsuch
breach or acceptance of any variation or the relinquishment of any such right hereunder.

25.5 Liability for review of Documents and Drawings

Except to the extent expressly provided in this Agreement:

a. no review, comment or approval by the Authority or the Authority’s Engineer of anyDocument

or Drawing submitted by the Contractor nor any observation or inspection of the construction
of the Project, 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 Authority shall not be liable to the Contractor by reason of any review, comment, approval,
observation or inspection referred to in Sub-clause (a) above.

25.6 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.
25.7 Survival

25.7.1 Termination shall:

a. not relieve the Contractor or the Authority, 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.

25.7.2 All obligations surviving Termination shall only survive for a period of 5 (five) yearsfollowing
the date of such Termination.

25.8 Entire Agreement

This Agreement and the Schedules 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 Proposals and bid submission, as the case may be, shall be deemed
to form part of this Agreement and treated as such.

123
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

25.9 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.

25.10 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 authority 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.

25.11 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.

25.12 Successors and assigns

This Agreement shall be binding upon, and inure to the benefit of the Parties and their
respective successors and permitted assigns.

25.13 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
Authority; provided that notices or other communications to be given to anaddress
outside Panchkula may, if they are subsequently confirmed by sending a copy thereof
by registered acknowledgment due, air mail or by courier, be sent by facsimile or e-
mail to the person as the Contractor may from time to time designateby notice to the
Authority;
Attention:
{Designation:
Address:
Fax No:
Email:}

124
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

b. in the case of the Authority, be given by facsimile or e-mail and by letter delivered by
hand and be addressed to the person named below with a copy delivered to the
Authority Representative or such other person as the Authority may from time totime
designate by notice to the Contractor; provided that if the Contractor does not have an
office in Panchkula it may send such notice by facsimile or email and by registered
acknowledgment due, air mail or by courier; and
{Designation:
Address:
Fax No:
Email:}; 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 offacsimile
or email, it shall be deemed to have been delivered on the working day following the
date of its delivery.
25.14 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.

25.15 Counterparts

This Agreement may be executed in two counterparts, each of which, when executed and
delivered, shall constitute an original of this Agreement.

25.16 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, permit to be published, or disclose any particulars of the Works
in any trade or technical paper or elsewhere without the previous consent of the Authority.

25.17 Copyright and Intellectual Property rights

25.17.1 As between the Parties, the Contractor shall retain the copyright and other intellectualproperty
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
Authority a non- terminable transferable non-exclusive royalty-free license to copy, use and
communicate the Contractor's Documents, including making and using modifications of them.
This license shall:

(a) apply throughout the actual or intended working life (whichever is longer) of the
relevant parts of the Works,

125
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

(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:
(d) entitle the State Govt. and State Govt. agencies to use such documents in their other
projects.

25.17.2 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 Authority for purposes other than those permitted under
this Clause 25.17.

25.17.3 As between the Parties, the Authority shall retain the copyright and other intellectual property
rights in this Agreement and other documents made by (or on behalf of) the Authority. 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 Authority's consent, be copied, used
or communicated to a third party by the Contractor, except as necessary for the purposes of
the contract.

25.18 Limitation of Liability

25.18.1 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.

25.18.2 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 19 and 21, 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.

126
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

ARTICLE 26
(DEFINITIONS)
26.1 Definitions

In this Agreement, the following words and expressions shall, unless repugnant to thecontext
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 17.2;

"Affected Party" shall have the meaning set forth in Clause 19.1;

"Affiliate" means, in relation to either Party, 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 powerto
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
during the subsistence of this Agreement;

"Appointed Date" means that date which is later of (i) the 30th day of the date of this
Agreement; (ii) the date on which the Contractor has delivered the Performance Security in
accordance with the provisions of Article 7; and (iii) the date on which the Authority has
provided the working front on no less than 80% (Eighty per cent) of the total land required for
the Project;
"Arbitration Act" means the Arbitration and Conciliation Act, 1996 (as amended from time
to time) and shall include modifications to or any re-enactment thereof, as in force from time
to time;

"Authority" shall mean Managing Director, Haryana State Industrial & Infrastructure
Development Corporation (HSIIDC);
"Authority Default" shall have the meaning set forth in Clause 21.2.1;

“Authority’s Engineer” means DGM/AGM (Engg.) or officer deputed by the authority.

127
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

"Authority’s Representative" means such person or persons as may be authorised in writing

by the Authority to act on its behalf under this Agreement and shall include any person or
persons having authority to exercise any rights or perform and fulfill any obligations of the
Authority under this Agreement; M.D. (HSIIDC) shall nominate the Authority Representative.
Authority will also appoint a Project Management Consultant (PMC) which may also act as
the Authority’s Representative.

"Bank" means a bank incorporated in India and having a minimum net worth of Rs. 1,000
crore (Rupees one thousand crore) or any other bank acceptable to the Authority;

"Bank Rate" means the rate of interest specified by the Reserve Bank of India from time to
time in pursuance of section 49 of the Reserve Bank of India Act, 1934 or any replacement
of such Bank Rate for the time being in effect;

"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 in response to the Request for Proposals in accordance with the provisions thereof and
“Bids” shall mean the bids submitted by any and all bidders;

"Bid Security" means the bid security provided by the Contractor to the Authority 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 judgment 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;

"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;

"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;

128
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

"Contract Price" means the amount specified in Clause 17.1.1;

"Contractor" shall have the meaning attributed thereto in the array of Parties hereinabove
as set forth in the Recitals;

"Contractor Default" shall have the meaning set forth in Clause 21.1.1;

"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 Authority or the Authority’s Engineer
hereunder, the applicable Cure Period shall be extended by the period taken by the
Authority or the Authority’s Engineer to accord their approval;

"Damages" shall have the meaning set forth in paragraph (w) of Clause 1.2.1;

"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 removal of defect or deficiency in work
as specified in Schedule-E;

"Defects Liability Period" shall have the meaning set forth in Clause 15.1.1;

"Dispute" shall have the meaning set forth in Clause 24.1.1;

"Dispute Resolution Procedure" means the procedure for resolution of Disputes set forth in Article
24;

"Drawings" means all of the drawings, calculations and documents pertaining to the Project works
as set forth in Schedule-B, and shall include 'as built' drawings of the Project works;

"Document" or "Documentation" means documentation in printed or written form, or in tapes,

discs, drawings, computer programs, 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 , including Users thereof, or which poses an immediate threat of
material damage to the Works or any of the Project Assets;

"Encumbrances" means, in relation to the Project, 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, where

129
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

applicable herein;

"EPC" means engineering, procurement and construction;

"Final Payment Certificate" shall have the meaning set forth in Clause 17.12.1;

"Final Payment Statement" shall have the meaning set forth in Clause 17.10.1;

"Force Majeure" or "Force Majeure Event" shall have the meaning ascribed to it in Clause 19.1;

“State” or "Government" means the Government of Haryana;

"Good Industry Practice" means the practices, methods, techniques, designs, standards, skills,
diligence, efficiency, reliability and prudence which are generally and reasonably expected from a
reasonably skilled and experienced contractor engaged in the same type of undertaking as envisaged
under this Agreement and which would be expected to result in the performance of its obligations by
the Contractor in accordance with this Agreement, Applicable Laws and Applicable Permits in
reliable, safe, economical and efficient manner;

"Government Instrumentality" means any department, division or subdivision of the Government

or the State Government and includes any commission, board, authority, agency or municipal and
other local authority 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
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
23;

"Indemnifying Party" means the Party obligated to indemnify the other Party pursuant to Article
23;

"Indirect Political Event" shall have the meaning set forth in Clause 19.3;

"Insurance Cover" means the aggregate of the maximum sums insured under the insurances taken
out by the Contractor pursuant to Article 18, and includes all insurances required to be taken out by
the Contractor under Clauses 18.1 and 18.9 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, programs and manuals, drawings, copyright
(including rights in computer software), database rights, semi-conductor, topography rights, utility
models, rights in know-how and other intellectual property 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
Authority’s Engineer for payment to the Contractor in respect of Contractor's claims for payment
130
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

raised in accordance with the provisions of this Agreement;

"LOA" or "Letter of Acceptance" means the letter of acceptance referred to in Recital (E);

“Manuals” shall mean the relevant manuals, specifications as per HSR, Haryana Building Code,
CPWD etc.
"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;
"Non-Political Event" shall have the meaning set forth in Clause 19.2;
"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 7.1.1;

"Plant" means the apparatus and machinery intended to form or forming part of the Works;

"Political Event" shall have the meaning set forth in Clause 19.4;

"Program" shall have the meaning set forth in Clause 10.1.3;

"Project" means the construction and maintenance of the Project during construction period 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 and rectifying of any defects in terms of this
Agreement;

"Project Assets" means all physical and other assets relating to (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, toll plaza(s), electrical
systems, communication systems, rest areas, relief centres, 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 Completion Schedule" means the progressive Project Milestones set forth in Schedule F
for completion of the Project works on or before the Scheduled Completion Date;

"Project Facilities" means all the amenities and facilities to be constructed on the Site, as described
in Schedule A.

"Project Works" means the Site forming part of the Development of Global City Project (Phase-1),
District-Gurugram (Haryana) and all Project Assets, and its subsequent development and
augmentation in accordance with this Agreement;
"Project Milestone" means the project milestone set forth in Schedule F and includes the scheduled
completion date;

131
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

"Proof Consultant" shall have the meaning set forth in Clause 10.2.2;
"Provisional Certificate" shall have the meaning set forth in Clause 12.2.1;
"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 11.2.1;
"Re.", "Rs." or "Rupees" or "Indian Rupees" means the lawful currency of the Republic of
India;

"Request for Proposals" or "RFP" shall mean the complete tender document issued by the
Authority;
"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 10.3.1;
"Scope of the Project" shall have the meaning set forth in Clause 2.1;
"Section" means a part of the Project;
"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, as set forth in Schedule B, 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 Authority;

"Stage Payment Statement" shall have the meaning set forth in Clause 17.4;

"Structures" means a building, shed etc., 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 20;

"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 Projectcharged,
levied or imposed by any Government Instrumentality, but excluding any interest, penaltiesand 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 21;

132
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

"Terms of Reference" or "TOR" shall have the meaning set forth in Clause 16.2.1;

"Tests" means the tests set forth in Schedule-G to determine the completion of Works in accordance
with the provisions of this Agreement;

"Time Extension" shall have the meaning set forth in Clause 10.4.1;

"User" means a person who uses or intends to use the Projects or any part thereof in accordance with
the provisions of this agreement;

"Valuation of Unpaid works" shall have the meaning set forth in Clause 21.5.1;

"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

"WPI" means the wholesale price index for various commodities as published by the Ministry of
Commerce and Industry, GOI and shall include any index which substitutes the WPI, and any
reference to WPI shall, unless the context otherwise requires, be construed as a reference to the WPI
published for the period ending with the preceding month.

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS

AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of

THE AUTHORITY by:

(Signature)

(Name)

(Designation)

SIGNED, SEALED AND DELIVERED

For and on behalf of

THE CONTRACTOR by:

(Signature)

(Name)

(Designation)

In the presence of:

1.
2.

133
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Part VII

Schedules

134
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Schedules

Schedule Description Remarks

Schedule A Site of the Project Given in this Section

Schedule B Development of the Project Given in this Section

Schedule C Applicable Permits Given in this Section

Schedule D Form of Bank Guarantee Given in this Section

Schedule E Contract Price Weightage Given in this Section

Schedule F Project Completion Schedule Given in this Section

Schedule G Tests on Completion Given in this Section

Schedule H Provisional Certificates Given in this Section

Schedule I Selection of Authority’s Engineer Given in this Section

Schedule J Forms for Payment Statements Given in this Section

Schedule K Insurance Given in this Section

135
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

SCHEDULE – A
(See clauses 2.1 & 8.1)

Site for the Project

1. The Site
1.1 Site of the project shall include the clear land free from any encumbrances as
described in Annexure-I of this Schedule-A.
1.2 Date of providing the site to the contractor are specified in Annexure-II of
this Schedule-A.
1.3 The details of the project are specified in Annexure-III of this Schedule-A.
1.4 The status of the environmental clearance is given in Annexure-IV of this
Schedule-A.

136
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Annexure - I
(Schedule-A)

The Site and Existing structures

1.1 THE SITE
The site of Global City Project having total area of 1003.03 Acres is to be develop in three
phases. The Global City Phase-I will be developed in 302 Ares of land out of Total 1003.03
Acres located near Garhi Harsaru in Gurgaon, just off National Highway 48 (formerly NH8)
and strategically situated in close proximity to National Capital Delhi. The Project site is
located at junction of Pataudi Road (SH26) and NPR, South East corner of NPR (Northern
Peripheral Road) and North-East of CPR (Central peripheral Road) in Gurugram and falls
within the Gurgaon-Manesar Urban Complex.
HSIIDC has decided to develop this work (the “Project”) through EPC mode of Contract.
1.2 Terrain

The Terrain is predominantly plain terrain.

1.3 Existing Structures
The existing structures are as follows:
1. Boundary Wall.
2. Storm water/Treated Effluent Drain. The re-alignment of the same is in the scope of the work.
3. 400KV, 220KV and two 66KV overhead electric transmission lines.
4. 600mm dia. MS Water Supply line of IMT-Manesar. The re-alignment of the same is in the scope
of the work.

Note :

• Diversion of existing Storm water/Treated Effluent Drain at Sr. No.2 will be required as per new
alignment and the same is in the scope of the work.
• Diversion of existing 400KV, 220KV and Two Nos. 66KV overhead transmission lines are not in
the scope of the work.
• Diversion/re-alignment of existing water supply line at Sr. No.4 will be required as per new
alignment and the same is in the scope of work.

137
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Annexure-II
(Schedule-A)

Dates for Providing Site

The Authority shall provide the physical possession of 80% (eighty percent) of the total Site to the
Contractor in respect of all land included in the Appendix within a period of 15 (fifteen) days from the
date of Agreement subject to signing of the memorandum in terms of Clause 8.2.1, and balance site
will be provided in due course of time and in the event of delay for any reason other than Force Majeure
or breach of this Agreement by the Contractor, the authority shall not be liable to pay any damages.

138
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Annexure-III
(Schedule-A)
Details of the Project
The site for Global City Project (Phase-I), Gurugram strategically located near
Garhi-Harsaru in Gurgaon, just off National Highway 48 (formerly NH8) and
strategically situated in close proximity to National Capital Delhi. The Project Site is
located at junction of Pataudi Road (SH26) and NPR, South-East corner of NPR
(Northern Peripheral Road) and North-East of CPR (Central Peripheral Road) in
Gurugram and falls within the Gurgaon-Manesar Urban Complex.
1. Layout Plan:- This layout plan has to be followed in toto. However, minor changes
if necessitated shall be made after due approval from the Authority.

139
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Annexure-IV
(Schedule-A)

Environmental Clearance

The environmental clearance of the project has been obtained vide letter no.
____________________________________ dated ___________________.

140
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

SCHEDULE – B
(See clause 2.1)

Development of the Project

1. Development of the Project (Scope of the Project including layout plan and
conceptualdrawings) : See Volume-III

2. Specifications and Standards: See Volume-IV

141
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

SCHEDULE – C
(See clause 3.1.2)

APPLICABLE PERMITS

1. Applicable Permits:
1.1 The contractor shall obtain, as required as per applicable laws, the following applicable
permits.
(a) Permission of the State government for extraction of boulders from quarry;
(b) Permission of village Panchayats 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 of
batching plants.
(f) Clearance of pollution Board for batching plants
(g) Permission of village Panchayats from State government for borrow of earth.
(h) Forest Department permits.
(i) Fire Department permits.
(j) NOC from NHAI/ Railway/ Airport authority.
(k) Approval from HVPNL for installation of electric Sub Stations and Chief
Electrical Inspector for DG installation / Grid / HT connection.
(l) Permission of Water Supply and Sewerage Board.
(m) Archeological and Defense permits or any other permits required for completion
of the project.
(n) Roof and cladding leakage test certificate.
(o) Drainage test certificate.
(p) Lux level confirmation.
(q) Lightning arrestor commissioning confirmation.
(r) Any other permits or clearances required under applicable Laws.
(s) Permits to Environmental Protection and Conservation by the Authority.

142
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

SCHEDULE - D

FORM OF BANK GUARANTEE

Annexure-I
Form of Guarantee for Performance Security
WHEREAS:

(A) …………………………………… (insert name and address of the contractor)

(hereinafter called the “Contractor") and (insert name and address of the project
authority), (hereinafter called the “Authority”) have entered into an agreement
(hereinafter called the “Agreement”) for the construction of the .................. on
Engineering, Procurement and Construction (the “EPC”) 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….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”).

(C) We, ………………….. through our branch at …………………. (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees and undertakes to pay to
the Authority upon occurrence of any failure or default in the due and faithful
performance of all or any of the Contractor’s obligations, under and in accordance with
the provisions of the Agreement during the {Construction Period/ Defects Liability
Period} on its mere first written demand, and without any demur, reservation, recourse,
contest or protest, and without any reference to the Contractor, such sum or sums up to
an aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or
for the sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of a DGM/
AGM Engg. of the Authority that the Contractor has committed default in the due and
faithful performance of all or any of its obligations under and in accordance with the
Agreement shall be conclusive, final and binding on the Bank. The Bank further agrees
that the Authority shall be the sole judge as to whether the Contractor is in default in
due and faithful performance of its obligations during and under the Agreement and its
decision that the Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason whatsoever.
143
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority
to proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the
Agreement or to extend the time or period for the compliance with, fulfillment and/ or
performance of all or any of the obligations of the Contractor contained in the
Agreement or to postpone for any time, and from time to time, any of the rights and
powers exercisable by the Authority against the Contractor, and either to enforce or
forbear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be released from
its liability and obligation under these presents by any exercise by the Authority of the
liberty with reference to the matters aforesaid or by reason of time being given to the
Contractor or any other forbearance, indulgence, act or omission on the part of the
Authority or of any other matter or thing whatsoever which under any law relating to
sureties and guarantors would but for this provision have the effect of releasing the
Bank from its liability and obligation under this Guarantee and the Bank hereby waives
all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Agreement or for the fulfillment, compliance and/or performance of all or any of the
obligations of the Contractor under the Agreement.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing
is made by the Authority on the Bank under this Guarantee all rights of the Authority
under this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities
hereunder.

8. The Guarantee shall cease to be in force and effect on [………]$ unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorised to receive such notice and to effect payment thereof forthwith, and if
144
 Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

sent by post it shall be deemed to have been given at the time when it ought to have
been delivered in due course of post and in proving such notice, when given by post, it
shall be sufficient to prove that the envelope containing the notice was posted and a
certificate signed by an officer of the Authority that the envelope was so posted shall
be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released earlier
by the Authority pursuant to the provisions of the Agreement.

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.

$ Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with
Clause 7.2 of the Agreement).

145
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Annexure – II
(Schedule - D)

Form of Guarantee for Withdrawal of Retention Money

…………………..,

…………………………..,

…………………..,

WHEREAS:

(A) …………………………………… (insert name and address of the contractor)

(hereinafter called the “Contractor") has executed an agreement (hereinafter called the
“Agreement”) with the (insert name and address of the project authority), (hereinafter
called the “Authority”) for the construction of the ……………. on Engineering,
Procurement and Construction (the “EPC”) basis, subject to and in accordance with the
provisions of the Agreement.

(B) In accordance with Clause 7.5.3 of the Agreement, the Contractor may withdraw the
retention money (hereinafter called the “Retention Money”) after furnishing to the
Authority a bank guarantee for an amount equal to the proposed withdrawal.

(C) We, ………………….. through our branch at …………………. (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the “Guarantee”) for the
amount of Rs. ……………. cr. (Rs. ………………… crore) (the “Guarantee
Amount”).

NOW, THEREFORE, the Bank hereby unconditionally and irrevocably guarantees and affirms
as follows:

1. The Bank hereby unconditionally and irrevocably undertakes to pay to the Authority,
upon its mere first written demand, and without any demur, reservation, recourse,
contest or protest, and without any reference to the Contractor, such sum or sums up to
an aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or
for the sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of a Chief
Engineer of the Authority, that the Contractor has committed default in the due and
faithful performance of all or any of its obligations for under and in accordance with
the Agreement shall be conclusive, final and binding on the Bank. The Bank further
agrees that the Authority shall be the sole judge as to whether the Contractor is in default
in due and faithful performance of its obligations during and under the Agreement and
its decision that the Contractor is in default shall be final, and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
146
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority
to proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the
Retention Money and any of the rights and powers exercisable by the Authority against
the Contractor, and either to enforce or forbear from enforcing any of the terms and
conditions contained in the Agreement and/or the securities available to the Authority,
and the Bank shall not be released from its liability and obligation under these presents
by any exercise by the Authority of the liberty with reference to the matters aforesaid
or by reason of time being given to the Contractor or any other forbearance, indulgence,
act or omission on the part of the Authority or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision
have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
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 Authority on the Bank under this Guarantee all rights of the Authority
under this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities
hereunder.

8. The Guarantee shall cease to be in force and effect 90 (ninety) days after the date of the
Completion Certificate as per Clause 12.4 of the Agreement.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorised to receive such notice and to effect payment thereof forthwith, and if
sent by post it shall be deemed to have been given at the time when it ought to have
been delivered in due course of post and in proving such notice, when given by post, it
shall be sufficient to prove that the envelope containing the notice was posted and a
certificate signed by an officer of the Authority that the envelope was so posted shall
be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force

147
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

and effect up to the date specified in paragraph 8 above or until it is released earlier by
the Authority pursuant to the provisions of the Agreement.

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.

148
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2

Annexure – III
(Schedule - D)

Form of Guarantee for Advance Payment

…………………..,…………………..,…………………..,WHEREAS:
(A) …………………………………… (insert name and address of the contractor)
(hereinafter called the “Contractor” has executed an agreement (hereinafter called the
“Agreement”) with the (insert name and address of the project authority), (hereinafter
called the “Authority”) for the construction of the …………….on Engineering,
Procurement and Construction (the “EPC”) basis, subject to and in accordance with
the provisions of the Agreement
(B) In accordance with Clause 17.2 of the Agreement, the Authority shall make anadvance
payment (the “Advance Payment”, or “Mobilization Advance”), equal to 10% (ten per
cent) of the Contract Price, for mobilization expenses and for acquisitionof equipment.
The Advance Payment shall carry simple interest at the rate of 7 % (seven per cent) per
annum and shall be made in two equal installments subject to the Contractor furnishing
an irrevocable and unconditional guarantee by a scheduled bank for an amount
equivalent to 110% (one hundred and ten per cent) of such 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. The
amount of
{first/second/third} instalment of the Advance Payment is Rs ...................... cr. (Rupees
…………………. crore) and the amount of this Guarantee is Rs ........................cr.
(Rupees ............................. crore) (the “Guarantee Amount”)$.

(C) We, ………………….. through our branch at …………………. (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the “Guarantee”) 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 Authority,
upon its mere first written demand, and without any demur, reservation, recourse,
contest or protest, and without any reference to the Contractor, such sum or sums up to
an aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or
for the sum specified therein.

A letter from the Authority, under the hand of an officer not below the rank of a Chief
Engineer of the Authority, 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 Authority
shall be the sole judge as to whether the Contractor is in default in due and faithful
performance of its obligations during and under the Agreement and its decision that the
Contractor is in default shall be final and binding on the Bank, notwithstanding any
149
Agreement for Development of Global City Project (Phase-I) at Gurugram on EPC Vol. 2
differences between the Authority and the Contractor, or any dispute between them
pending before any court, tribunal, arbitrators or any other authority or body, or by the
discharge of the Contractor for any reason whatsoever.

2. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.

3. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority
to proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.

4. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the 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 Authority against
the Contractor, and either to enforce or forbear from enforcing any of the terms and
conditions contained in the Agreement and/or the securities available to the Authority,
and the Bank shall not be released from its liability and obligation under these presents
by any exercise by the Authority of the liberty with reference to the matters aforesaid
or by reason of time being given to the Contractor or any other forbearance, indulgence,
act or omission on the part of the Authority or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision
have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.

5. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Advance Payment.

6. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing
is made by the Authority on the Bank under this Guarantee all rights of the Authority

150
 under this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities
hereunder.

7. The Guarantee shall cease to be in force and effect on ......... $ Unless a demand or claim
under this Guarantee is made in writing on or before the aforesaid date, the Bank
shall be discharged from its liabilities hereunder.

8. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of the Authority in writing, and declares and warrants that
it has the power to issue this Guarantee and the undersigned has full powers to doso on
behalf of the Bank.

9. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorised to receive such notice and to effect payment thereof forthwith, and if
sent by post it shall be deemed to have been given at the time when it ought to have
been delivered in due course of post and in proving such notice, when given by post, it
shall be sufficient to prove that the envelope containing the notice was posted and a
certificate signed by an officer of the Authority that the envelope was so posted shall
be conclusive.

10. This Guarantee shall come into force with immediate effect and shall remain in force
and effect up to the date specified in paragraph 8 above or until it is released earlier
by the Authority pursuant to the provisions of the Agreement.

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.

$ The Guarantee Amount should be equivalent to 110% of the value of the applicable installment.

$ Insert a date being 90 (ninety) days after the end of one year from the date of payment of the
Advance payment to the Contractor.

151
 SCHEDULE – E
(See Clauses 10.1.4 and 17.1)
CONTRACT PRICE WEIGHTAGES

1.1 The Contract Price of this Agreement is Rs. (i.e. without GST) plus GST @ 18%
amounting to Rs. thereby totalling to Rs. .

1.2 Proportions for the contract price for different Components:-

Annexure-I (Contract Price Weightage)

S. No. Item % of weightage in the Contract

price
1. Investigation, planning, designing, preparation of GFC drawings 1%
and obtaining required approvals of drawings from IIT/ NIT/ for
entire scope of works from the concerned authorities/
departments.
2 Road Works 8%
3. Landscape Works 3.5%
4. Potable & Recycled Water Supply system 10%
5. Sewage conveyance systemworks 1.5%
6. Drainage & RWH System 4%
7. Firefighting system 5%
8. Utility tunnel with all allied works 55 %
9. Electrical (33 KV Switching Sub-stations & Street Lighting 12 %
Works
1.3 Proportions for payment for different stages of construction of project

152
 Annexure-II (Payment Schedule)

Stage wise price schedule in % age of terms for Infrastructure works as per clause 2.38.1 is as
under:

1.3.1 Weightages

1.3.1.1 The Contractor shall submit the further sub-billing breakup to schedule 11 for the purpose of making Payment
after award of contract and get it approved by the Authority.

1.3.1.2 Proportions of the Contract Price for different stages of Construction of the Truck Infrastructure Road and
Utilities/Services, and all other works shall be as specified below;

% of
weightage Breakup of
S.No. Item in the Stage for payment payable
Contract percentage
price
Data, Drawings and analysis of Surveys &
10%
Investigations
Designs, Drawings and reports of water supply
network including Rising Mains and Property 10%
Connections
Designs, Drawings and reports of recycled water
supply network including Rising Mains and 5%
Investigation, Property Connections
planning, Designs, Drawings and reports of UG Service
designing, Reservoirs for water supply along with allied 5%
preparation of works
GFC drawings Designs, Drawings and reports of sewage
and obtaining collection network including pumping mains and 5%
property connections
required
approvals/ Designs, Drawings and reports of landscaping
1 1% 10%
works
vetting of
drawings from Designs, Drawings and reports of Storm water
drainage network including bridges, Structures, 10%
IIT/ NIT/ for
RWH and rerouting of nala
entire scope of Designs, Drawings and reports of Utility Tunnel
works from the for optical fibre cable network, power supply
concerned 10%
network and other networks including structures
authorities/ and accessories etc.
departments. Designs, Drawings and reports of roads, CD
15%
structures and road structures
Designs, Drawings and reports of electrical and
5%
street lighting works
Designs, Drawings and reports of miscellaneous
5%
Works including project facilities
As built Drawings 5%
3-D model of all Project components 5%
Site clearance, grading and initial activities
4%
including Earthwork up to top of the sub- grade
Granular work (sub-base, base, shoulders) 42%
2 Road Works 8% Bituminous Works 42%
Kerbs, Footways, paved areas and gully grating 7%
Traffic signs, markings and appurtenances, traffic
5%
signals and Bus Stops etc.
153
 % of
weightage Breakup of
S.No. Item in the Stage for payment payable
Contract percentage
price
Site Grading, Excavation and trenching 7%
Services Installation (Drainage, Irrigation &
10%
Electricals etc.
Fine Grading 2%
Hardscape Structure Construction (backfilling,
compaction, base, footings, walls, buildings, 18%
3 Landscape Works 3.5% edges, etc)
Hardscape Finishes Construction(paving,
30%
cladding, inorganic mulches)
Planting (trees, plants, shrubs, organic mulch) 10%
Final Fixtures (furniture, pavilions, lighting, etc.) 10%
Defects (identity and fix problems) 3%
Completion (Initial and Final) and finishing work 10%
Supplying, Laying, erection, joining, testing &
commissioning of the pumping/rising mains with
5%
specials including earthwork for cutting, filling,
disposal of the surplus earth complete
Supplying, Laying, erection, joining, testing &
commissioning of the distribution mains with
15%
specials including earthwork for cutting, filling,
disposal of the surplus earth complete
Construction of Pump House and Supplying,
Laying, erection, testing & commissioning of
10%
pumps in the pump house and joining of the
Pumping/Rising mains with specials complete
Potable &
Construction of required number of of UGR/MBR
4 recycled Water 10%
including compound wall and Main Gate etc. 40%
Supply System
complete in all respect
Supplying, Laying, erection, joining, testing &
commissioning of water meters with SCADA
5%
compatibility for Plot level Water service
connections with complete work
Supplying and providing of Related Electrical
Items, instruments, PLC & SCADA software and
5%
hardware for the water meters, flow meters,
pumps, valves etc. complete.
Hydrotesting and commissioning of complete
system including pipe network, valves, 20%
UGR/MBR, meters, connection etc.
Supplying, Laying, erection, joining of the HDPE
pipes/ RCC NP3 pipes as called in specification
40%
including earthwork for cutting, filling, disposal of
Sewage the surplus earth and also provision for bedding
5 conveyance 1.5% Manholes including Drop manholes if any 30%
works Supplying, Laying, jointing, erection of chambers,
15%
property connections to sewerage system
Testing and commission of complete system
15%
including pipe network, connection etc.
Construction of RCC Rectangular drainage
50%
system.
Laying of RCC NP2 pipes, Gratings and Allied
works, Weep Holes, Outfalls structure, sumpwell,
Drainage & 10%
6 4% pumping arrangements for ultimate disposal, road
RWH System
crossings, complete in all respect.
Construction of Recharge pit for rain water
harvesting, Concrete lining on existing channel, 15%
Construction of check dams
154
 % of
weightage Breakup of
S.No. Item in the Stage for payment payable
Contract percentage
price
Dismantling & reconstruction of existing nalla &
15%
water Rising main from IMT Manesar
Testing and commissioning of complete system
10%
including pipes, connections etc.
Fire Fighting Hydraulic calculation (Sprinkler,
Hydrant System & Water Curtain System) 3%
Approval.
Supplying, installation, fixing, testing &
commissioning of Firefighting pumps, piping, 3%
valves and all accessories.
Supplying, installation and fixing of Hydrant
System including piping and all required 20%
accessories.
Supplying, installation and fixing of sprinklers
30%
including piping and all required accessories.
7 Firefighting 5% Supplying, installation and fixing of Water curtain
system including piping and all required 10%
accessories.
Supplying, installation and fixing of Seismic
10%
support system with all accessories.
Supplying, installation and fixing of Fire
4%
Extinguishers.
Supplying, installation and fixing of Electrical fire
5%
control panel with all required accessories.
Final Testing & commissioning of Complete Fire
10%
Fighting System.
NOC from fire department 5%
Earth Work & Excavation (Tunnel, Stair Well &
5%
RMU Unit)
Timbering, Centering & Shuttering Works
10%
(Tunnel, Stair Well & RMU Unit)
PCC, RCC & Plastering Works (Tunnel, Stair
23%
8 Utility tunnel 55% Well & RMU Unit)
Reinforcement & Structural Steel (Tunnel, Stair
45%
Well & RMU Unit)
Miscellaneous works (Blower, Water Proofing,
Internal wiring & lighting, MEP works, Railing, 12%
Doors, Mesh, Canopy and Drainage)
Final Completion and finishing with all allied
5%
works
Approval of Basic Engineering of Complete
2%
system
Supply and erection of 33 kV Switching station
with all required accessories including civil 10%
works.
Supply and erection of Ring Main Units,
Compact Substations, LT Switchgear, Earthing
25%
Electrical (33 KV System, DG sets etc. including all required
Switching Sub- accessories.
9 12%
stations & Street Supply and erection of HT/LT power and
Lighting Works control cables, Cable trays, Fire Detection System
35%
and Earthing System including all required
accessories inside/outside of utility tunnel.
Supply and erection of Street Lighting Works
Including MLDB, feeder pillars, lighting poles,
lighting fixtures, cables/wires, earthing system 18%
and RCC/DWC HDPE pipes including all
required accessories. 155
 % of
weightage Breakup of
S.No. Item in the Stage for payment payable
Contract percentage
price
Testing and Commissioning of Complete system
10%
in totality

1.3.2 Procedure of Estimating the Value of Work Done

1.3.2.1 Procedure of Estimating the Value of Road Work Done

Procedure for estimating the value of road work done shall be as follows;
% of weightage Payment Procedure
Stage of Payment
Road Works
a. Site clearance and initial activities including 4% Unit of measurement is linear
Earthwork up to top of the sub- grade length. Payment of each stage shall
b. Granular work (sub-base, base, shoulders) 42% be made on pro rata basis on
completion of a stagein a length of
c. Bituminous Works 42% not less than 10% of the total
d. Kerbs Footways and paved areas 7% length.

e. Traffic signs, markings and appurtenances, traffic 5%

signals and Bus Stops etc.

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)

=P x 8% x 44% x (1/L)

Where,

P= Contract Price
L = Total length of Bituminous work in km

Notes:
i) The above calculation is given as an example. The unit of measurement may change from L (length) to area
(sqm), volume or numbers depending on the appropriate unit of measurement as determined by the engineer-in-
charge
ii) wherever required, engineer-in-charge may also certify the part payment of each activity involved as per actual
work executed at site.

1.3.2.2 Procedure for estimating the value of Landscape Works including out fall Works done shall be as follows:
% of weightage Payment Procedure
Stage of Payment
Landscape Work
a. Demolition, Site Grading, Excavation and Payment shall be made on
7% completion of a stage on pro rata
trenching
basis as per approved drawing
b. Services Installation (Drainage, Irrigation & Payment shall be made on
10% completion of a stage on pro rata
Electricals etc.
basis as per approved drawing
Payment shall be made on
c. Fine Grading 2% completion of a stage on pro rata
basis as per approved drawing
156
 d. Hardscape Structure Construction (backfilling, Payment shall be made on full
compaction, base, footings, walls, buildings, edges, 18% completion as per approved
etc) drawing. No stage payment
e. Hardscape Finishes Construction(paving, cladding, Payment shall be made on
30% completion of a stage on pro rata
inorganic mulches)
basis as per approved drawing
Payment shall be made on
f. Planting (trees, plants, organic mulch) 10% completion of a stage on pro rata
basis as per approved drawing
Payment shall be made on
g. Final Fixtures (furniture, pavilions, lighting, etc.) 10% completion of a stage on pro rata
basis as per approved drawing
h. Defects (identity and fix problems) 3% Payment shall be made on full
completion. No stage payment
i. Completion (Initial and Final) and finishing work 10% Payment shall be made on full
completion. No stage payment

1.3.2.3 Procedure for estimating the value of Potable & Recycled water supply network & Under Ground service Reservoirs Works
done shall be as follows:
% of weightage Payment Procedure
Stage of Payment
Potable & Recycled Water supply
a. Supplying, Laying, erection, joining, testing & Payment shall be made on
commissioning of the pumping/rising mains with completion of a stage on pro rata
5% basis as per approved drawing
specials including earthwork for cutting, filling,
disposal of the surplus earth complete
b. Supplying, Laying, erection, joining, testing & Payment shall be made on
commissioning of the distribution mains with completion of a stage on pro rata
15%
specials including earthwork for cutting, filling, basis as per approved drawing
disposal of the surplus earth complete
c. Construction of Pump House and Supplying, Payment shall be made on
Laying, erection, testing & commissioning of completion of a stage on pro rata
10%
pumps in the pump house and joining of the basis as per approved drawing
Pumping/Rising mains with specials complete
d. Construction of required number of of UGR/MBR Payment shall be made on
including compound wall and Main Gate etc. 40% completion of a stage on pro rata
complete in all respect basis as per approved drawing
e. Supplying, Laying, erection, joining, testing & Payment shall be made on
commissioning of water meters with SCADA completion of a stage on pro rata
5%
compatibility for Plot level Water service basis as per approved drawing
connections with complete work
f. Supplying and providing of Related Electrical Payment shall be made on full
Items, instruments, PLC & SCADA software and completion. No stage payment
5%
hardware for the water meters, flow meters, pumps,
valves etc. complete.
g. Hydrotesting and commissioning of complete Payment shall be made on full
system including pipe network, valves, UGR/MBR, 20% completion. No stage payment
meters, connection etc.

1.3.2.4 Procedure for estimating the value of Domestic/Residential sewage collection network Works done shall be as follows:

157
 % of weightage Payment Procedure
Stage of Payment
Domestic/Residential Sewage Collection Network
a. Supplying, Laying, erection, joining of the HDPE 40% Payment shall be made on
pipes/ RCC NP3 pipes as called in specification completion of a stage on pro rata
including earthwork for cutting, filling, disposal of basis as per approved drawing
the surplus earth and also provision for bedding

b. Manholes including Drop manholes if any 30% Payment shall be made on

completion of a stage on pro rata
basis as per approved drawing
c. Supplying, Laying, jointing, erection of 15% Payment shall be made on
chambers, property connections to sewerage completion of a stage on pro rata
system basis as per approved drawing
d. Testing and commission of complete system 15% Payment shall be made on full
including pipe network, connection etc. completion. No stage payment

1.3.2.5 Procedure for estimating the value of Storm water drain Works including out fall Works done shall be as follows:

% of weightage Payment Procedure

Stage of Payment
Storm Water Drains
Payment shall be made on
a. Construction of RCC Rectangular drain channel. 50% completion of a stage on pro rata
basis as per approved drawing
b. Laying of RCC NP2 pipes, Gratings and Allied Payment shall be made on
works, Weep Holes, Outfalls structure, sumpwell, completion of a stage on pro rata
10%
pumping arrangements, road crossings, complete in basis as per approved drawing
all respect.
c. Construction of Recharge pit for rain water Payment shall be made on
harvesting, Concrete lining on existing channel, 15% completion of a stage on pro rata
Construction of check dams basis as per approved drawing
Payment shall be made on full
d. Dismantling & reconstruction of existing nalla & completion as per approved
15%
water Rising main from IMT Manesar drawing. No stage payment
Payment shall be made on full
e. Testing and commissioning of complete system completion. No stage payment
10%
including pipes, connections etc.

1.3.2.6 Procedure for estimating the value of Firefighting Works done shall be as stated below:
% of weightage Payment Procedure
Stage of Payment
Firefighting Works

a. Fire Fighting Hydraulic calculation (Sprinkler, Payment shall be made on

Hydrant System & Water Curtain System) 3% completion of a stage on pro rata
Approval. basis as per approved drawing

158
 % of weightage Payment Procedure
Stage of Payment
Firefighting Works
b. Supplying, installation, fixing, testing & Payment shall be made on
commissioning of Firefighting pumps, piping, 3% completion of a stage on pro rata
valves and all accessories. basis as per approved drawing
c. Supplying, installation, testing & commissioning Payment shall be made on
of Hydrant System including piping and all 20% completion of a stage on pro rata
required accessories. basis as per approved drawing
d. Supplying, installation, testing & commissioning Payment shall be made on
of sprinklers including piping and all required 30% completion of a stage on pro rata
accessories. basis as per approved drawing
e. Supplying, installation, testing & commissioning Payment shall be made on
of Water curtain system including piping and all 10% completion of a stage on pro rata
required accessories. basis as per approved drawing
Payment shall be made on
f. Supplying, installation, testing & commissioning
10% completion of a stage on pro rata
of Seismic support system with all accessories.
basis as per approved drawing
Payment shall be made on
g. Supplying, installation, fixing, testing &
4% completion of a stage on pro rata
commissioning of Fire Extinguishers.
basis as per approved drawing
h. Supplying, installation, fixing, testing & Payment shall be made on
commissioning of Electrical fire control panel 5% completion of a stage on pro rata
with all required accessories. basis as per approved drawing

i. Final Testing & commissioning of Complete Fire Payment shall be made on full
10%
Fighting System. completion. No stage payment

Payment shall be made on full

j. NOC from fire department 5%
completion. No stage payment

1.3.2.7 Procedure for estimating the value of RCC Utility Tunnel Work done shall be as stated below:
% of weightage Payment Procedure
Stage of Payment
Utility Tunnel
a. Earth Work & Excavation (Tunnel, Stair Well & 5% Payment shall be made on
RMU Unit) completion of a stage on pro rata
basis as per approved drawing
b. Timbering, Centering & Shuttering Works 10% Payment shall be made on
(Tunnel, Stair Well & RMU Unit) completion of a stage on pro rata
basis as per approved drawing
c. PCC, RCC & Plastering Works (Tunnel, Stair 23% Payment shall be made on
Well & RMU Unit) completion of a stage on pro rata
basis as per approved drawing
d. Reinforcement & Structural Steel (Tunnel, Stair 45% Payment shall be made on
Well & RMU Unit) completion of a stage on pro rata
basis as per approved drawing
e. Miscellaneous works (Blower, Water Proofing, 12% Payment shall be made on full
Internal wiring & lighting, MEP works, Railing, completion as per approved
Doors, Mesh, Canopy and Drainage) drawing. No stage payment
f. Final Completion and finishing with all allied 5% Payment shall be made on full
works completion. No stage payment

159
1.3.2.8 Procedure for estimating the value of Electrical Works done shall be as stated below:
% of weightage Payment Procedure
Stage of Payment
Electrical Works
Payment shall be made on
a. Approval of Basic Engineering of Complete
2% completion of a stage on pro rata
system
basis as per approved drawing
b. Supply and erection of 33 kV Switching station Payment shall be made on
with all required accessories including civil 10% completion of a stage on pro rata
works. basis as per approved drawing
c. Supply and erection of Ring Main Units, Payment shall be made on
Compact Substations, LT Switchgear, Earthing completion of a stage on pro rata
25%
System, DG sets etc. including all required basis as per approved drawing
accessories.
d. Supply and erection of HT/LT power and Payment shall be made on
control cables, Cable trays, Fire Detection completion of a stage on pro rata
System and Earthing System including all 35% basis as per approved drawing
required accessories inside/outside of utility
tunnel.
e. Supply and erection of Street Lighting Works Payment shall be made on full
Including MLDB, feeder pillars, lighting poles, completion as per approved
lighting fixtures, cables/wires, earthing system 18% drawing. No stage payment
and RCC/DWC HDPE pipes including all
required accessories.
f. Testing and Commissioning of Complete system Payment shall be made on
10% completion of a stage on pro rata
in totality
basis as per approved drawing

Note:- In case of any ambiguity/dispute/misunderstanding/error w.r.t. payment schedule, the decision of

the authority will be final and binding to the contractor.

1.4 Payment during Maintenance (O&M) period

1.4.1 The Authority shall pay to the Contractor every quarter 1/4th of amount due for the respective year
under any IPC under Clause 17.5.7. The payment shall be made no later than 30 (thirty) days from
the date of submission of the last IPC for the relevant quarter.

1.4.2 Contractor shall submit requisite proof of ESI and minimum labour wages paid with each running and
final bill.

160
 SCHEDULE – F
(See clause 10.3.2)

Project Completion Schedule

1. Project Completion Schedule:

During construction period, the contractor shall comply with the requirements set forth in
the Schedule-F for each of the project milestones and the scheduled completion period of
3 years (36 months). Within 15 days of the date of each project milestone, the contractor
shall notify the authority of such compliance along with necessary particulars thereof as
per the following milestones: -

2. Project Milestone – I:
2.1 Project Milestone – I shall occur on the date falling on the 180th (One hundred and
Eightieth) day from the Appointed date (the “Project Milestone- I”).
2.2 Prior to the occurrence ossf the Project Milestone – I, the Contractor shall have
commencedconstruction of the Project and submitted to the Authority duly and validly
prepared StagePayment Statements for an amount not less than 10% (Ten per cent) of the
Contract Price.

3. Project Milestone –II:

3.1 Project Milestone – II shall occur on the date falling on the 365th (Three Hundred and
Sixty Fifth) day from the Appointed Date (the “Project Milestone - II”).
3.2 Prior to the occurrence of the Project Milestone – II, the Contractor shall have continued
with construction of the Project and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 30% (Thirty percent) of the
Contract Price.

4. Project Milestone- III:

4.1 Project Milestone – II shall occur on the date falling on the 550th (Five Hundred and
Fiftieth) day from the Appointed Date (the Project Milestone - III).
4.2 Prior to the occurrence of the Project Milestone – III, the Contractor shall have continued
with construction of the Project and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 45% (Forty Five percent) of the
Contract Price.

5. Project Milestone- IV:

5.1 Project Milestone – II shall occur on the date falling on the 730th (Seven Hundred and
Thirth) day from the Appointed Date (the Project Milestone - III).
5.2 Prior to the occurrence of the Project Milestone – III, the Contractor shall have continued
with construction of the Project and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 60% (Sixty percent) of the Contract
Price

6. Project Milestone- V:
6.1 Project Milestone – II shall occur on the date falling on the 910th (Nine Hundred and Tenth)
day from the Appointed Date (the Project Milestone - III).
6.2 Prior to the occurrence of the Project Milestone – III, the Contractor shall have continued
with construction of the Project and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 75% (Seventy Five percent) of the
Contract Price.

161
7. Schedule Completion Date:
7.1 The Scheduled Completion Date shall be 1095 th (One Thousand and Ninety Fifth)
from theAppointed Date.
7.2 On or before the Schedule completion Date, the Contractor shall have completed
construction in accordance with this Agreement.

8. Extension of Time:
Upon extension of any or all of the aforesaid Project Milestones or the Scheduled
Completion Date, as the case may be, under and in accordance with the provisions of this
Agreement, the Project Completion Schedule shall be deemed to have been amended
accordingly.

162
 SCHEDULE – G

TEST ON COMPLETION

1 Schedule for Tests

1.1 The Contractor shall, no later than 30 (thirty) days prior to the likely completion of construction,
notify the Authority’s Engineer and the Authority of its intent to subject the Project to Tests, and no
later than 10 (ten) days prior to the actual date of Tests, furnish to the Authority’s Engineer and the
Authority detailed inventory and particulars of all works and equipment forming part of Works.

1.2 The Contractor shall notify the Authority’s Engineer of its readiness to subject the Project to Tests at
any time after 10 (ten) days from the date of such notice, and upon receipt of such notice, the
Authority’s Engineer shall, in consultation with the Contractor, determine the date and time for each
Test and notify the same to the Authority who may designate its representative to witness the Tests.
The Authority’s Engineer shall thereupon conduct the Tests itself or cause any of the Tests to be
conducted in accordance with Article 12 and this Schedule-G.

2 Tests

2.1 Visual and physical test: The Authority’s Engineer shall conduct all the relevant visual and physical
checks/ tests of construction to determine that all works and equipment forming part thereof conform
to the provisions of this Agreement. The indicative list of physical/chemical tests is at Annexure-II
ofSchedule-G.

2.2 Riding quality of the internal CC & Bituminous roads shall be checked in accordance with
IRC:SP:16-2019 with Fifth Wheel Bump Integrator.

2.3 The strength of the concrete structures shall be checked with rebound hammer test as per IS:13311-
part-II and the compressive strength of the concrete by Core Cutting Method. The ultrasonic pulse
velocity shall be carried out in accordance with IS:13311-part-I to check the homogeneity of the
concrete, presence of cracks, voids and other imperfections.

2.4 Chemical Analysis of Steel Structures: The chemical analysis of the steel structure shall be carried in
accordance with IS:11587-2002 to determine the total carbon content and tensile strength as per
IS:1608.

2.5 All other tests shall be carried out in accordance the provisions of Quality Assurance Plan in CPWD
Works Manual and Standard Operating Procedures – 2019, IRC:SP:112-2017 and CPWD quality
assurance policy for E&M (Internal EI, Street and Compound light, Sub-stations, DG sets & UPS,
Air Conditioning, Fire fighting).

2.6 Other tests: The Authority’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 with Specifications and Standards.

2.7 Environmental audit: The Authority’s Engineer shall carry out a check to determine conformity of
the Project with the environmental requirements set forth in Applicable Laws and Applicable
Permits.

163
2.8 Safety Audit: The Authority’s Engineer shall carry out, or cause to be carried out, a safety audit to
determine conformity of the Project with the safety requirements and Good Industry Practice.

2.9 All warranties/insurances for materials/equipments/appliances/fixtures procured/installed for the

project shall be prepared in the name of the Authority. All these papers shall be handed over to the
authority before seeking completion certificate of the project.

3 Agency for conducting Tests

All Tests set forth in this Schedule-G shall be conducted by the Authority’s Engineer or such other
agency or person as it may specify in consultation with the Authority.

4 Completion Certificate

Upon successful completion of Tests, the Authority’s Engineer shall issue the Completion
Certificatein accordance with the provisions of Article 12.

164
 Annexure-I
(Schedule-G)

INDICATIVE LIST OF EQUIPMENTS FOR FIELD TESTING LABORATORY

A. For Building Work

1. Balances
(i) 7 kg. to 10 kg. capacity, semi-self indicating type - accuracy 10 gm.
(ii) 500 gm. capacity, semi-self indicating type - accuracy 1 gm.
(iii) Pan balance- 5 kg. capacity - accuracy 10 gms.
2. Ovens-electrically operated, thermostatically controlled upto 110°C - sensitivity 1°C.
3. Sieves: as per IS 460-1962.
(i) I.S. sieves - 450mm internal dia, of sizes 100 mm, 80 mm, 63mm, 50 mm, 40 mm, 25
mm, 20 mm, 12.5 mm, 10 mm, 6.3 mm, 4.75mm, complete with lid and pan.
(ii) I.S. sieves- 200mm internal dia (brass frame) consisting of 2.36mm, 1.18mm, 600 microns,
425 microns, 300 microns, 212 microns, 150 microns, 90 microns, 75 microns, with lid
and pan.
4. Sieve shaker capable of 200 mm and 300 mm dia sieves, manually operated with timing switch
assembly.
5. Equipment for slump test- Slump cone, steel plate, tamping rod, steel scale, scoop.
6. Dial gauges, 25 mm travel - 0.01 mm/division least count - 2nos.
7. Graduated measuring cylinders 200 ml capacity - 3 Nos.
8. Enamel trays (for efflorescence test for bricks).
(i) 300 mm × 250 mm × 40 mm- 2 nos.
(ii) Circular plates of 250 mm dia - 4 nos.
B. For Road Works
1. Balances
(i) 7 kg to 10 kg capacity, semi-self indicating type - accuracy 10 gm.
(ii) 500 gm capacity, semi-self indicating type, accuracy 1 gm.
(iii) Chemical balance, 100 gm capacity - accuracy- 0.1 gm.
(iv) Pan balance - 5 kg. capacity - 10 gm accuracy.
(v) Platform scale- 300 kg capacity.
2. Oven electrically operated, thermostatically controlled.
(i) Upto 200°C for determination of loss on heating of bitumen.
3. Sieves as per IS 460-1962.
(i) I.S. sieves - 450 mm of internal dia of sizes 100 mm, 80mm, 63mm, 50mm, 40mm,
25mm, 20mm, 12.5mm, 10mm, 6.3mm, 1.75mm, complete with lid and pan.
(ii) I.S. sieves - 200 mm internal dia (brass frame) consisting of 2.36mm, 1.18mm, 600
microns, 425 microns, 300 microns, 212 microns, 150 microns, 90 microns and 75 microns
with lid and pan.
4. Sieves shaker capable for shaking 200mm and 300mm dia sieves, electrically operated with
timer.
5. Dial gauge
(i) 25mm travel - 0.01mm/division.
6. Load frame-5 tonnes capacity, electrically operated with speed control.
7. Aggregate impact test apparatus as per IS 2386-Part IV-1963.

165
 8. Compaction apparatus (Proctor) as per IS 2720-Part VII-1974.
9. Modified ASHO compaction apparatus as per IS 2720-Part-III-1974.
10. Sand pouring cylinder with control funnel and tube complete as per IS 2720-Part XXVIII-1974.
11. Sampling tins with rods 100mm dia × 50mm ht., 1/2kg capacity, and miscellaneous items like
moisture tins etc.
12. Constant temperature bath for accommodating bitumen test specimen, electrically operated
and thermostatically controlled.
13. Penetrometer with automatic time controller and with adjustable weight accessories and needles as
per IS 1203-1958.
14. Oxhlet extraction apparatus complete with extraction thimbles etc.
15. Laboratory mixer, about 0.02 cu-meter capacity, electrically operated with heating jacket.
16. Hubbard field stability test apparatus complete.
17. Marshall compaction apparatus as per ASTM 1559-62T, and complete with electrically operated
leading unit, compaction pedestal bearing head assembly, dial micrometer, and bracket for flow
measurement, load transfer bar, specimen mould (4 inch. dia) with base plate, columns, mould
(4 inch, dia) with base plate, collars, specimen extracted. Compaction hammer, 4.53 kg
(10lb)/457 mm (18inch) fall.
18. Distant reading thermometers.
19. Graduated cylinder 1000 ml. capacity.
20. Enamel tray.
21. Digital Compression Testing Machine of 2000 KN capacity with least count of 0.1 KN.
22. Core cutting machine for CC/ RCC work.

FIELD TESTING INSTRUMENTS

1. Steel tapes - 3 m
2. Vernier calipers
3. Micrometer screw 25 mm gauge
4. A good quality plumb bob
5. Spirit level, minimum 30 cms long with 3 bubbles for horizontal vertical
6. Wire gauge (circular type) disc
7. Foot rule
8. Long nylon thread
9. Rebound hammer for testing concrete
10 Dynamic penetrometer
11. Magnifying glass
12. Screw driver 30 cms long
13. Ball pin hammer, 100 gms
14. Plastic bags for taking samples
15. Moisture meter for timber
16. Earth resistance tests (for Electrical Divisions)
17. Meggar (for Electrical Divisions)

Note : The above list is indicative however, if any other apparatus / equipments required for testing of
material shall be provided by the contractor.

166
 Annexure-II
(Schedule-G)

INDICATIVE LIST OF PHYSICAL/CHEMICAL TESTS

Civil Works
1. Optimum moisture contents of the soil.
2. Maximum dry density of the soil
3. CBR Value of soil, GSB
4. DBD of soil
5. Sieve analysis of soil
6. Liquid Limit, Plastic Limit and Shrinkage Limit of Soil
7. Grading of aggregate
8. Aggregate Impact Value Test
9. Abrasion Value Test
10. Crushing Value Test
11. Slump Cone Test
12. Compaction Factor Test
13. Relative Density of aggregate
14. Silt contents of aggregate
15. Fineness modules of sand
16. Flakiness Index
17. Elongation Index
18. Compressive Strength of cement concrete
19. Compressive Strength of Paver Block
20. Compressive Strength of Bricks
21. Ratio of Cement, Sand in Cement Mortar
22. Ratio of Cement, Sand, Aggregate in cement concrete
23. Consistency Test of Cement
24. Soundness Test of Cement
25. Chemical and physical analysis of cement
26. Tensile strength of steel
27. Chemical and physical properties of steel
28. General workmanship, lines, levels, finish and dimensions.
29. Physical and mechanical and elongation tests of 0.5mm thick TCT
30. Thermal Conductivity Test for PUFF
31. Flame Test for Fire Proof Paint
32. Hour Rating for Fire Proof Paint
33. Impact Resistance, heat reversion, heat ageing, charpy impact test for uPVC material for joinery
34. Smoke Detection Test for sewer, storm water & rain water pipes etc.
35. Pressure testing of water supply lines.
36. Water absorption Test for various building materials.
37. Load crushing strength test by three edge bearing method for RCC Hume Pipe
38. Thermal Conductivity of HPL Sheets
39. Bitumen Extraction Test
40. Bitumen Penetration/Ductility/Viscosity Test

E&M Works

41. Transformer tests:

i) Insulation test between HV to earth.

167
 ii) Insulation test between MV to earth.
iii) Insulation test between HV to MV.
iv) Dielectric strength test on Oil.
v) Buchholtz relay operation test.
42. DG set:
i) Load testing of DG set.
ii) AMF/synchronizing panel test.
iii) Pipe insulation, length and height of exhaust pipe & silencer type.
43. HT & MV Panel:
i) CT ratio and accuracy test.
ii) Continuity checks of wiring, fuses etc.
iii) Insulation test.
iv) Trip test and protection gear test
44. Earthing:
i) Earth continuity
ii) Earth electrode resistance test.
45. Air conditioning:
i) Capacity testing of Chilling Unit & Air Handling Unit (AHU).
ii) Efficiency test (1KW/TR at full load and IPLV).
iii) Pressure testing of pipes.
iv) Leakage test in ducts.
46. Fire fighting system:
i) Insulation test.
ii) Fire alarm activation & Zone identification on fire alarm panel.
iii) Pressure testing of the Pipes as per CPWD general specifications.
iv) Automatic operation test of pumps.
v) Temperature actuation of sprinkler.
vi) Fire NOC from State Government Department.
47. Lifts:
i) Emergency Rescue Device/Automatic rescue device testing.
ii) Load test.
iii) Passing from Chief Electric Inspector, Haryana.
48. Cables/wiring:
i) Continuity test.
ii) Insulation resistance test.

Note:- Any other tests not specified above but required to ascertain the conformity to the relevant IS-
Codes shall also be conducted. In addition to the field tests, the chemical & specialized physical
tests shall be got done from the reputed approved Labs i.e. Shri Ram Lab, any of the IITs/NITs,
NITTTR, Punjab Engineering College, DTU (Delhi) at the cost of the contractor by the Authority’s
Engineer/Authority.

168
 SCHEDULE - H

PROVISIONAL CERTIFICATE

1 I/We, …………………………. (Name of the Authority’s Engineer), acting as the

Authority’s Engineer, under and in accordance with the Agreement dated …………….
2
(the “Agreement”), for construction of the ............... (the “Project”) on Engineering,
Procurement and Construction
(EPC) basis 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.

3 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 Highway or affect their safety. The Contractor
has agreed and accepted that as a condition of this Provisional Certificate, it shall
complete such minor works within 30 (thirty) days hereof. These minor works have
also been specified in the aforesaid Punch List.
4 In view of the foregoing, I/We am/are satisfied that the Project
…… can be safely and reliably placed in service of the Users thereof, and in terms of
the Agreement, the Project is hereby provisionally declared fit for intended purpose &
use and ready for operation on this the ………… day of ……….. 20…...

ACCEPTED, SIGNED, SEALED SIGNED, SEALED

AND AND DELIVERED DELIVERED

For and on behalf of For and on behalf of

CONTRACTOR by: AUTHORITY’s ENGINEER by:

(Signature) (Signature)
(Name and Designation) (Name and Designation)
(Address) (Address)

169
 COMPLETION CERTIFICATE

1 I/We, ……………………. (Name of the Authority’s Engineer), acting as the

Authority’s Engineer, under and in accordance with the Agreement dated
…………
(the “Agreement”), for construction of the …………..
(the “Project ***”) on Engineering, Procurement and Construction (EPC) 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/We
am/are satisfied that the Project can be safely and reliably placed in service for all
purpose and intends for which it has been made.

2 It is certified that, in terms of the aforesaid Agreement, all works forming part of Project
have been completed, and the Project **** is hereby declared fit for intendedpurpose
& use and ready for operation on this the ……… day of ……… 20…..

SIGNED, SEALED AND DELIVERED

For and on behalf of
the Authority’s Engineer by:

(Signature) (Name)
(Designation) (Address)

170
 SCHEDULE –I

SELECTION OF AUTHORITY ENGINEER

1. Selection of Authority Engineer

The Authority i.e. MD, HSIIDC is at its discretion to appoint any Firm/ Individual/
PSU or any other agency as Authority’s Engineer.

2. Terms of Reference
The Terms of Reference for the Authority’s Engineer (the “TOR”) shall substantially
conform with Annex-1 to this Schedule I.

171
 Annexure – 1
(Schedule - I)
Terms of reference for Authority’s Engineer
1. Scope

1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified pursuant to
the EPC Agreement dated ............. (the “Agreement), which has been entered into between the (insert
name and address of the Authority) (the “Authority”) and ............(the “Contractor”) for [name of the
Project] on Engineering, Procurement, Construction (EPC) 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 construction of the Project .

2. 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 contained in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply, mutatis
mutandis, to this TOR.

3. General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient manner, consistent
with the highest standards of professional integrity and Good Industry Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the
provisions of this Agreement, but subject to obtaining prior written approval of the Authority before
determining:
(a) any Time Extension;
(b) any additional cost to be paid by the Authority 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.
3.3 The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the
Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by
the Authority’s Engineer within 10 (ten) days of the beginning of every month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and responsibilities
to its suitably qualified and experienced personnel; provided, however, that it shall not delegate the
authority to refer any matter for the Authority’s prior approval in accordance with the provisions of
Clause 18.2.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of Scope
under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope and nature of Good
Industry Practice, as set forth in any provision of the Agreement, the Authority’s Engineer shall specify
such meaning, scope and nature by issuing a reasoned written statement relying on good industry practice
and authentic literature.

4. Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review the Drawings furnished by the
Contractor along with supporting data, including the geo-technical and hydrological investigations,
characteristics of materials from borrow areas and quarry sites, topographical surveys, and the
172
 recommendations of the Safety Consultant in accordance with the provisions of Clause 10.1.6. The
Authority’s Engineer shall complete such review and send its observations to the Authority and the
Contractor within 15 (fifteen) days of receipt of such Drawings. In particular, such comments shall
specify the conformity or otherwise of such Drawings with the Scope of the Project and Specifications
and Standards.
4.2 The Authority’s Engineer shall review any revised Drawings sent to it by the Contractor and furnish its
comments within 10 (ten) days of receiving such Drawings.
4.3 The Authority’s Engineer shall review the Quality Assurance Plan submitted by the Contractor and shall
convey its comments to the Contractor within a period of 30 (thirty) days stating the modifications, if
any, required thereto.
4.4 The Authority’s Engineer shall complete the review of the methodology proposed to be adopted by the
Contractor for executing the Works, and convey its comments to the Contractor within a period of 15
(fifteen) days from the date of receipt of the proposed methodology from the Contractor.
4.5 The Authority’s Engineer shall grant written approval to the Contractor, where necessary, for
interruption of the Project for purposes of maintenance during the Construction Period in accordance
with the provisions of Clause 10.4.
4.6 The Authority’s Engineer shall review the monthly progress report furnished by the Contractor and send
its comments thereon to the Authority and the Contractor within 7 (seven) days of receipt of such report.
4.7 The Authority’s Engineer shall inspect the Construction Works and the Project and shall submit a
monthly Inspection Report bringing out the results of inspections and the remedial action taken by the
Contractor in respect of Defects or deficiencies. In particular, the Authority’s Engineer shall include in
its Inspection Report, the compliance of the recommendations made by the Safety Consultant.
4.8 The Authority’s Engineer shall conduct the pre-construction review of manufacturer's test reports and
standard samples of manufactured Materials, and such other Materials as the Authority’s Engineer may
require.
4.9 For determining that the Works conform to Specifications and Standards, the Authority’s Engineer shall
require the Contractor to carry out, or cause to be carried out, tests at such time and frequency andin such
manner as specified in the Agreement and in accordance with Good Industry Practice for quality
assurance.
4.10 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity or number of tests
prescribed for each category or type of test for quality control by the Contractor.
4.11 The timing of tests referred to in Paragraph 4.9, and the criteria for acceptance/ rejection of their results
shall be determined by the Authority’s Engineer in accordance with the Quality Control Manuals. The
tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the
tests that may be carried out by the Contractor for its own quality assurance in accordance with Good
Industry Practice.
4.12 In the event that results of any tests conducted under Clause 11.10 establish any Defects or deficiencies
in the Works, the Authority’s Engineer shall require the Contractor to carry out remedial measures.
4.13 The Authority’s Engineer may instruct the Contractor to execute any work which is urgently required
for the safety of the Project, whether because of an accident, unforeseeable event or otherwise;provided
that in case of any work required on account of a Force Majeure Event, the provisions of Clause 19.6
shall apply.
4.14 In the event that the Contractor fails to achieve any of the Milestones, the Authority’s Engineer shall
undertake a review of the progress of construction and identify potential delays, if any. If the Authority’s
Engineer shall determine that completion of the Project is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicate within 15 (fifteen) days the steps proposed to be
taken to expedite progress, and the period within which the Project Completion Date shall be achieved.
Upon receipt of a report from the Contractor, the Authority’s Engineer shall review the same and send
its comments to the Authority and the Contractor forthwith.

173
 4.15 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s quality control
records and documents before the Completion Certificate is issued pursuant to Clause 12.4.
4.16 Authority’s Engineer may recommend to the Authority suspension of the whole or part of the Works
if the work threatens the safety of the Users and pedestrians. After the Contractor has carried
outremedial measures, the Authority’s Engineer shall inspect such remedial measures forthwith and
makea report to the Authority recommending whether or not the suspension hereunder may be revoked.
4.17 In the event that the Contractor carries out any remedial measures to secure the safety of suspended
works and Users, and requires the Authority’s Engineer to inspect such works, the Authority’s
Engineer shall inspect the suspended works within 3 (three) days of receiving such notice, and make a
report to the Authority forthwith, recommending whether or not such suspension may be revoked by
the Authority.
4.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the required Tests and issue a
Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions
under this Paragraph 4.18 and all matters incidental thereto, the Authority’s Engineer shall act under
and in accordance with the provisions of Article 12 and Schedule-G.

5. Determination of costs and time

5.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are required to
bedetermined by it under the Agreement.
5.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.
5.3 The Authority’s Engineer shall consult each Party in every case of determination in accordance
withthe provisions of Clause 16.5.

6. Payments
6.1 The Authority’s Engineer shall withhold payments for the affected works for which the Contractor
failsto revise and resubmit the Drawings to the Authority’s Engineer in accordance with the provisions
of Clause 10.2.4 (d).
6.2 Authority’s Engineer shall -
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor pursuant to
Clause 17.5, determine the amount due to the Contractor and recommend the release of 80 (eighty)
percent of the amount so determined as part payment, pending issue of the Interim Payment Certificate;
and (b) within 20 (twenty) days of the receipt of the Stage Payment Statement referred to in Clause
17.4, deliver to the Authority and the Contractor an Interim Payment Certificate certifying the amount
due and payable to the Contractor, after adjustments in accordance with the provisions of the
Agreement, if any required.

7. Other duties and functions

The Authority’s Engineer shall perform all other duties and functions as specified in the Agreement.

8. Miscellaneous
8.1 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results with
comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s Engineer to the
Authority forthwith.
8.2 The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents received
by it, including ‘as-built’ Drawings, and keep them in its safe custody.
Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall obtain a complete set of as-
built Drawings, in 2 (two) hard copies and in micro film format or in such other medium or manner as may
be acceptable to the Authority, reflecting the Project as actually designed, engineered and constructed,
including an as built survey illustrating the layout of the Project and setback lines, if any, of the
buildings and structures forming part of Project Facilities; and shall handthem over to the Authority against
174
receipt thereof.
8.3 The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall mediate
andassist the Parties in arriving at an amicable settlement of any Dispute between the Parties.
8.4 The Authority’s Engineer shall inform the Authority and the Contractor of any event of Contractor’s
Default within one week of its occurrence.

175
 SCHEDULE –J

(FORMS OF PAYMENT STATEMENTS)

RUNNING ACCOUNT/ FINAL BILL FORMAT

Period from to
Upto During Total
Bill No. & Previous Current
Date Month Month
1. (a) Name of work
(b) Bill Type (Running A/C/final Bill)
2. Name of Agency
3. (a) Date of Letter of Intent
(b) Date of award
(c) Date of Start
(d) Scheduled date of completion
(e) Project duration
4. No. and date of agreement
5. Extension of time and if so the revised
Completion date of project.
6. Contract value
7. (a) % Progress (financial)
(b) % over all deviations
8. Detail of Bank Guarantee submitted:
(i) Against mobilization advance
(ii) Against Security Deposit (where
ever applicable)
(ii)Others
9. Detail of Insurance policies submitted:
(i) Contractor’s all risk policy
(ii) Workmen’s compensation policy
(ii) Third party insurance
10 Value of work done:
(a) Estimated amount for work executed
subsequent to the last claim
(b) Deviations
(c) Approved extra/substituted items
(d) Other details to be given
Total
11. (a) Secured Advance
(b) Value of Material at site after this
bill. Detail to been closed
12. Others, if any (mobilization advance)
176
 Period from to
Upto During Total
Bill No. & Previous Current
Date Month Month
13 Total of 10 to 12
14. Recoveries
a. Security deposit @ ..................... on
but max to be deducted as per
Contract is ................ submitted with
Previous bill.

b. Mobilization advance

(ii) Retention Amount

15. Total recoveries (Rs.)
16. Net amount after recovery (Rs.)
17. Insurance premium charges recovered for
the uncovered period. (Rs.)
18. Net payable after tax (Rs.)
19. Outstanding:
(a) Adhoc
(b) Mobilization advance(s)
(c) Secured/material advance
(d) Others (details to be given)

20 Any other recovery (Rs.)

21. Net amount payable (in words)
Submitted for Rs.

Signature of the contractor

Date:

177
Check list for the submission of running account bills and final bill for payment of development works
Sr. no. Particulars Details Page no.
A. General:-
1 Name of the agency
2 Name of work Development of Infrastructure facilities i.e.
Road Network, Water Supply System, Waste
Water Collection System, Recirculation
System of Treated Waste Water, Storm Water
Drainage System, Utility Tunnel,
Landscaping, Fire Fighting System,
Electrification and Street Lighting and all other
works contingent thereto including trial run for
3 months and thereafter, 60 Months of defect
liability period including 60 months of
Operation & Maintenance of all infrastructure
during DLP on EPC basis in Global City
Project (Phase-I) District-Gurugram.
3 Contract Amount
4 Date of Start of Work
5 Time prescribed and date for
completing the work
6 Agreement Amount and date
7 Whether there is any defect
liability period? (Y/N)
If yes, date of expiry of such
period.
8 Whether there is any litigation in
the work executed by the
agency? (Y/N.)
If yes, details thereof.
B. Work plan, extension in the time limit and enhancement:-
1 Work completion plan
submitted by the Agency (Y/N)
2 Whether time has been
extended? (Y/N)
If Yes, revised date of
completion.
3 Whether revised work plan
submitted by the agency in case
date of completion of work is
extended? (Y/N)
4 PERT chart showing the
comparison of the approved
work completion plan and work
executed by the agency (activity
wise progress vis-a-vis
timelines.
5 Whether there is any
enhancement? (Y/N)
If Yes, then what is the % and
amount of enhancement and
date of obtaining approval of the
competent authority
C. Payment details:-
1 Details of payments of all the

178
Check list for the submission of running account bills and final bill for payment of development works
Sr. no. Particulars Details Page no.
bills made to the agency with
date
2 Amount and date of this bill
submitted by the agency for
payment
3 Amount of the this bill and total
amount (sum of all the bills) of
work done by the agency
4 Whether any benefit of
escalation clause exercised in
the bills of the payment? (Y/N)
If yes, whether escalation of
rates on such items has been
given for the purchased made by
the agency after the expiry of
date of completion mentioned in
the original agreement?

If yes, details thereof.

5 Whether any notice issued to the
agency during the execution of
work (Y/N) If so, details thereof
and corrective measures taken in
the matter
D. Quality Control:-
1 Observations made by the
officers during field visits in the
Inspection book with name,
designations and date and
corrective measures taken for
the matter
2 Details of onsite test conducted
during execution according to
prescribed norms of Haryana
PWD/MORTH/HSIIDC
1. On Cement
2. On bitumen
3. On Concrete/Cement mortar
4. On PC/BM/DBM etc.
5. Any other work
3 Details of test conducted from
testing laboratory during
execution according to
prescribed norms of Haryana
PWD/MORTH/HSIIDC
1. On Cement
2. On bitumen
3. On Concrete/Cement mortar
4. On PC/BM/DBM etc.
5. Any other work
4 Joint inspection report duly
signed by contractor supervisory
committee.
E. Variation and deviation

179
Check list for the submission of running account bills and final bill for payment of development works
Sr. no. Particulars Details Page no.
1 Whether more than 5% variation
has been noticed in any of the
material as Per the consumption
norms?
If yes, What action has been
taken and details thereof.
2 Whether there is a variation of
more, than 5% in the Estimated
and executed quantities of the
items?(Y/N)
if yes details thereof.
3 whether any item is added or
deleted as per the items taken in
the original estimate or carriage
lead increased? (Y/N)
if yes details thereof.
F. Penalties Imposed
Whether any penalty has been
imposed on the agency for not
carrying out the execution of
work as per approved work
completion program or due to
other reasons?(Y/N)
if yes details thereof.
G. Photographs
Hidden Items
All major items
Finished items
any Other (Items), Please
specify
H. Certification.

lt is to certify that the work has been executed as per PWD/MORTH specifications. Approval of all the
variations and deviations has already been obtained from the competent authority and accordingly, the bill is
being submitted for release the payment of Rs. _________________ .

Note:- The claim for the damages, if any shall be submitted by the contractor in a form acceptable to the
Authority.

180
 SCHEDULE - K
INSURANCE

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 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 brought onto the Site by the
Contractor, for a sum sufficient to provide for their replacement at the Site.
1.2 The insurance under paragraph 1.1 (a) and (b) above shall cover the Authority and the
Contractor against all loss or damage from any cause arising under paragraph 1.1 other
than risks which are not insurable at commercial terms.
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 for
any loss or damage for which the Contractor is liable and which arises from a cause
occurring prior to the issue of the Completion Certificate. The Contractor shall also
maintain other insurances for maximum sums as may be required under Applicable
Laws and in accordance with Good Industry Practice.

3. Insurance against injury to persons and damage to property

3.1 The Contractor shall insure against its liability for any loss, damage, death or bodily
injury, or damage to any property (except things insured under Paragraphs 1 and 2 of
this Schedule or to any person (except persons insured under Clause 20.9), which may
arise out of the Contractor's performance of this Agreement. This insurance shallbe for
a limit per occurrence of not less than the amount specified below with no limiton the
number of occurrences.
The insurance cover shall not be less than Rs.5.00 Cr. (Rs. Five Crore only)

3.2 The insurance shall be extended to cover liability for all loss and damage to the
Authority's property arising out of the Contractor’s performance of this Agreement
excluding:

(a) the Authority's right to have the construction works executed on, over, under,
in or through any land, and to occupy this land for the Works; and
(b) damage which is an unavoidable result of the Contractor's obligations to
execute the Works.
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 Authority

181
 SCHEDULE-L:

Penalty Criteria minimum staff Requirement During Capital Works Period

(i) The Engineer in charge may check the minimum staff requirement at any time.
(ii) The contractor shall submit the list of employee along with name & address with
attendance sheet every month for the purpose of Record.
(iii) In case the staff employed is less or found absent, proportionate deduction shall be
made on the basis of following rates + 10%.
Minimum key professional /staff (to be deployed for this project)

Sr. No. Designation Nos. Rate Per Month

(1) Sr. Project Manager 1 Rs.200000/-
(2) Project Manager Roads 1 Rs.150000/-
(3) Project Manager PHE works 1 Rs.150000/-
(4) Project Manager, Electrical Works 1 Rs.150000/-
(5) Manager quality control & quality monitoring 2 Rs.125000/-
(6) Manager Material Testing /Lab In charge 1 Rs.125000/-
(7) Manager quality control & quality monitoring – 1 Rs.125000/-
Electrical Works
(8) Billing Engineer/ Quantity surveyor 2 Rs.125000/-
(9) Planning Engineer 1 Rs.125000/-
(10) Surveyor having knowledge of Total Station 2 Rs.100000/-
(11) Plant Engineer 1 Rs.100000/-
(12) Safety Manager 1 Rs.100000/-
(13) Supervisors (Road Work) 3 Rs.75000/-
(14) Supervisors (PH Works) 3 Rs.75000/-
(15) Supervisors (Electrical Works) 2 Rs.75000/-
(16) Manager (Horticulture) 1 Rs.75000/-

(17) Supervisor (Horticulture) 2 Rs.60000/-

(18) Supervisor (Firefighting) 1 Rs.60000/-
Total 27 Nos.

Note: The above details of key professionals to be deputed for this project is minimum,
however, the contractor has to increase their technical staff as well as non-technical staff
as per requirement of work. Any, contradiction with respect to the qualification or
experience, the decision of Engineer-in-charge will be final and binding on the contractor.

182
 SCHEDULE M:

Grievance Redressal and Penalty during O&M period

1. Grievance Redressal
a. The Contractor shall maintain an office at the site for managing the maintenance activities,
receiving and responding to complaints related to maintenance.
b. Interactive Web portal to be maintained for registration of complaints, dissemination of
information, notices and circulars.
c. The Contractor shall ensure the deployment/availability of adequate number of trained personnel
to respond to complaints and carryout the activities listed above.
d. The system shall be based on response time the complaint of the complainant shall be acknowledged
within specified time limit.
Mechanism Used Time of Acknowledgement of Complaint
Phone 2 minutes
Email 15 minutes
Physical 15 Minutes
e. The Redressed time shall be task specific and has been stated with the defined penalty.

D. Penalty criteria to O & M requirements. The non-compliance of the maintenance standards shall
result in penalties as highlighted below:

COMPLIANCE AND TOLERANCE CRITERIA TO O&M REQUIREMENTS

Roads and Drainage

Sr Asset / Project Non Compliance Inspection Performance Target Penalty on not meeting
No Deliverable/Service Parameter Parameter the criteria
Standards
Monetary
A B C D E F
1 Ride ability Criteria Potholes / Uneven Monthly/ 98% of the any road ` 200/sq m/day for 3 to 15
bumpy surface / Complaint stretch (refer Road No.) days ` 400/sqm/day 15-30
removal of top layer should be free of days ` 800/sqm/day
damaged patches and Beyond 30 days
potholes at any given
time. The same shall be
repaired in 3 days of
note
2 Standing water on Monthly/ Water >100mm shall ` 5000/ occurrence. (1
road due to clogging/ Complaint not stand on the road occurrence is when water
damage of storm for more than 1 hour. A stands on roads for more
water drains maximum tolerable than 1 hour in non
limit of 3 hours in case monsoon and regular
of rainfall above monsoon showers & 3
average. hours in case of
unprecedented rainfall.)
Road Fixtures Road signs not Monthly/ 98% of major roads ` 1000/Month for 3
located Complaint junctions shall have months (1st quarter) of
proper signage non existing
signage;Rs5000/Month
for 4-6 months (2nd
quarter) of non existing of
signage
3 Road Fixtures Road signs not Monthly/ 90% of all signs shall ` 1000/Month for 3
maintained (paint Complaint be clearly visible and months (1st quarter) of
chipping, not visible, readable as per non repair; ` 5000/Month
inadequate requirement. for 4-6 months (2nd
/ambiguous quarter) of non repair
information)

183
Sr Asset / Project Non Compliance Inspection Performance Target Penalty on not meeting
No Deliverable/Service Parameter Parameter the criteria
Standards
Monetary
A B C D E F
4 Storm water Drains Overflow/ flooding Monthly. All drains shall be free `5000/occurrence for one
due to clogging / However in of clogging / silting at month of non
blockage Monsoons all times specially in compliance,`10,000/occur
inspection to be monsoons to ensure no re nce beyond 1 month of
done weekly overflowing in non non compliance
monsoon period and in
regular showers.
5 Storm water Drains Damaged / caved in Monthly. Immediate application `5000/Month/running
However in of emergency measures; meter for1months of non
Monsoons Complaint redressal repair;` 10000/Month
inspection to be within 48 hrs of registry /running meterfor2-
done weekly 4monthsofnon repair
6 Adaptive Traffic Damaged/non- Monthly/ Proper and efficient 5000/occurrence for one
Control System functioning/malfuncti Complaint working of ATCS month of non compliance,
(ATCS) oning system. 10,000/occurrence beyond
1 month of non
compliance

For Water Supply

Sr Asset / Project Non Inspection Performance Target Penalty on not meeting
No Deliverables Compliance Parameter the
criteria
Monetary
A B C D E F
1 Quality of supplied Not meeting CPCB Weekly / 100% ` 20,000 for non
water 1) at inlet to norms for potable Complaint compliance at any given
reservoir 2) at outlet to water supply check
supply network 3) at
furthest tapping point
on the supply line
2 Maintenance of Flooding due to Complaint Immediate application `5000/occurrence for a
Distribution Network Leakage / Clogging / of emergency measures; time period of 1 week
Breakage / Non 100% maximum
functioning of water complaint redressal ,`10,000/occurrence per
supply lines / joints / within 48 hrs week beyond time period
valves / pumping of registry of 1 week
station

For Waste water conveyance

S. Asset / Project Non Compliance Inspection Performance Target Penalty on not meeting
No. Deliverables / Service Parameter the criteria
Standards
Monetary
A B C D E F
1 Maintenance of Flooding of ROW, Monthly Immediate application Nil for 48 hours. `
Effluent Conveyance common public inspection and/ of emergency 10000/Day from 3rd to
System spaces and plots due or Complaint measures; 100% 7th day of non
to Leakage / complaint redressal compliance. ` 20000/ Day
Clogging / Breakage / within 48 hrs of registry from 8th -15th day
Non functioning of
conveyance pipelines
/
joints/valves/pumping
station

184
For Landscape Works
S. Asset / Project Non Compliance Inspection Performance Penalty on not meeting the
No. Deliverables / Parameter Target criteria
Service Standards
Monetary
A B C D E F
1 Irrigation & watering Lawns & plants Weekly Immediate Nil for 24 hours. `2000/Day post
of green areas which start withering. inspection application of 24 hrs. to 2nd day of non-
includes the lawn, The tips and edges and/ or emergency measures; compliance. `5000/ Day from
trees & planting beds of leaves dry out Complaint 100% complaint 3rd day till compliance
and turn brown. redressal within 24
Soil becomes dry. hrs of registry
2 Maintenance Damage to 25th day of Immediate Nil for 24 hours.
of green areas under lawn/edges/ground every month application of Shrubs & Groundcover: A fine
phase-1 development, covers etc. Term or the 1st emergency measures; of Rs.500/- per sq.mt shall be
which include grass ‘Damage’ working day 100% complaint imposed on the
lawns, shrubs, represents any after the redressal within 24 unhealthiness/mortality of the
flower beds, kind of schedule hrs of registry shrubs & groundcovers on the
groundcover in the unhealthiness or date basis of the plantation bed. In
designed landscape unacceptable look absence of proper care and
areas and to garden features. attention, the plantation bed not
surrounding road side Plants start to in state of acceptance by site-
and periphery of the wither, look incharge, further fine of Rs.50/-
building and entrance stressed out, per sq.mt/week shall be levied
gates, nursery doesn’t grow to till the period the state is
maintenance (if any), it’s full capacity reinstated into good health by
etc.as mentioned in and doesn’t application of
the technical flower. fertilizers/insecticides/pesticides.
specification In case of the plants suffering
document. mortality, the same shall be
replaced immediately to avoid
penalty.
Lawn: The lawns shall be
maintained green with the
desired maintenance effort. The
contractor shall be liable for
being fined in
event of the lawns not
performing as desired by the
owner. The fine shall be Rs.50/-
per sq.mt of the lawn area not
found acceptable or dead.
3 Maintenance of trees Dying of 25th day of Immediate Nil for 24 hours.
under phase – 1 Designated trees: every month application of Death or Poor maintenance state
development, which The term or the 1st emergency measures; of trees will cause fine @
includes trees in the ‘Designated Tree’ working day 100% complaint Rs.500/- per tree at the end of
designed landscape represents the new after the redressal within 24 the month. The trees have to be
areas and surrounding plantation or the schedule hrs of registry supplied and planted at the
road side and trees computed for date respective location at the
periphery of the their maintenance earliest, failing which will lead
building and entrance during joint to increase in penalty by 10%
gates, nursery inspection after i.e. Rs.55/- per Tree up to the
maintenance (if any), award of contract. time the tree is replaced. The
etc.as mentioned in fine shall be deducted from the
the technical quarterly stage payment.
specification
document.
4 Maintenance of hard The space starts Fortnightly Immediate Nil for 24 hours. `2500/Day
surfaces in phase-1, looking untidy inspection application of from 2nd day to 3rd day of non-
including at the with dust, and/ or emergency measures; compliance. `7500/ Day from
entrance gates and droppings of birds, Complaint 100% complaint 3rd day till compliance
roads, by daily leaves, other

185
S. Asset / Project Non Compliance Inspection Performance Penalty on not meeting the
No. Deliverables / Parameter Target criteria
Service Standards
Monetary
A B C D E F
sweeping and keeping accumulation of redressal within 24
the area tidy etc, by garbage by human hrs of registry
removing fallen dry activities.
leaves and all types of
waste materials lying
in the garden area
conveying and
disposing collected
wastes in a place of
100 mtrs away from
the edge of
garden/lawn/boundary
of flower beds etc
with all necessary
tools and plants.

For Utility Tunnel

S. Asset / Project Non Compliance Inspection Performance Target Penalty on not
No. Deliverables / Service Parameter meeting the criteria
Standards
Monetary
A B C D E F
1 Maintenance of Utility Flooding in Utility Monthly Immediate application `5000/Day up to 24 hrs.
Tunnel Tunnel due to any inspection and/ of emergency of non-compliance.
Leakage / seepage / or Complaint measures; 100% `10000/ Day from 2nd
Clogging /Non- complaint redressal day till compliance
functioning of drain within 12 hrs of registry
pumps and
conveyance pipelines
/ joints/valves
2 Maintenance of Utility Any cracks, exposure Monthly Immediate application Nil for 7 days.
Tunnel of reinforcement, inspection and/ of emergency `5000/Day from 8th day
damages in wall and or Complaint measures; 100% till compliance.
roof, collapse of any complaint redressal
part of tunnel due to within 24 hrs of registry
any circumstance.
3 Maintenance of Utility Damage or breakage Monthly Immediate application `2000/Day up to 24 hrs.
Tunnel of cable trays, MS inspection and/ of emergency of non-compliance.
angles for fixing of or Complaint measures; 100% `5000/ Day from 2nd
cable trays, C complaint redressal day till compliance
channels, structural within 24 hrs of registry
steel for support of
pipes, cable trays etc.
to carry the proposed
services inside the
utility tunnel.

186
For Fire Fighting System
S. Asset / Project Non Compliance Inspection Performance Target Penalty on not
No. Deliverables / Parameter meeting the criteria
Service Standards

Monetary
A B C D E F
1 Maintenance of Fire In case of any Monthly Immediate application `5000/Day up to 24 hrs.
Fighting System maintenance required inspection and/ of emergency of non-compliance.
in Fire Fighting or Complaint measures; 100% `10000/ Day from 2nd
Network Pipe line, complaint redressal day till compliance
Hydrants, Sprinkler within 12 hrs of
and Sprinkler Alarm registry
Valve and all type of
valves and
instruments.

187
 Penalty Criteria minimum staff Requirement During O&M Period

MINIMUM STAFF REQUIREMENT OF OPERATION & MAINTENANCE DURING 60 MONTHS

OF O&M (With No Addl. Cost)
Overall Work Road Horti- Water Supply + Sewerage Drainage Street Lighting Security
culture Recycled Water
Year Super Labour Mali W.P. Fitter/ Helper Sewer Beldar Electri Helper Guard
visor / O Electri (F.O/P. Man / cian
Sweep cian O) Beldar
er
60 1 5 6 1 1 2 2 1 1 1 12 (4
Months guards
O&M per shift
Period of 8
hours)
Note:-
The Engineer in charge may check the minimum staff requirement at any time
The contractor shall submit the list of employee along with name & address with attendance
sheet every month for the purpose of Record.
In case the staff employed is less or found absent, proportionate deduction shall be made on
the basis of following rates + 10% penalty or prevailing DC rate plus 10% penalty, whichever
is higher.
Manpower Rate Per Month
Qualified Supervisor Rs.19600/-
WPO/Electrician Rs.12650/-
Labour (Unskilled/Helper/Beldar) Rs.12100/-
Sweeper /Sewer man Rs.12100/-
Mali Rs.12100/-
Security Guard Rs.12100/-

188
189