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1 EPC (ENGINEERING PROCUREMENT AND CONSTRUCTION) DRAFT AGREEMENT Execution of2 Nos Individual Rural Piped Water Supply Projectspertaining to NABARANGPUR District including five years Operation & Maintenance” under One Package. On EPC Contract R.W.S.S. ORGANISATION GOVERNMENT OF ODISHA 2 Contents PART I Preliminary 9 EPC Agreement 10-11 1 Definitions and Interpretation 12 1.1 Definitions 12 1.2 Interpretation 12 1.3 Measurements and arithmetic conventions 15 1.4 Priority of agreements and errors/discrepancies 15 1.5 Joint and several liability 16 PART II Scope of the Project 17 2 Scope of the Project 18 2.1 Scope of the Project 2.2 Deliverables of each individual water supply project 18 18-20 3 Obligations of the Contractor 21 3.1 Obligations of the Contractor 21 3.2 Obligations relating to sub-contracts and any other agreements 22 3.3 Deleted 23 3.4 Contractor‟s personnel 23 3.5 Advertisement on Water Supply Project 24 3.6 Contractor's care of the Works 24 3.7 Electricity, water and other services 24 3.8 Unforeseeable difficulties 24 4 Obligations of the Authority 25 4.1 Obligations of the Authority 25 4.2 Maintenance obligations prior to the Appointed Date 4.3 Environmental Clearances 27 27 5 Representations and Warranties 28 5.1 Representations and warranties of the Contractor 29 3 5.2 Representations and warranties of the Authority 29 5.3 Disclosure 30 6 Disclaimer 31 6.1 Disclaimer 31 PART III Construction and Maintenance 32 7 Performance Security 33 7.1 Performance Security 33 7.2 Extension of Performance Security 33 7.3 Appropriation of Performance Security 34 7.4 Release of Performance Security 7.5 Retention Money 34 34 8 Sites for the Project 36 8.1 The Site 36 8.2 Procurement of the Site 36 8.3 Damages for delay in handing over the Site 37-38 8.4 Site to be free from Encumbrances 38 8.5 Protection of Site from encroachments 39 8.6 Special/temporary Right of Way 39 8.7 Access to the Authority and the Authority‟s Engineer 39 8.8 Geological and archaeological finds 39 9 Utilities and Trees 40 9.1 Existing utilities and roads 40 9.2 Shifting of obstructing utilities 40 9.3 New utilities 40 9.4 Felling of trees 40-41 10 Design and Construction of the Water Supply Project 42 10.1 Obligations prior to commencement of Works 42 10.2 Design and Drawings 43 10.3 Construction of the Water Supply Project 45 10.4 Deleted 46 10.5 Extension of time for completion 46 10.6 Incomplete Works 47 10.7 Maintenance Manual 48 4 11 Quality Assurance, Monitoring and Supervision 49 11.1 Quality of Materials and workmanship 49 11.2 Quality control system 49 11.3 Methodology 50 11.4 Inspection and technical audit by the Authority 50 11.5 External technical audit 50 11.6 Inspection of construction records 50 11.7 Monthly progress reports 50 11.8 Inspection 50 11.9 Samples 51 11.10 Tests 51 11.11 Examination of work before covering up 52 11.12 Rejection 52 11.13 Remedial work 52 11.14 Delays during construction 53 11.15 Quality control records and Documents 53 11.16 Video recording 11.17 Suspension of unsafe Construction Works 53 53-54 12 Completion Certificate 55 12.1 Tests on completion 55 12.2 Provisional Certificate 55-56 12.3 Completion of remaining Works 57 12.4 Completion Certificate 57 12.5 Rescheduling of Tests 57 13 Change of Scope 58 13.1 Change of Scope 58 13.2 Procedure for Change of Scope 58-60 13.3 Payment for Change of Scope 60 13.4 Restrictions on Change of Scope 60 13.5 Power of the Authority to undertake works 60-61 5 14 Maintenance 62-66 15 Supervision and Monitoring during Maintenance 67-68 16 Traffic Regulation 69 17 Defects Liability 17.1 Defects Liability Period 70 70 17.2 Remedying Defects 17.3 Cost of remedying Defects 70 70 17.4

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