Common use of MONITORING OF CONSTRUCTION Clause in Contracts

MONITORING OF CONSTRUCTION. Monthly progress reports During the Construction Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Engineer a monthly report on progress of the Construction Works and shall promptly give such other relevant information as may be required by the Independent Engineer and/or the Authority. Inspection During the Construction Period, the Independent Engineer shall inspect the Project at least once a month and make a report of such inspection (the “Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Project Completion Schedule, Scope of the Project and Specifications and Standards. The Independent Engineer shall send a copy of the Inspection Report to the Authority and the Concessionaire within 7 (seven) days of such inspection and upon receipt thereof, the Concessionaire shall rectify and remedy the defects or deficiencies, if any, stated in the Inspection Report. Such inspection or submission of Inspection Report by the Independent Engineer shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever. Tests For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten percent) of the quantity and/or number of tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith. Delays during construction Without prejudice to the provisions of Clause 12.3.2, if the Concessionaire does not achieve any of the Project Milestones or the Independent Engineer shall have reasonably determined that the rate of progress of Construction Works is such that the Project is not likely to be completed by the Scheduled Completion Date, it shall notify the Concessionaire to this effect, and the Concessionaire shall, within 15 (fifteen) days of such notice, by a communication inform the Independent Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve COD.

MONITORING OF CONSTRUCTION. Monthly progress reports During the Construction Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Engineer a monthly report on physical and financial progress of the Construction Works and shall promptly give such other relevant information as may be required by the Independent Engineer and/or the AuthorityEngineer. Inspection During the Construction Period, the Independent Engineer shall inspect the Project Highway at least once a month and make a report of such inspection (the “Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Project Completion Schedule, Scope of the Project and Specifications and Standards. The Independent Engineer It shall send a copy of the Inspection Report to the Authority and the Concessionaire within 7 (seven) days of such inspection and upon receipt thereof, the Concessionaire shall rectify and remedy the defects or deficiencies, if any, stated in the Inspection Report. Such inspection or submission of Inspection Report by the Independent Engineer shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever. Tests For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten percentper cent) of the quantity and/or number of tests that prescribed by IRC and/or MORTH for the owner or builder of such construction works would normally undertake in accordance with Good Industry Practiceundertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith. Delays during construction Without prejudice to the provisions of Clause 12.3.212.4.2, if the Concessionaire does not achieve any of the Project Milestones or the Independent Engineer shall have reasonably determined that the rate of progress of Construction Works is such that the Project [Six-Laning] is not likely to be completed achieved by the Scheduled Completion [Six-Laning] Date, it shall notify the Concessionaire to this effect, and the Concessionaire shall, within 15 (fifteen) days of such notice, by a communication inform the Independent Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve COD.the Project Completion Date. Suspension of unsafe Construction Works Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users and pedestrians. The Concessionaire shall, pursuant to the notice under Clause 13.5.1, suspend the Construction 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 and the Users. The Concessionaire may by notice require the Independent 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 Independent Engineer, the Authority shall either revoke such suspension or instruct the Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause shall be repeated until the suspension hereunder is revoked. Subject to the provisions of Clause 34.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Concessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine any extension of the dates set forth in the Project Completion Schedule to which the Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled [Six-Laning] Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled [Six-Laning] Date. Video recording During the Construction Period, the Concessionaire 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 Construction Works in that quarter. The first such video recording shall be provided to the Authority within 7 (seven) days of the Appointed Date and thereafter, no later than 15 (fifteen) days after the close of each quarter. Tests

MONITORING OF CONSTRUCTION. Monthly progress reports During the Construction Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Engineer Expert a monthly report on progress of the Construction Works and shall promptly give such other relevant information as may be required by the Independent Engineer and/or the AuthorityExpert. Inspection During the Construction Period, the Independent Engineer Expert shall inspect the Project Storage Facility at least once a month and make a report of such inspection (the “Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Project Completion Schedule, Scope of the Project and Specifications and Standards. The Independent Engineer It shall send a copy of the Inspection Report to the Authority and the Concessionaire within 7 (seven) days of such inspection and upon receipt thereof, the Concessionaire shall rectify and remedy the defects or deficiencies, if any, stated in the Inspection Report. Such inspection or submission of Inspection Report by the Independent Engineer Expert shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever. Tests For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten percent) of the quantity and/or number of tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalf. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Expert forthwith. Delays during construction Without prejudice to the provisions of Clause 12.3.2, if the Concessionaire does not achieve any of the Project Milestones or the Independent Engineer Expert shall have reasonably determined that the rate of progress of Construction Works is such that completion of the Project Storage Facility is not likely to be completed achieved by the Scheduled Completion Date, it shall notify the Concessionaire to this effect, and the Concessionaire shall, within 15 (fifteen) days of such notice, by a communication inform the Independent Engineer Expert in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve CODthe Project Completion Date. Suspension of unsafe Construction Works Upon recommendation of the Independent Expert to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of any person or property. The Concessionaire shall, pursuant to the notice under Clause 13.5.1, suspend the Construction 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 affected persons or properties and the Users. The Concessionaire may by notice require the Independent Expert 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 Independent Expert, the Authority shall either revoke such suspension or instruct the Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 13.5 shall be repeated until the suspension hereunder is revoked. Subject to the provisions of Clause 29.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Concessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Expert shall determine any extension of the dates set forth in the Project Completion Schedule to which the Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Expert. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date. Video recording During the Construction Period, the Concessionaire 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 Construction Works in that quarter. The first such video recording shall be provided to the Authority within 7 (seven) days of the Appointed Date and thereafter, no later than 15 (fifteen) days after the close of each quarter.

MONITORING OF CONSTRUCTION. Monthly progress reports During The Contractor shall measure the Construction Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Engineer a monthly report on progress success of the Construction Works and shall promptly give such other relevant information as may be required by OPV Programme against the Independent Engineer and/or the Authority. Inspection During the Construction Period, the Independent Engineer shall inspect the Project at least once a month and make a report of such inspection (the “Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Project Completion Schedule, Scope of the Project and Specifications and StandardsContract KPIs. The Independent Engineer OPVs shall send a copy of be constructed in accordance with the Inspection Report to the Authority and the Concessionaire within 7 (seven) days of such inspection and upon receipt thereof, the Concessionaire shall rectify and remedy the defects or deficiencies, if any, stated Contractor’s internal processes as are in the Inspection Report. Such inspection or submission of Inspection Report by the Independent Engineer shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever. Tests For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer force from time to time, in accordance with Good Industry Practice for quality assurance. This will include the production by the Contractor of a Requirements and Acceptance Database ("RADb") and a Vessel Acceptance Matrix ("VAM"). The size Contractor shall provide copies of sample the RADb and the VAM to the Authority on the Shared Data Environment. The Authority may attend and witness such events required by the Contractor’s internal process as it wishes such as design reviews, installation inspections, compartment completion inspections, factory inspection, tests of equipment that is acquired by the Contractor for use on the OPV Programme and Engineering Trials. The Authority may also inspect any part of the OPVs as they are constructed and set to work and raise such tests shallobservations as it may choose. The Contractor shall pay due regard to any such observations made by the Authority. The Contractor shall produce the following categories of documents as part of its internal processes: Test forms; Basin / Harbour Trial Reports; and Sea Trial Reports. Each of these documents may record Defects and other observations for mitigation at a later stage in the OPV Programme including as part of the D3B process. Such documents (once produced) shall be provided to the Authority on the Shared Data Environment for its review and comment, and the Contractor shall pay due regard to any such comments made by the Authority. No later than twelve (12) months prior to Acceptance, the Contractor shall notify the Authority of the actual number of documents that will be produced under Clause 1.159 and the Parties shall then agree in writing which of these shall be signed by the Contractor as a condition to Acceptance. QUALITY ASSURANCE The following DEFSTANs and AQAPs shall apply to this Contract (subject always to Clause 3 (Precedence)) and the Contractor shall procure that such DEFSTANs and AQAPs apply to its sub-contracts to the extent possible: AQAP 2110 (Edition 3 November 2009) NATO Quality Assurance Requirements for Design, Development and Production; DEFSTAN 05-61 Part 1 (Issue 5 August 2010) Quality Assurance Procedural Requirements Part 1 Concessions; AQAP 2105 (Edition 2 November 2009) NATO Requirements for Deliverable Quality Plans; AQAP 2210 (Edition 3 November 2009) NATO Supplementary Software Quality Assurance Requirements to AQAP 2110; DEFSTAN 02-41 (Issue 3 May 2012, as amended December 2012) Requirements For Configuration Management of Surface Warships; DEFSTAN 05-57 (Issue 6 March 2014) Configuration Management of Defence Materiel; DEFSTAN 05-61 Part 4 (Issue 3 October 2002, as amended 28 January 2011) Quality Assurance Procedural Requirements Part 4 Contractor Working Parties; DEFSTAN 05-61 Part 9 (Issue 4 May 2010) Quality Assurance Procedural Requirements Part 9 Independent Inspection Requirements for Safety Critical Items; and DEFSTAN 05-99 (Issue 4 December 2010, as amended 31 October 2011) Managing Government Furnished Equipment in Industry. This is not exceed 10% an exhaustive list and other DEFSTANs as called up in this Contract shall also apply. The Quality Management Plan provided by the Contractor under Clause 1.150 shall comply with AQAP 2105 (ten percent) and such Quality Management Plan shall be the 'Deliverable Quality Plan' referred to in AQAP 2105). Notwithstanding that the Quality Management Plan will have been seen and agreed by the Authority, the Contractor shall be solely responsible for the accuracy, suitability and applicability of the quantity and/or Quality Management Plan. CONDUCT OF TRIALS Prior to the Contractor conducting any Sea Trial in respect of an OPV, it shall provide the Authority with the Contractor’s certificate of sea-worthiness for that OPV. Harbour Trials Any Authority representative or employee may attend any Harbour Trial. The Contractor shall provide the Authority with reasonable notice of the commencement of each Harbour Trial. The Contractor shall be responsible for the safety and operation of the OPV throughout the Harbour Trial. The Contractor shall pay for all the costs and expenses of the Harbour Trials, except for costs associated with those items of GFA relevant to the Harbour Trial and any expenses of the Authority in attending the Harbour Trials, which in each case shall be met by the Authority. Sea Trials Any Authority representative or employee up to a maximum number to be agreed between the Parties may attend any Sea Trial. The Contractor shall provide the Authority with no less than ten (10) Business Days’ prior notice to the commencement of tests that each Sea Trial. The Contractor shall be entitled to commence such Sea Trial on any day on and from the owner or builder date which is ten (10) Business Days following service of the relevant Notice. The Contractor shall be responsible for the safety and operation of the OPV throughout each Sea Trial. The Contractor shall nominate an appropriately qualified Trials Master and notify the Authority of such works would normally undertake in accordance with Good Industry Practicenomination. The Concessionaire shall, with due diligence, carry out or cause Contractor shall not appoint the Trials Master without the prior written consent of the Authority (not to be carried out all the tests in accordance with the instructions unreasonably withheld or delayed). On agreement of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half identity of the costs incurred on such testsTrials Master, the Contractor shall then appoint the Trials Master to command each OPV during its Sea Trials. The Authority and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of its representatives or employees attending Sea Trials shall follow the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, Trials Master’s instructions and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubtCompany Standing Orders, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed provided that a copy of such Company Standing Orders have been provided to the results Authority in advance of such tests the Sea Trials. The Contractor shall pay for all the expenses of the Sea Trials except for costs associated with those items of GFA relevant to the Sea Trial and any expenses of the Authority in attending the Sea Trials, which in each case shall be sent met by the Concessionaire to the Independent Engineer forthwith. Delays during construction Without prejudice to the provisions of Clause 12.3.2, if the Concessionaire does not achieve any of the Project Milestones or the Independent Engineer shall have reasonably determined that the rate of progress of Construction Works is such that the Project is not likely to be completed by the Scheduled Completion Date, it shall notify the Concessionaire to this effect, and the Concessionaire shall, within 15 (fifteen) days of such notice, by a communication inform the Independent Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve CODAuthority.