EPC Agreement Draft Kerala Govt

Draft EPC Agreement
ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT
between
Public Works Department

Government of Kerala
and
--------------------------------------------------
(Contractor)
for
TAGORE CULTURAL CENTRE AT THIRUVANANTHAPURAM, KERALA
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This Engineering, Procurement and Construction Agreement entered into on this the
_____ day of ___________ (Month), Two Thousand and Four at Thiruvananthapuram,
BETWEEN
The Governor of Kerala acting through the Secretary, Public Works Department,
Government of Kerala, having its office at South Block, Secretariat, Thiruvananthapuram-
695001, hereinafter referred to as “PWD”, which expression shall unless repugnant to the
context include its successors and assigns, OF THE ONE PART,
AND
______________________, a company/firm incorporated under provisions of the

Companies Act, 1956, or a partnership firm1 having its registered office at
____________________, hereinafter referred to as “Contractor” which expression shall
unless repugnant to the context include its successors and permitted assigns, OF THE
OTHER PART.
WHEREAS,
A. The Tagore Theatre and the land adjoining thereto admeasuring approximately 6 acres
at Vellayambalam, Thiruvananthapuram, Kerala, more fully described in Schedule 1
(hereinafter referred to as ‘the Site’), is owned by the Government of Kerala;
B. PWD is keen to implement a project envisaging upgradation of the Existing Works (as
hereinafter defined) more particularly described in Para (2) of Schedule 2 and to
construct Additional Works (as hereinafter defined) more particularly described in
Para (3) of Schedule 2 at the Site. The Existing Works and the Additional Works shall
be collectively referred to as “the Works”;
C. PWD has carried out project development work in connection with the Works,
including engineering studies, assessment of feasibility and preparation of project
report;
D. PWD invited competitive proposals from eligible Persons for executing the Works
and in response thereto, PWD received proposals from several Persons including the
Contractor for executing the Works;
E. PWD after evaluating the above proposals, accepted the proposal submitted by the
Contractor and issued a Letter of Acceptance dated ------------ to the Contractor;
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In case of a registered partnership firm, the Agreement would be required to be signed by the partner in
whose name a resolution has been passed authorising him to sign the Agreement
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F. The Contractor has acknowledged the said Letter of Acceptance vide his letter dated
________ to PWD;
G. In terms of the said Letter of Acceptance, the Parties hereto are required to enter into
an Engineering, Procurement and Construction (EPC) Agreement being these presents
to record the terms, conditions and covenants subject to which the Contractor shall
execute the Works.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
ARTICLE 1
DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Agreement, the words and expressions defined below shall have the
meanings assigned to them respectively, except where the context requires
otherwise:
“Agreement” means this Agreement, and includes any amendments hereto made
in accordance with the provisions hereof.
“Additional Works” shall have the meaning ascribed to it in Para 3 of Schedule 2
“Applicable Law” shall mean any statute, law, regulation, ordinance, rule,
judgement, rule of common law, clearance, order, decree, by-law, directive,
guideline, policy, requirement, or other governmental restriction or any similar
form of decision of, or determination by, or any interpretation or administration
having the force of law of any of the foregoing by any government authority
having jurisdiction over the matter in question, whether in effect as of the date of
this Agreement or thereafter.
“Commencement Date” shall mean the date on which all the following conditions
have been fulfilled:
a. PWD has delivered physical possession of the Site to the Contractor, free
from encumbrance;
b. PWD has paid the Mobilisation Advance to the Contactor; and
c. Contractor has furnished the Performance Security.
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“Completion Certificate” shall mean the certificate issued by Project Engineer

certifying, inter alia, that the Contractor has executed the Works as per the
Construction Requirements.
“Construction Period” means the period commencing on the Commencement

Date till the Taking over Date.
“Construction Requirements” shall mean the requirements as to construction of

the Works as set out in Schedule 6.
"Contract Price" means the fixed sum of Rs. ___________ payable to the
Contractor in accordance with Schedule 3.
“Defects Liability Period” means a period of 12 months commencing from

Taking over Date.
“Drawings” shall mean all of the plans, manuals, drawings, designs, calculations,
samples, models and documents pertaining to the Works in connection with the
execution of the Works.
“Existing Works” shall have the meaning ascribed to it in Para 2 of Schedule 2
“Force Majeure” or “Force Majeure Event” means an act, event, condition, or

occurrence as specified in Article 12.
“GoK” shall mean Government of Kerala
“Good Industry Practice” means the exercise of that degree of skill, diligence,
prudence and foresight in compliance with the undertakings and obligations under
this Agreement which would reasonably and ordinarily be expected of a skilled
and an experienced person engaged in the implementation, operation and
maintenance or supervision or monitoring thereof of any of them of a project
similar to that of the Works.
“Material Adverse Effect” means a material adverse effect on (a) the ability of
the Contractor to exercise any of its rights or perform/discharge any of its
duties/obligations under and in accordance with the provisions of this Agreement
and/or (b) the legality, validity, binding nature or enforceability of this Agreement.
“Mobilization Advance” shall mean the initial advance payable by PWD to the
Contractor to the extent specified in Serial No 2A of Schedule 3.
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“Parties” shall mean the parties to this Agreement and “Party” means either of
them, as the context may admit or require.
“Performance Security” shall have the meaning ascribed thereto in Article 4.2.
“Person” shall mean (unless otherwise specified or required by the context), any
individual, company, corporation, partnership, joint venture, trust, unincorporated
organisation, government or government agency or any other legal entity.
“Project Engineer” shall mean a reputed Person appointed by PWD, for

supervision and monitoring of compliance by the Contractor with the Construction
Requirements, more particularly to undertake, perform, carry out the duties,
responsibilities, services and activities set forth in Schedule 5.
“Retention Money” shall mean the amount retained by PWD out of the Contract
Price, till the expiry of the Defects Liability Period, to the extant specified in Serial
no H in Schedule 3.
“Schedule of Payments” means the schedule of payments specified in Schedule 3.
“Scheduled Project Completion Date” means 18 months from the

Commencement Date, including such additional period by which Scheduled
Project Completion Date is extended pursuant to Section 5.2 of this Agreement.
“Site” means the immovable property of the description provided in Schedule 1 on

which the Works are required to be executed by the Contractor in accordance with
this Agreement.
“Stage Payments” shall mean the payments required to be made by PWD to the
Contractor upon completion of each stage of the Works in accordance with
Schedule 3
“Stage Completion Certificate” shall mean the certificate issued by the Project
Engineer in accordance with Article 7.1
“Taking Over Date” means the day on which Completion Certificate is issued by
the Project Engineer.
“Tax” shall mean and includes all taxes, cesses, duties, levies that may be payable
by the Contractor under Applicable Law.
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“Termination” shall mean early termination of this Agreement pursuant to

Termination Notice or otherwise in accordance with the provisions of this
Agreement but shall not, unless the context otherwise requires, include expiry of
this Agreement due to efflux of time in the normal course.
“Termination Date” shall mean the date specified in the Termination Notice as
the date on which Termination occurs.
“Termination Notice” shall mean the notice of Termination by either Party to the
other Party, in accordance with the applicable provisions of this Agreement.
“Tests” shall mean the tests specified in Part B of Schedule 6 to be carried out by
the Contractor in accordance with the Construction Requirements and if not
expressly specified, as instructed by the Project Engineer.
“Works” shall mean collectively the Existing Works and the Additional Works.
1.1 Interpretation
a. the words importing singular shall include plural and vice versa, and words
denoting natural persons shall include partnerships, firms, companies,
corporations, joint ventures, trusts, associations, organisations or other entities
(whether or not having a separate legal entity);
b. the headings are for convenience of reference only and shall not be used in, and
shall not affect, the construction or interpretation of this Agreement;
c. the words "include" and "including" are to be construed without limitation;
d. any reference to day, month or year shall mean a reference to a calendar day, 30
days or 365 days respectively;
e. the Schedules to this Agreement form an integral part of this Agreement as though
they were expressly set out in the body of this Agreement. In case of any
discrepancy between the Schedule and the body of the Agreement, the latter shall
prevail.
f. 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;
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g. references to recitals, Articles, sub-articles, clauses, or Schedules in this

Agreement shall, except where the context otherwise requires, be deemed to be
references to recitals, Articles, sub-articles, clauses and Schedules of or to this
Agreement;
h. any agreement, consent, approval, authorisation, notice, communication,

information or report required under or pursuant to this Agreement from or by any
Party shall be valid and effectual only if it is in writing under the hands of duly
authorised representative of such Party in this behalf and not otherwise;
i. 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.
ARTICLE 2
PWD’S RIGHTS AND OBLIGATIONS
2.1 Rights of PWD
In addition to any of the other rights under this Agreement, PWD shall have the
following rights:
a. to appoint Project Engineer within 30 days from the date hereof.
b. to terminate this Agreement, at any time, after giving 30 days prior notice to the
Contractor; and
c. to exercise such other rights as specified in this Agreement.
2.2 PWD’s Obligations
In addition to any of the other obligations under this Agreement, PWD shall have
the following obligations:
a. to deliver or cause to be delivered possession of the Site to the Contractor, within

30 days from the date hereof;
b. to pay Mobilization Advance to the Contractor;
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c. to make prompt payment of the Stage Payments/Contract Price in accordance with

Schedule 3 read with Article 7; and
d. to comply with and perform other obligations specified in this Agreement.
ARTICLE 3
PROJECT ENGINEER
3.1 Powers and Duties
In addition to any of his other powers and duties under this Agreement, the Project
Engineer shall have the powers and duties as set out in Schedule 5 of this
Agreement.
ARTICLE 4
CONTRACTOR’S OBLIGATIONS
4.1 In executing the Works, the Contractor shall at all times be in compliance with all
Applicable Law, follow Good Industry Practice and strictly adhere to Construction
Requirements.
4.2 Performance Security
(a) The Contractor shall, for due and punctual performance of its obligations under
this Agreement procure and furnish a bank guarantee from a scheduled bank
acceptable to PWD, in the form as set forth in Schedule 4, (“Performance
Security”2) for a sum of Rs. _________/- (Rupees ___________ Only) within 30
days hereof.
(b) The Performance Security shall be kept valid till expiry of the Defects Liability
Period.
Provided that if the Agreement is terminated due to any event other than a breach
or default by the Contractor, the Performance Security if subsisting as of the
Termination Date, shall, subject to PWD’s right to receive amounts, if any, due
from the Contractor under this Agreement, be duly discharged and released to the
Contractor.
2
Equal to the mobilisation advance to be paid to the Contractor
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4.3 Payment of Taxes and Compliance with Applicable Laws
The Contractor shall comply with Applicable Law and pay all Taxes and fees
required by Applicable Law.
The Contractor shall at their costs obtain all permits, licenses or approvals required
for execution of the whole or any part of the Works for otherwise fulfilling any of
its obligations under this Agreement.
4.4 Drawings
(a) Preparation of Drawings
(i) The Contractor shall prepare the Drawings, which are necessary for the
execution of the Works, which shall be in accordance with the Construction
Requirements.
(ii) All Drawings relating to the Works shall be subject to review by the Project
Engineer as hereinafter provided in the succeeding sub-article (b).
(b) Review of Drawings
(i) The Contractor shall promptly and in such sequence as is consistent with
the Construction Requirements, submit required number of copies of the
Drawings to the Project Engineer and PWD.
(ii) By forwarding the Drawings to the Project Engineer and PWD pursuant to
the preceding sub-article (i), the Contractor shall be deemed to have
represented that it has verified and determined that the Drawings forwarded
are in conformity with the Construction Requirements.
(iii) Within 15 days of receipt of the Drawings, Project Engineer shall review
the same taking into account, interalia, comments of PWD, if any, thereon,
and convey its comments/observations to the Contractor on the conformity
of Drawings with Construction Requirements. If the
comments/observations of the Project Engineer indicate that the Drawings
are not in conformity with the Construction Requirements, such Drawings
shall be revised by the Contractor to the extent necessary and resubmitted
to Project Engineer for further review. The Project Engineer shall give its
observations and comments, if any, within 15 (fifteen) days of receipt of
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such revised Drawings, which shall be taken into account by the Contractor
while finalising the Drawings.
(iv) If, within the period stipulated in the preceding sub-article (iii), the Project
Engineer does not respond to the Drawings submitted to it by the
Contractor, the Contractor shall be entitled to proceed with the Works on
the basis of such Drawings submitted by it to the Project Engineer.
(v) Notwithstanding any review or failure to review by or the
comments/observations of the Project Engineer or PWD, the Contractor
shall be solely responsible for the adequacy of the Drawings and their
conformity with the Construction Requirements, and shall not be relieved
or absolved in any manner whatsoever of any of its obligations as set forth
in this Agreement.
(vi) The Contractor shall be responsible for delays in meeting the Construction
Requirements caused by reason of any Drawings not being in conformity
with the Construction Requirements, and shall not be entitled to seek any
relief in that regard from PWD.
(vii) The Contractor shall in consultation with the Project Engineer finalise a
detailed implementation schedule for the Works.
(viii) For the issue of the Completion Certificate, the Contractor shall furnish to
PWD, "as-built" Drawings of the Works as per Construction Requirements.
(ix) The Contractor shall be responsible for any errors in the Drawings at all
times and shall correct/ rectify any defects or damage to the Works due to
such error at his cost.
4.5 Construction Works
a. Contractor shall carry out construction activities to complete the Works in

accordance with the Drawings finalised as per provisions of sub-article 4.4
b. The Works executed by the Contractor shall be wholly in accordance with the
Construction Requirements as set out in Schedule 6.
c. For the purposes of determining that the Works are being undertaken in accordance
with the Construction Requirements, the Contractor shall with due diligence carry
out all necessary and periodical Tests in accordance with the instructions and under
the supervision of the Project Engineer and the Construction Requirements. The
Contractor shall maintain proper record of such Tests and the remedial measures
taken to cure the defects or deficiencies, if any, indicated by the Test results.
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d. If the Tests are successful and a part or whole of the Works can be safely and
reliably opened for operation, the Project Engineer shall issue the Stage
Completion Certificates or Completion Certificate as the context may admit.
e. The Works shall be deemed to be complete and ready for operations only when the
Completion Certificate is issued by the Project Engineer in accordance with the
provisions hereof.
4.6 Inspection by Project Engineer
a. During the execution of the Works, the Contractor shall provide access to the
Project Engineer to inspect, examine and carry out Tests, and check the progress in
the execution of the Works.
b. The Contractor shall submit such documents and reports as are reasonably required
by the Project Engineer for issue of Stage Completion Certificate or Completion
Certificate.
c. The Contractor shall at its own cost make arrangements for adequate and timely
supply of electricity, water, gas and other utilities required for execution of the
Works and PWD shall be in no way responsible for the same.
d. During the Construction Period, the Contractor shall be responsible for keeping
unauthorised persons off the Site;
e. The Contractor shall not subcontract the whole or substantially the whole of the
Works. Where the Contractor subcontracts any part of the Works, they shall not be
relieved from any liability or obligation under this Agreement and the Contractor
shall be solely responsible for the acts, defaults and neglects of any subcontractor,
subcontractor’s agents, servants or workmen as fully as if they were the acts,
defaults or neglects of the Contractor.
4.7 Employees and Labour
a. The Contractor shall make his own arrangements for the engagement of the
employees and labour required for execution of the Works.
b. The Contractor shall pay rates of wages, and observe conditions of labour and
matters related thereto in accordance with Applicable Law.
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c. The Contractor shall provide and maintain all necessary accommodation and
welfare facilities for his (and his sub-contractors’) staff and labour and shall not
permit any of his employees or of his sub-contractors, as the case may be, to
maintain any temporary or permanent living quarters in the Site.
d. The Contractor shall employ adequate number of appropriately qualified, skilled

and experienced persons to execute the Works. The Project Engineer may require
the Contractor to remove any person employed on the Site or Works, who in the
opinion of the Project Engineer:
(i) persists in any misconduct,

(ii) is incompetent or negligent in the performance of his duties,
(iii) fails to conform with any provisions of the Agreement, or
(iv) persists in any conduct which is prejudicial to safety, health, or the
protection of the environment.
e. The Contractor shall at all times take reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst his staff and labour, and to
preserve peace and protection of Persons and property in the neighbourhood of the
Site against such conduct.
4.8 Environment and Safety
a. The Contractor shall comply with all applicable safety regulations in his design,
access arrangements and operations on the Site.
b. The Contractor shall take all reasonable steps to protect the environment (both on
and off the Site) and to limit damage and nuisance to people and property resulting
from pollution, noise and other results of his operations. The Contractor shall
ensure that air emissions, surface discharges and effluent from the Site, as a result
of his operations, shall not exceed the values prescribed by Applicable Law.
ARTICLE 5
COMMENCEMENT, DELAYS AND SUSPENSION
5.1 Upon occurrence of Commencement Date, the Contractor shall commence the
Works as soon as is reasonably possible and shall proceed to complete the Works
on or before the Scheduled Project Completion Date.
5.2 The Contractor shall be entitled to have the Scheduled Project Completion Date
extended where the delay in executing the Works by the Scheduled Project
Completion Date has occurred/likely to occur on account of a Variation under
Article 6, PWD’s default under Article 14 or PWD risk under Section 10.4.
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5.3 In the event of delay in executing and completing the Works by the Scheduled
Project Completion Date, the Contractor shall, pay to PWD, liquidated damages at
the rate of 0.5 % of the Contract Price per week, until receipt of the Completion
Certificate.
ARTICLE 6
VARIATIONS
6.1 PWD shall be entitled to suggest modifications or alterations to the Works

(“Variation”) at any time within 3 months from the Commencement Date. Where
Variation has become required as aforesaid, the Parties shall agree upon the revised
Contract Price payable by PWD consequent to such Variation and the consequent
changes to be made to the Stage Payments. Where such Variation results in an
increase in the scope of work, suitable extension of time shall also be granted by
PWD to the Contractor. Consequent to such extension, the Scheduled Project
Completion Date shall be extended by the same number of days by which
extension of time is granted on account of such Variation.
ARTICLE 7
PAYMENT OF CONTRACT PRICE AND COMPLETION CERTIFICATE
7.1 Stage Completion Certificate
a. Upon completion of each stage of the Works (including satisfactory completion of

Tests) for which a Stage Payment is envisaged in Schedule 3, the Contractor may
seek issuance of Stage Completion Certificate by the Project Engineer. The Project
Engineer shall promptly, and in any case within 7 days from the date of request
therefor, after satisfying themselves that the relevant stage has been completed,
issue such certificate.
b. Upon receipt of the Stage Completion Certificate, the Contractor shall make a
claim with PWD for the relevant Stage Payment. The claim for Stage Payment
shall be settled by PWD within 30 days of lodgement of claim by the Contractor.
Any delay by PWD in settling the claim within 30 days as aforesaid shall entail
payment of interest at 15% per annum on the amount claimed, for the duration of
delay.
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7.2 Completion Certificate
Upon completion of the Works (including satisfactory completion of Tests), the

Contractor may require the Project Engineer to issue Completion Certificate. The
Project Engineer shall promptly, in any case within 7 days from the date of request
therefor, after satisfying that the Works have been completed in accordance with
the Construction Requirements, issue Completion Certificate.
ARTICLE 8
TAKING OVER
8.1 On the Taking Over Date, the Contractor shall hand over the Site together with the
Works duly completed to PWD.
8.2 PWD shall not after the Taking Over Date, have any obligations whatsoever
including continuance or regularisation of employment, compensation for loss of
employment with respect to any person in the employment of or engaged by the
Contractor or sub-contractor.
ARTICLE 9
DEFECTS LIABILITY
9.1 If any defect or damage appears in any part of the Works and is noticed by PWD
during the Defect Liability Period, PWD shall be entitled to notify the Contractor in
writing of the same and require him to rectify, repair or remedy such defect or
damage.
9.2 On receipt of such notice, the Contractor shall promptly rectify, repair or remedy such
defect or damage within a period of 30 days from the date of notice or such additional
period as may be extended by PWD, at his own cost and risk.
9.3 If the defect or damage is such that it cannot be remedied expeditiously on the Site,
the Contractor may, with the consent of the Project Engineer, wherever possible,
remove from the Site for the purposes of rectification, repair or remedy such part
of the Works which is defective or damaged.
9.4 In case such damage or defect is not rectified, repaired or remedied within 30 days
from receipt of notice from PWD or such period as may be extended by PWD in
accordance with Section 9.2, PWD shall have the right to itself rectify, repair or
remedy such defect or damage and recover the cost thereof by deducting/
appropriating to the extent necessary the same from Retention Money and/or the
Performance Security.
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ARTICLE 10
RISK AND RESPONSIBILITY
10.1 Indemnity by Contractor
The Contractor shall indemnify and hold harmless PWD, the Project Engineer, and
their employees from and against all claims, damages, losses and expenses arising
out of or resulting from Contractor’s negligence or breach in execution of the
Works and any activity incidental thereto.
10.2 Contractor’s Care of the Works
The Contractor shall be responsible for the execution of the Works from the
Commencement Date until the Taking over Date.
If any loss or damage happens to the Works, arising from any cause other than
PWD's risks listed in Article 10.3, during the Construction Period, the Contractor
shall rectify such loss or damage, at his cost, so that the Works conform to the
Construction Requirements. The Contractor shall also be liable for any loss or
damage to the Works caused by any operations, if any, carried out by the
Contractor after the date of issue of the Completion Certificate.
10.3 PWD’s Risks
PWD's risks include riot, commotion or disorder or other similar event, caused by
the employees or representatives of PWD.
10.4 Consequences of PWD’s Risks
The Contractor shall give notice to the Project Engineer, of PWD's risk upon its
happening or being foreseen by, or becoming known to the Contractor. If any
PWD's risk results in loss or damage, the Contractor shall rectify such loss or
damage to the extent necessary to bring the Works to the condition before the
happening of the PWD risk, provided that the Contract Price shall be adjusted
suitably, to account for the cost incurred by the Contractor to bring the Works to
condition before the happening of PWD risk and such additional price would be
mutually agreed upon between the parties. The parties also agree to make suitable
changes in the to the remaining Stage Payments and suitable extension of time for
completion of the Works.
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ARTICLE 11
INSURANCE
11.1 Insurance
The Contractor shall, throughout the Construction Period, at its cost and expense,
purchase and maintain by due re-instatement or otherwise all the necessary
insurances required for the Works including but not limited to the following;
a. Construction All Risks cover for the Contract Price

b. Third Party Liability Cover (for a sum assured to be mutually agreed)
c. Employees Sickness and workmen’s compensation cover
d. Transit Insurance
The insurances shall not have any deductibles and would name PWD as the loss
payee.
11.2 General Requirements for Insurance
Each insurance policy shall be consistent with the general terms set out as part of
the Construction Requirements.
The Contractor shall at the time of availing the Mobilisation Advance as indicated
in Schedule 3, submit to PWD:
a. evidence that the insurances described in this Article have been effected, and
b. copies of the insurance policies;
When each premium has been paid, the Contractor shall submit copy of the
receipts to PWD. The Contractor shall, when providing such evidences/ copies of
receipts to PWD, simultaneously notify the Project Engineer of the same.
The Contractor shall comply with the conditions stipulated in each of the insurance
policies. The Contractor shall make no material alteration to the terms of any
insurance without the prior approval of PWD.
If the Contractor fails to effect and keep in force any of the insurances required
under the Agreement, or fails to provide satisfactory evidence, policies and receipts
in accordance with this Article, PWD may, without prejudice to any other right or
remedy, effect insurance for the coverage relevant to such default, and pay the
premiums due thereon. Such payments shall be recoverable from the Contractor by
PWD and/ or may be deducted by PWD from any monies due, or become due, to
the Contractor.
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Nothing in this Article shall limit the obligations, liabilities or responsibilities of

the Contractor or PWD, under the other terms of this Agreement or otherwise. Any
amounts not insured or not recovered from the insurers shall be borne by the
Contractor.
ARTICLE 12
FORCE MAJEURE
12.1 Force Majeure Event
Any of the following events resulting in Material Adverse Effect shall constitute
Force Majeure Event
a. earthquake, flood, inundation, landslide;

b. storm, tempest, hurricane, cyclone, lightning, thunder or other extreme
atmospheric disturbances;
c. fire caused by reasons not attributable to the Contractor or any of the employees,
contractors or agents appointed by the Contractor for purposes of the Works;
d. acts of terrorism;
e. war, hostilities (whether war be declared or not), invasion, act of foreign enemy,
rebellion, riots, weapon conflict or military action or civil war;
f. strikes, boycotts, labour disruptions or any other industrial disturbances not arising
on account of the acts or omissions of the Contractor or his employees.
12.2 Notice of Force Majeure Event
As soon as practicable and in any case within 7 days of the date of occurrence of a
Force Majeure Event or the date of knowledge thereof, the Contractor shall notify
PWD of the same setting out, inter alia, the following in reasonable detail:
a. the nature and extent of the Force Majeure Event;

b. the estimated Force Majeure Period;
c. the nature of and the extent to which, performance of any of its obligations under
this Agreement is affected by the Force Majeure Event.
d. the measures which the Contractor has taken or proposes to take to
alleviate/mitigate the impact of the Force Majeure Event and to resume
performance of such of its obligations affected thereby.
e. any other relevant information concerning the Force Majeure Event, and /or the
rights and obligations of the Parties under this Agreement.
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12.3 Performance of Obligations
If the Contractor is rendered wholly or partially unable to perform any of its

obligations under this Agreement because of a Force Majeure Event, it shall be
excused from performance of such obligations to the extent it is unable to perform
the same on account of such Force Majeure Event provided that:
a. due notice of the Force Majeure Event has been given to PWD as required by the
preceding Article 12.2.
b. the excuse from performance shall be of no greater scope and of no longer duration
than is necessitated by the Force Majeure Event;
c. the Contractor has taken all reasonable efforts to mitigate or limit damage, if any,
caused or is likely to be caused to the Works as a result of the Force Majeure
Event and to restore the Works, in accordance with the Good Industry Practice and
its relative obligations under this Agreement;
d. when the Contractor is able to resume performance of its obligations under this
Agreement, it shall give to the other Party written notice to that effect and shall
promptly resume performance of its obligations hereunder;
e. the Contractor shall continue to perform such of its obligations which are not
affected by the Force Majeure Event and which are capable of being performed in
accordance with this Agreement.
12.4 Payment to Contractor during Force Majeure
a. If, in consequence of Force Majored, the execution of Works is expected to result

in increase in the Contract Price the parties shall mutually agree upon such increase
and suitable changes would be made to the remaining Stage Payments, and suitable
extension of time granted to the Contractor for completion of the Works.
If the Parties are not able to reach an agreement on the Contract Price pursuant to
this sub-article or where the Force Majeure Event or its effect subsists for a
continuous period of 3 months, either PWD or the Contractor may give to the other
a notice of termination, which shall take effect 30 days after the giving of the
notice. If, by he end of the said 30-day period, no agreement is reached on the
Contract Price or if Force Majeure Event or its effect continues, the Agreement
shall stand terminated.
b. Such termination shall not affect any payment for which a Stage Completion
Certificate has already been issued by the Project Engineer. Further, at the time of
Termination, the Contractor shall be entitled to receive payment in respect of
Works to the extent completed, the value of which shall be determined by the
Project Engineer.
c. The Performance Security shall be returned to the Contractor upon such

Termination.
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ARTICLE 13
TERMINATION FOR CONTRACTOR’S DEFAULT
13.1 Notice to Correct
If the Contractor
a. fails to execute the Works in accordance with the Construction

Requirements; or
b. is otherwise in material breach of this Agreement
PWD may under advice to the Project Engineer give notice to the Contractor
requiring him to make good such failure and remedy the same within a specified
reasonable time, in any case not exceeding 30 days from the date of notification
pursuant to this sub-article.
13.2 Termination
If the Contractor:
a. fails to comply with a notice given by PWD under Article 13.1, without
adequate justification therefor; or
b. fails to obtain Completion Certificate within 90 days of the Scheduled Project
Completion Date.; or
c. abandons or repudiates the Agreement; or
d. becomes bankrupt or insolvent, goes into liquidation, or
e. if any act is done or event occurs which (under any Applicable Law) has a
similar effect to any of these acts or events, or
f. assigns this Agreement or create any encumbrance on the Site/ Works
then PWD may issue a Termination Notice of 15 days and at the expiry of such
period terminate the Agreement and appropriate the Performance Security.
13.3 Payment on Termination
The Termination shall not affect any payment for which a Stage Completion
Certificate has already been issued by the Project Engineer.
Provided that nothing in this Article 13.3 shall prejudice PWD’s right to
appropriate the Performance Security on Termination under this Article 13.
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ARTICLE 14
TERMINATION FOR PWD’S DEFAULT
14.1 PWD's Default
If PWD has :
a. Failed to deliver the Site within 90 days from the date hereof; or
b. Delayed making any Stage Payment to the Contractor within 90 days from the due
date of such payment; or
c. Is otherwise in material breach of this Agreement, then the Contractor may issue a
termination notice of 15 days and at the expiry of such period terminate this
Agreement and require PWD to return the Performance Security without any
deductions.
14.2 Payment on Termination
a. The Termination shall not affect any payment for which a Stage Completion
Certificate has already been issued by the Project Engineer.
b. Further, upon Termination, the Contractor shall be entitled to receive payment in

respect of Works to the extent completed as follows:
(i) In case of delay in delivery of Site – the Contractor shall be entitled to

retain and appropriate the Mobilisation Advance;
(ii) where the payment is delayed beyond a period of 60 days, the Contractor
shall without prejudice to his right to receive the Stage Payment due
together with interest thereon be also entitled to Terminate the contract, and
receive the next immediate Stage Payment.
ARTICLE 15
TERMINATION FOR CONVENIENCE
Where PWD Terminates this Agreement at their convenience pursuant to Article

2.1 (b), the Contractor shall be entitled to receive over and above any Stage
Payment for which Stage Completion Certificate has been issued and the next
immediate Stage Payment and return of the Performance Security duly discharged.
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ARTICLE 16
CONTRACTOR’S OBLIGATION ON TERMINATION
On Termination of this Agreement, the Contractor shall remove all his equipment,
employees and labour, debris and waste from the Site and shall hand over to PWD
the Site together with the Works to the extant completed on the date of
Termination.
The Contractor shall cease all further work, except for such work as may be
necessary and instructed by the Project Engineer for the purpose of making safe or
protecting those parts of the Works already executed, and any work required to
leave the Site in a clean and safe condition.
ARTICLE 17
DISPUTE RESOLUTION
17.1 Amicable Resolution
a. Save where expressly stated to the contrary in this Agreement, any dispute,
difference or controversy of whatever nature between the Parties, howsoever
arising under, out of or in relation to this Agreement (the "Dispute") shall in the
first instance be attempted to be resolved amicably in accordance with the
procedure set forth in sub-article (b) below.
b. Either Party may require such Dispute to be referred to the Secretary to

Government, Public Works Department and the Chief Executive Officer of the
Contractor for the time being, for amicable settlement. Upon such reference, the
two shall meet at the earliest mutual convenience and in any event within 15 days
of such reference to discuss and attempt to amicably resolve the Dispute. If the
Dispute is not amicably settled within 15 (fifteen) days of such meeting between
the two, either Party may refer the Dispute to arbitration in accordance with the
provisions of Article 17.2 below.
17.2 Arbitration
a. Procedure
Subject to the provisions of Article 17.1, any Dispute which is not resolved
amicably shall be finally settled by binding arbitration under the Arbitration and
Conciliation Act, 1996 (Arbitration Act). The arbitration shall be by a panel of
three arbitrators, one to be appointed by each Party and the third to be appointed by
the two arbitrators appointed by the Parties. The Party requiring arbitration shall
appoint an arbitrator in writing, inform the other Party about such appointment and
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Draft EPC Agreement
call upon the other Party to appoint its arbitrator. If within 15 days of receipt of
such intimation the other Party fails to appoint its arbitrator, the Party seeking
appointment of arbitrator may take further steps in accordance with Arbitration
Act.
b. Place of Arbitration
The place of arbitration shall ordinarily be Thiruvananthapuram but by agreement

of the Parties, the arbitration hearings, if required, may be held elsewhere.
c. English Language
The request for arbitration, the answer to the request, the terms of reference, any
written submissions, any orders and awards shall be in English and, if oral hearings
take place, English shall be the language to be used in the hearings. The award
shall be a speaking order.
d. Enforcement of Award
The Parties agree that the decision or award resulting from arbitration shall be final
and binding upon the Parties and shall be enforceable in accordance with the
provision of the Arbitration Act.
e. Performance during Arbitration
Pending the submission of and/or decision on a Dispute and until the arbitration
award is published, the Parties shall continue to perform their respective
obligations under this Agreement without prejudice to a final adjustment in
accordance with such award.
ARTICLE 18
REPRESENTATIONS AND WARRANTIES, DISCLAIMER
18.1 Representations and Warranties of the Contractor
The Contractor represents and warrants to PWD 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 hereby;
b. it has the financial standing and capacity to undertake the Works;
c. there are no actions, suits, proceedings or investigations pending or to the

Contractor's knowledge threatened against it at law or in equity before any court or
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Draft EPC Agreement
before any other judicial, quasi judicial or other authority, the outcome of which
may constitute Contractor’s Default within the meaning of Article 13.1 or which
individually or in the aggregate may result in Material Adverse Effect;
d. it has complied with all Applicable Laws 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;
e. no bribe or illegal gratification has been paid or will be paid in cash or kind by or
on behalf of the Contractor to any person to procure the right to execute the Works
pursuant to this Agreement .
f. Without prejudice to any express provision contained in this Agreement, 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 Site and the information provided by PWD, and has determined
to its satisfaction the nature and extent of risks and hazards as are likely to arise or
may be faced by the Contractor in the course of performance of its obligations
hereunder, such examination/ review having included but not limited to the
following:
a) the form and nature or the Site, including the sub-surface conditions,
b) the hydrological and climatic conditions,
c) the extent and nature of the obligations undertaken for execution of the
Works, and the remedying of any defects, and
d) the means of access to the Site
The Contractor also acknowledges and hereby accepts the risk of inadequacy,
mistake or error in or relating to any of the matters set forth above and hereby
confirms that PWD shall not be liable for the same in any manner whatsoever to
the Contractor.
18.2 Representations and Warranties of PWD
PWD represents and warrants to the Contractor that PWD has taken all necessary
action to authorise the execution, delivery and performance of this Agreement
18.3 Obligation to notify change
In the event that any of the representations or warranties made/given by a Party

ceases to be true or stands changed, the Party who had made such representation or
given such warranty shall promptly notify the other of the same.
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ARTICLE 19
MISCELLANEOUS
19.1 Assignment and Charges
a. The Contractor shall not assign in favour of any person this Agreement or the
rights, benefits and obligations hereunder save and except with prior consent of
PWD.
19.2 Interest and Right of Set Off
Any sum which becomes payable under any of the provisions of this Agreement by
one Party to the other Party shall, if the same be not paid within the time allowed
for payment thereof, shall be deemed to be a debt owed by the Party responsible
for payment thereof to the Party entitled to receive the same. Such sum shall until
payment thereof carry interest at 15% per annum from the due date for payment
thereof until the same is paid to or otherwise realised by the Party entitled to the
same. Without prejudice to any other right or remedy that may be available under
this Agreement or otherwise under law, the Party entitled to receive such amount
shall also have the right of set off.
Provided the stipulation regarding interest for delayed payments contained in this
Article 19.2 shall neither be deemed nor construed to authorise any delay in
payment of any amount due by a Party nor be deemed or construed to be a waiver
of the underlying breach of payment obligations.
19.3 Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India. The Courts at

Thiruvananthapuram shall have jurisdiction over all matters arising out of or
relating to this Agreement.
19.4 Waiver
a. 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:
(i) shall not operate or be construed as a waiver of any other or subsequent

default hereof or of other provisions or obligations under this Agreement;
(ii) shall not be effective unless it is in writing and executed by a duly
authorised representative of such Party; and
(iii) shall not affect the validity or enforceability of this Agreement in any
manner.
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b. 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
hereunder nor time or other indulgence granted by a Party to the other Party shall
be treated or deemed as waiver/breach of any terms, conditions or provisions of
this Agreement.
19.5 Survival
Termination of this Agreement (a) shall not relieve the Contractor or PWD of any
obligations already incurred hereunder which expressly or by implication survives
Termination hereof, and (b) except as otherwise provided in any provision of this
Agreement expressly limiting the liability of either Party, shall 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.
19.6 Amendments
This Agreement and the Schedules together constitute a complete and exclusive
understanding 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
agreed to by all the Parties hereto and evidenced in writing.
19.7 Notices
Unless otherwise stated, notices to be given under this Agreement including but
not limited to a notice of waiver of any term, breach of any term of this Agreement
and termination of this Agreement, shall be in writing and shall be given by hand
delivery, recognised international courier, mail, telex or facsimile transmission and
delivered or transmitted to the Parties at their respective addresses set forth below:
If to PWD
Secretary, Public Works Department

--------------------------------------------------------
Fax No. ---------------------------------------------
If to the Contractor
------------------------------------------
-----------------------------------------------------
-----------------------------------------------------.
Fax No. ------------------------------------------
Or such address, telex number, or facsimile number as may be duly notified by the
respective Parties from time to time, and shall be deemed to have been made or
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delivered (i) in the case of any communication made by letter, when delivered by
hand, by recognised international courier or by mail (registered, return receipt
requested) at that address and (ii) in the case of any communication made by telex
or facsimile, when transmitted properly addressed to such telex number or
facsimile number.
19.8 Severability
If for any reason whatsoever 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 shall negotiate in good faith with a view to agreeing
upon one or more provisions which may be substituted for such invalid,
unenforceable or illegal provisions, as nearly as is practicable. Provided failure to
agree upon any such provisions shall not be subject to dispute resolution under this
Agreement or otherwise.
19.9 No Partnership
Nothing contained in this Agreement shall be construed or interpreted as

constituting a partnership between the Parties. Neither Party shall have any
authority to bind the other in any manner whatsoever.
19.10 Language
All notices required to be given under this Agreement and all communications;
documentation and proceedings which are in any way relevant to this Agreement
shall be in writing and in English language.
19.11 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 any Party not contained in a binding
legal agreement executed by the Parties.
19.12 Counterparts
This Agreement may be executed in two counterparts, each of which when

executed and delivered shall constitute an original of this Agreement but shall
together constitute one and only the Agreement.
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IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED SEALED AND DELIVERED
For and on behalf of PWD by

(Signature)
(Name)
(Designation)
SIGNED, SEALED AND DELIVERED
For and on behalf of CONTRACTOR by:

In the presence of.
1)
2)
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Draft EPC Agreement
SCHEDULE 1
SITE DETAILS
1. Site Details
A site plan with contour details of the site is enclosed as Enclosure 1.
2. Soil Investigation Report
A soil investigation report for Tagore Cultural Centre is enclosed as Enclosure 2.
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SCHEDULE 2
WORKS
1 Introduction
Tagore Cultural Centre is located north of Vazhuthacad Junction, on the eastern

side of the road to Vellayambalam in the city of Thiruvananthapuram, Kerala. The
total area of the plot is about 6 acres. The complex has an auditorium, constructed
in the year 1965 with a plinth area of approximately 2480 sqm and has a seating
capacity for 1245 persons. The seating plan of the auditorium comprises the main
hall area and a balcony area overlooking the stage. The auditorium is presently
used for hosting dramas, plays, screening of films and other cultural activities.
Tagore Cultural Centre is proposed to be developed as a modern state-of -the art

cultural centre with facilities to host simultaneously several activities related to arts
and culture, with properly landscaped entire area and facilities. The facilities
identified to meet the aforementioned include renovation of the existing auditorium
including conversion of this existing auditorium into two numbers of auditoria by
converting the existing balcony into a new auditorium. Other major development
activities include a new auditorium, an amphitheatre (open air auditorium) and a
convention centre/ art gallery.
2 Existing Works
2.1 Upgradation of Existing Works
The upgradation of Existing Works would include the following:
a. Landscaping for the Site

b. Redevelopment of the existing auditorium into 2 auditoria as follows
(i) Ground floor of the existing auditorium into a Main Auditorium with a
capacity for seating 1000 persons
(ii) Redevelopment of the balcony of the existing auditorium into a Mini

Auditorium with a capacity for seating 200 persons.
Drawings related to Existing Works are enclosed as follows
Enclosure 3 Architectural Plan

Enclosure 4 Architectural Elevations and Sections
Enclosure 5 Main Auditorium Layout and Existing Facilities
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(Ground Floor Plan)

Enclosure 6 Mini Auditorium Layout and Existing Facilities
(First Floor Plan)
Enclosure 7 Main Auditorium - Proposed Ground Floor Plan
Enclosure 8 Mini Auditorium No. 1 - Proposed First Floor
Plan
2.2 Details of Existing Works
2.2.1 Layout Development
(a) The Contractor shall develop landscaping, internal roads with paving and parking
areas within the Site.
(b) On one side of the existing auditorium, the areas could be extended to
accommodate supporting function servicing areas (North side). On the South side,
the corridor could be expanded to accommodate a conference room/ art gallery
along the length of the auditorium.
(c) Further south of the art gallery, at the south east end of the site, the conference
room/ art gallery would lead to an open air theatre and further to a second mini
auditorium through an urban street. The slope of the open air theatre would follow
the contour of the site while the second mini auditorium would be partially
underground, rising approximately 3 m above the ground.
(d) The overall composition would thus tie up the main entrance of the Tagore
Cultural Centre, through an urban street to the terraces, which allow the visitor to
walk all the way to the pavement outside.
(e) A covered entrance would be added to the auditorium, the roof of which would
allow independent exit from the small theatre at the upper level. Thus, the two
auditoria could function independent of each other.
2.2.2 Auditoria Development
a. Renovation of Existing auditorium
(i) The present building construction is considered structurally stable for the
modifications being proposed and may not require any major alterations.
However, structural alterations necessary for conversion of existing balcony
area by expanding and renovating it into a new auditorium, new art gallery/
conference room, provision of air-conditioning ducting and services would
require civil construction activities.
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Draft EPC Agreement
(ii) A false floor could be required for the mini auditorium as the present angle of
the balcony is very steep3.
(iii) The external facade of the auditorium would be remodelled and given a
facelift to make it of contemporary design, its presence and the interior
would need to undergo complete renovation to create a state-of-the-art
condition vis-à-vis lighting, acoustics, setting of the air conditioning, stage
and overall ambience, green rooms and VIP rooms.
(iv) If required, the transformer and sub-station could be moved from the existing
prime location to the secondary spaces at the Southern edge of the plot.
(v) The area underneath the conference room/ art gallery could also be used as a
space to accommodate the air-conditioning plant and other service equipment
for the auditorium.
(vi) The roof of the auditorium, at present is of asbestos and can be changed to
with a more environmental friendly material having thermal insulating
characteristics. It is, therefore, proposed that the existing asbestos roof be
replaced with a insulated sandwich metal deck roofing system to reduce the
cooling load.
(vii) Pre-coated metal sheets covering are proposed for the roof of the auditorium,
however, the material would be in line with the technical specifications
required to meet the thermal insulation characteristics.
(viii) Further, wooden windows on the wall facing North (main entrance side) need
comprehensive façade improvement.
(ix) It is proposed that the access to the auditorium area is limited from the main
entrance (North side) only.
b. Specific Facilities for the Main Auditorium
The key highlights for renovation and up gradation of the main auditorium are as
follows.
i. Lobby improvement
To improve the aesthetics the entrance and entrance lobby of the auditorium
requires renovation. At present, the number of doors provided as Exits are nine. As
3
It was planned for viewing of the main stage
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Draft EPC Agreement
per the National Building Code two main doors with another two doors on either
side would satisfy the norms and this arrangement would also make it easier for
acoustic treatment of the Main Auditorium. The doors to aisles would, therefore, be
used only as exits only.
ii. Public facilities
All the existing toilets would require renovation and expansion. Further, office
toilets and VIP area toilets would need substantial renovation.
iii. Stage area improvement
The existing wooden flooring on stage needs to be re-done. In the present

arrangement of the stage it is seen that the orchestra pit in front of the stage is
unutilised. This space can be put to better use by extending the stage in front. The
false ceiling above stage is to be dismantled so that additional height is made
available to allow for special effects or other fixtures to be suspended from ceiling.
iv. Separation of office areas
The office areas/VIP lounge area can be segregated from the auditorium area. The
entrance on the west side could be used only for offices.
v. VIP area and access
The VIP Lounge is proposed to be re-located in North east corner for better
access/location.
vi. Additional Facilities
Facilities like refreshment counters, advertisement areas, may be provided on

ground floor and first floor of the auditorium.
vii. Air Conditioning
The Tagore Auditorium does not have a proper indoor climate control system.
Entire auditorium is served by two nos. terrace mounted axial type exhaust fans,
which exhaust air from the balcony areas. Outdoor air enters the auditorium
through open doors.
It is recommended that a common centralised air-conditioning system for the two

auditoria, stage areas and projection rooms is recommended to be installed. Two
air-conditioning zones will be provided. One air-conditioning zone will serve the
present ground floor of the auditorium. The other air-conditioning zone will serve
the new mini auditorium, intended to be carved out of the existing balcony.
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The air-conditioning system would be required to maintain comfortable indoor

environmental conditions at all times of the year, and at all occupancy levels. The
type of system / equipment to be selected with a view of reducing energy
consumption of the air-conditioning system.
viii Facilities for performances
The auditorium would be with modern facilities for public, state-of-the-art

facilities for organising stage shows, music, theatre performances and playing
movies and air conditioning facilities. Further details of equipment to be installed
in the Control Room of the Auditoria, stage and audience areas are provided in
Schedule 6.
b. Specific Facilities for the Mini Auditorium No. 1
The mini auditorium could cater to small shows requiring a seating capacity of
about 200 persons. At present, the balcony area has a very steep viewing angle and
would need to be corrected. Based on the space requirement, it is proposed that the
existing ramp of the balcony and the staircase leading to second floor of the
existing auditorium are modified to develop the mini auditorium.
The existing balcony could be extended to provide for a stage, keeping in mind
non-interference in the line of vision of the main auditorium. The total space could
be used judiciously for the mini auditorium and a lobby in front of the mini
auditorium.
The facilities to be developed at the Mini Auditorium No.1 would be similar to

those developed for the Main Auditorium.
3. Additional Works:
3.1 Construction of Additional Works
Construction of Additional Works would include the following:

a. Development of a new mini auditorium with capacity for seating 200 persons
b. An open air auditorium (amphitheatre)
c. Conference facility-cum-exhibition space and small conference facility

alongside the existing auditorium
d. Built up space for a restaurant and handicraft shops
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Drawings related to Additional Works are enclosed as follows
Enclosure 9 Podium Area at Level 1

Enclosure 12 Area Statement for Works
3.2 New Mini Auditorium No.2
The third auditorium would be developed at the southeast end of the site, catering
to a seating capacity of around 200 people. This auditorium would be used for
performing arts/ cultural shows and as a convention centre with modern state of the
art facilities for organising stage shows, music, theatre performances and playing
movies and air conditioning facilities.
The second mini auditorium would be an independent building with a separate

entrance and exit, not connected to the existing auditorium.
The facilities to be developed at the Mini Auditorium No.1 would be similar to

those developed for the Main Auditorium.
3.3 Open Air Auditorium
An open air auditorium at the south east side of the site would be developed for
performing arts/ cultural shows, with stepped sitting arrangment and flood lighting
faciliity.
3.4 Conference Centre cum Exhibition Space
The conference facility cum exhibition space would provide modern state of the art
facilities for holding meetings/ conferences complete with the required furniture
and equipment. The exhibition space would provide necessary facilities eg. Focus
lights and other facilities for holding exhibitions of artworks.
3.5 Restaurant and Handicrafts Shops
Restaurant and handicraft shops would be developed in the area adjoining the main
road. The area would require extensive landscaping using new terraced
construction to allow free movement of people from the main road.
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SCHEDULE 3
CONTRACT PRICE AND PAYMENT TERMS
1. Contract Price: The Contract Price for the Works is Rs. _________ lakhs.
2. The Schedule of payment shall be as under:
S. Description % of Contract Conditions to be fulfilled

No Price
A. Mobilisation Advance 10% Ø Performance Security to be
furnished
Ø Submission of insurance
certificates
S. Stage % of Contract Conditions to be fulfilled
No Price
B. Existing Works for Main
Auditorium
B1. On submission of Civil and 5% Ø Stage payment certificate to
Architectural Drawings required be furnished
for redevelopment of Main
Auditorium, Mini Auditorium No.
1 and Conference/ Exhibition
Area
B2. On completion of Stage, 10% Ø Stage payment certificate to
Accoustics and Seating Works for be furnished
Main Auditorium
B3. On completion of Air - 10% Ø Stage payment certificate to
conditioning Works for Main be furnished
Auditorium
B4. On completion of all balance 10% Ø Stage payment certificate to
work including audio system, be furnished
control room equipment, lighting
system for Main Auditorium
C. Existing Works for Mini
Auditorium No. 1
C1. On completion of Civil Works for 5% Ø Stage payment certificate to
Mini Auditorium No. 1 be furnished
C2. On completion of Stage, 3% Ø Stage payment certificate to
Accoustics and Seating Works for be furnished
Mini Auditorium No. 1
C3. On completion of Air- 3% Ø Stage payment certificate to
conditioning Works for Mini be furnished
Auditorium No. 1
C4. On completion of all balance 5% Ø Stage payment certificate to
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S. Description % of Contract Conditions to be fulfilled

No Price
system for Mini Auditorium No. 1
D. Additional Works for Mini
Auditorium No. 2
D1. On submission of Civil and 2% Ø Stage payment certificate to
Architectural Drawings be furnished
D2. On completion of Civil Works for 5% Ø Stage payment certificate to
Mini Auditorium No. 2 be furnished
D3. On completion of Stage, 3% Ø Stage payment certificate to
Acoustics and Seating Works for be furnished
Mini Auditorium No. 2
D4. On completion of Air - 3% Ø Stage payment certificate to
conditioning Works for Mini be furnished
Auditorium No. 2
D5. On completion of all balance 6% Ø Stage payment certificate to
system for Mini Auditorium No. 2
E Additional Works for
Conference Centre
E1. On completion of Civil Works 2% Ø Stage payment certificate to
and architectural works for be furnished
Conference / Exhibition Area
E2. On completion of air- 3% Ø Stage payment certificate to
conditioning, audio system, be furnished
system Work
F Additional Works for
Handicrafts Area
F1. On submission of Civil and 2% Ø Stage payment certificate to
Architectural Drawings be furnished
F2. On completion of Civil and 3% Ø Stage payment certificate to
Architectural Works be furnished
G. On completion of layout 10% Ø Completion certificate to be
development, roads, pavements furnished
at the Tagore Cultural Centre
H. Retention Money 2.5% of each Stage Payment
would be deducted and the total
would be released after the
Defect Liability Period
Total 100%
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SCHEDULE 4
PERFORMANCE SECURITY
(PROFORMA OF BANK GUARANTEE)4
THIS DEED OF GUARANTEE executed on this the ---- day of ----- at ------ by ----------
-------------------------------- (Name of the Bank) having its Head/Registered office at -------
------------------------------------------------------------ hereinafter referred to as “the
Guarantor” which expression shall unless it be repugnant to the subject or context thereof
include successors and assigns;
In favour of
The Governor of Kerala acting through the Secretary, Public Works Department,
Government of Kerala, having its office at South Block, Secretariat, Thiruvananthapuram-
695001, (hereinafter referred to as “PWD”) which expression shall, unless repugnant to
the context or meaning thereof include its administrators, successors or assigns.
WHEREAS
A. By the Engineering Procurement Construction (“EPC”) Agreement dated ----------------

--- entered into between PWD and M/s, --------who has been granted the permission to
construct Tagore Cultural Centre in the state of Kerala
B. The Contractor is required to furnish to PWD, an unconditional and irrevocable bank

guarantee for an amount of Rs. -------------------as security for due and punctual
performance/discharge of its obligations under the EPC Agreement during the
Construction Period and Defects Liability Period,
C. At the request of the Contractor, the Guarantor has agreed to provide guarantee, being
these presents guaranteeing the due and punctual performance/discharge by the
Company of its obligations under the EPC Agreement during the Construction Period
and Defects Liability Period
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:
1. Capitalised terms used herein but not defined shall have the meaning assigned to them
respectively in the EPC Agreement.
2. The Guarantor hereby irrevocably guarantees the due and punctual performance by
M/s. __________________(hereinafter called “the Contractor”) of all its obligations
under the EPC Agreement during the Construction Period and Defects Liability Period
4
To be issued by a Scheduled Bank in India
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Draft EPC Agreement
3. The Guarantor shall, without demur, pay to PWD sums not exceeding in aggregate
Rs.-----------------within five (5) calendar days of receipt of a written demand therefor
from PWD stating that the Contractor has failed to meet his performance obligations
under the EPC Agreement during the Construction Period and Defects Liability
Period. The Guarantor shall not go into the veracity of any breach or failure on the
part of the Contractor or validity of demand so made by PWD and shall pay the
amount specified in the demand notwithstanding any direction to the contrary given or
any dispute whatsoever raised by the Contractor or any other Person. The Guarantor’s
obligations hereunder shall subsist until all such demands are duly met and discharged
in accordance with the provisions hereof.
4. In order to give effect to this Guarantee, PWD shall be entitled to treat the Guarantor
as the principal debtor. The obligations of the Guarantor shall not be affected by any
variations in the terms and conditions of the EPC Agreement or other documents or by
the extension of time for performance granted to the Contractor or postponement/non
exercise/ delayed exercise of any of its rights by PWD or any indulgence shown by
PWD to the Contractor and the Guarantor shall not be relieved from its obligations
under this Guarantee on account of any such variation, extension, postponement, non
exercise, delayed exercise of any of its rights by PWD or any indulgence shown by
PWD provided nothing contained herein shall enlarge the Guarantor’s obligation
hereunder.
5. This Guarantee shall be irrevocable and shall remain in full force and effect until
______unless discharged/released earlier by PWD in accordance with the provisions
of the EPC Agreement. The Guarantor’s liability in aggregate be limited to a sum of
Rs. ______________
6. This Guarantee shall not be affected by any change in the constitution or winding up of
the Contractor/the Guarantor or any absorption, merger or amalgamation of the
Contractor/the Guarantor with any other Person.
7. The Guarantor has power to issue this guarantee and discharge the obligations
contemplated herein, and the undersigned is duly authorised to execute this Guarantee
pursuant to the power granted under ______________.
IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO

ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN.
SIGNED AND DELIVERED by ------------ Bank by the hand of

Shri --------------------------
its -------------- and authorised official.
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Draft EPC Agreement
SCHEDULE 5
SCOPE OF WORK OF PROJECT ENGINEER
1. Role of the Project Engineer
The Project Engineer is expected to play a positive and independent role in

discharging its functions, thereby facilitating the smooth execution of the Works.
Broadly, the role of the Project Engineer is to:
(a) independently review, monitor and where required by the Agreement, to approve
activities associated with the design and construction of the Works to ensure
compliance by the Contractor with Construction Requirements,
(b) report to the Parties on the various physical, technical and financial aspects of the
Works based on inspections, site visits and Tests,
(c) assist the Parties in arriving at an amicable settlement of disputes, should the need
arise, and
(d) review matters related to safety measures adopted by the Contractor for the Works.
2. Scope of Services
The services to be provided by the Project Engineer are listed below. In addition, the
scope of services would also include such other functions as are required to be
undertaken pursuant to specific provisions of the Agreement.
2.1 Design and Planning
(a) Project Engineer shall review the Drawings to ensure conformity with Construction
Requirements.
(b) Project Engineer shall review the following submitted by the Contractor:
(i) Quality Assurance Plan;

(ii) Implementation Plan;
(iii) Condition Survey of the existing auditorium and other construction in the Site
2.2 Construction
The Project Engineer would monitor, in accordance with Good Industry Practice,
the progress in execution of the Works and ensure compliance with the
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Draft EPC Agreement
Construction Requirements. For this purpose the Project Engineer shall undertake,
interalia, the following activities and where appropriate make suitable suggestions:
a. monitor the progress in execution of the Works based on the Implementation Plan
submitted by the Contractor;
b. review and approve the material testing and mix designs results and recommend
special tests, where required, for materials and/or completed works, require
removal/substitution of unsuitable materials and /or works and report deficiencies
in respect of the same to PWD;
c. review and monitor the quality assurance and quality control procedures followed
by the Contractor;
d. review the manpower and equipment deployed by the Contractor;
e. monitor the Works for conformity with Construction Requirements;
f. verify the ‘as-built’ drawings for each component of the works prepared by the
Contractor and require removal of deficiencies found therein;
g. review the safety measures executed;
h. require, monitor and review the results of Tests to be carried out by the Contractor
in accordance with the Construction Requirements;
i. require suspension of whole or any part of the construction of Works if in its
reasonable opinion the same does not conform to the Construction Requirements;
j. issue Stage Completion Certificate and Completion Certificate in accordance with
the applicable provisions of the Agreement
2.4 Breach of Obligations
If during the course or upon review / inspection undertaken by the Project Engineer
or otherwise, it transpires that either of the Parties is in breach/ default of any of its
obligations under the Agreement, the Project Engineer shall, under intimation to the
other Party, require the defaulting Party to remedy such breach/ default within such
time and in such manner as the Project Engineer may deem fit and in each case the
same shall be recorded.
2.5 Meetings, Records and Reporting
a. The Project Engineer would be required to participate in the Works review meetings
for execution of the Works held from time to time by the Parties, which are
ordinarily expected to be held once a month during the Implementation Period as
also to participate in emergency or extra-ordinary meetings of the Parties held to
deal with any emergency, Force Majeure Event or other exigencies.
b. The Project Engineer shall, in the ordinary course, maintain record of the activities
undertaken by it in discharge of its functions and responsibilities. This would
include records in respect of the following:
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Draft EPC Agreement
(i) Manpower deployed and other organisational arrangements of the Project Engineer;
(ii) Reviews of Drawings submitted to it by the Contractor to meet Construction
Requirements;
(iii) Inspections undertaken and notices/ instructions issued to the Contractor;
(iv) Review of compliance with Construction Requirements;
(v) Tests;
(vi) Emergency (including accidents);
(vii) Force Majeure Events;
(viii) Breaches and defaults by the Parties; and
c. The Project Engineer would be required to review the following reports as set out
below:
(i) Monthly Progress Report

(ii) Report on Tests and report on notices Issued
(iii) Any supplemental or special report that may be considered necessary by the Project
Engineer (including Emergency, Force Majeure, and breach of obligations).
(iv) Any other report as may be reasonably required by PWD or as may be necessary to
give effect to the provisions of the Agreement.
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Draft EPC Agreement
SCHEDULE 6
CONSTRUCTION REQUIREMENTS
A. Technical Specifications Data Sheet
1. General Requirements
1.1 The specifications cover the following areas:
a. Development of landscaping, internal roads and parking areas
b. Three Auditoria for performing arts such as dance, theatre, music and films as set
out below:
(i) Renovation of existing Tagore Auditorium into modern, state-of-the-art

auditoria with seating capacity for 1000 persons (referred as “Main
Auditorium”)
(ii) Renovation of balcony of existing Tagore Auditorium into modern, state-of-

the-art auditoria with seating capacity for 200 persons (referred as “Mini
Auditorium No. 1”)
(iii) Development of a new state-of-the-art auditorium with seating capacity for

200 persons at location marked in the provided Enclosures (referred as "Mini
Auditorium No. 2").
c. Development of a conference room/ art gallery around the existing auditorium
d. A new open air auditorium with seating capacity of 200 persons at location marked
in the provided Enclosures as Enclosure 4.
e. Food Court, Restaurant & Handicrafts area
1.2 The specifications broadly cover the design, manufacture, construction, inspection,
testing, storing and handling at Site, erection, commissioning and carrying out
Tests at Site of the Works.
1.3 The Works should conform to the Construction Requirements set out in this
Schedule and shall confirm to the latest revisions of National Building Code and
Kerala Municipality Building Rules, 1999.
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Draft EPC Agreement
1.4 It is not the intent to specify completely herein, all the details of design and
construction of the equipment / system. However, the equipment shall conform, in
all respects, to high standards of engineering, design and workmanship and be
capable of performing in continuous commercial operation upto the Contractors'
guarantee in a manner acceptable to the PWD, who will interpret the meaning of
drawings and specifications and shall have the power to reject any specifications
and the power to reject any work or materials, which, in his judgement, are not in
full accordance therewith.
1.5 Quantities, sizes and capacities of various equipment mentioned in this

specification are for Contractors' guidance only. Contractor shall carefully check
the above mentioned details while selecting and offering the equipment.
1.6 The extent of supply under this Agreement includes all items shown as part of
Construction Requirements. Also such of those items not specifically forming part
of the Construction Requirements, but which are required to complete the intent of
the Agreement shall also be deemed to be part of the Construction Requirements.
1.7 It shall be the responsibility of the Contractor to obtain all statutory clearances
required.
1.8 Wherever specific makes of materials are not mentioned, the makes should be
those approved by Bureau of Indian Standards (BIS)
2. Technical Submissions
Technical Submission (including any alteration/ modification/ changes in the

Technical Submission) of the Successful Bidder would form part of the Construction
Requirements and would broadly cover the following details.
2.1 Architectural Plans for the Project comprising:
a. overall concept plan including landscaping

b. individual building plans
c. sectional views
d. physical 3D model of the project
e. computerised 3D virtual walk through of proposed development
2.2 detailed structural/ re-development designs (including equipment specifications and

installation plans), based on the output specifications provided by GoK as part of the
Draft EPC Agreement
2.3 detailed estimates of quantities/ materials and detailed technical specifications

related to major equipment and materials to be used.
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Draft EPC Agreement
2.4 Implementation plan
2.5 Acceptance of the requirements set out in the Draft EPC Agreement
3. Layout Development
3.1 The Contractor should provide landscaping, internal roads and parking areas within
the Site.
3.2 The internal paving to be a combination of black top road, concrete paving blocks,
interlocking paving blocks, landscaped garden and green area.
3.3 The existing parking area with green cover should be largely protected. Parking
provision should be provided for a minimum of 200 vehicles.
3.4 All internal roads for vehicular traffic should be two lane and at least 6 m wide.
4. Construction and Renovation of Auditoria and Other Buildings including

Amphitheatre, Conference Room/ Arts Gallery and Restaurant & Handicrafts
Area
4.1 Civil and Structural Requirements
a. The building should be of RCC framed structure with column free auditorium
space. The cladding should be of brick masonry supported on RCC wall beams
and plinth beams. The roof of the building should be structural truss / tubes
covered with MS sheet or any suitable material. Staircases should be of RCC
construction.
b. All main walls shall be min. 230 mm thick brickwork or 200 mm solid concrete
walls. Higher thickness of walls shall be adopted, if required from acoustics/ other
consideration.
c. All external faces of walls and RC members shall be provided with 20 mm thick
cement mortar plastering in CM 1:5. All internal faces of walls shall be provided
with 12 mm thick plaster in CM 1:5. RCC ceiling, if any, shall be provided with 6
mm thick plaster in CM 1:4. Roof shall be treated with bitumen felt water-
proofing as per IS-1346. Underground sump shall be of RCC construction.
d. The air-conditioned areas shall have false ceiling.
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Draft EPC Agreement
e. The building shall be designed in accordance with the latest Indian Standard Codes
and shall be designed to resist wind and seismic forces.
f. RCC structures shall be designed as per IS 456 : 2000 using limit state method.
g. Minimum grade of concrete used shall be M25. Ordinary portland cement of

Grade-43 conforming to IS-8112 shall be used.
h. Reinforcement bars will be high yield strength deformed bars of grade Fe-415
conforming to IS-1786.
i. Steel structure shall be designed in accordance with provisions of IS 800 - 1984.

Structural steel shall conform to IS-2062. Tubular sections shall conform to IS-
4923. Gr. Yst-240.
j. Structure will be designed for the most critical combination of loads.
k. Contractor is advised to carry out its own tests/ investigations related to soil
quality/ profile.
4.2 Specifications for Roads and Drains
a. The surface shall be thoroughly cleaned to obtain a densely compacted surface.

Sub-base shall consist of 200 mm thick crushed stone aggregate, compacted in two
numbers of 100mm thick each layer. Base course shall consist of 100 mm thick
compacted water bound macadam. Over this 50 thick bitumen premix carpet shall
be provided with a camber of 1: 60 on either side. A typical 10 m wide road shall
comprise 7 m clear bituminous carriage way with 1.5 m shoulders (pathway) on
either side. Shoulders shall be provided with 150 mm x600 mm kerbstones towards
the road and drains on the other side. Top surface of pathways shall be provided
with interlocking saviors, supported on sand cushion. A scupper drain shall be
provided at every 10 meter interval from the edge of the road/kerb stone and
connected to the drain.
b. Rain/Storm water shall be drained with a network of RCC drains and shall be
finally disposed to the nearby municipal storm water drain. Drains shall be covered
with pre-cast RCC slabs or mild steel gratings.
c. A suitable arrangement for carrying the sewage shall be designed using the
stoneware pipes and sewage shall be disposed to the nearby municipal sewer line.
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Draft EPC Agreement
4.3 Architectural Works
a. Finishes:
i. The minimum quality of finishes used for various building areas are furnished in
this section.
ii. However, the Contractor would be free to suggest and select in consultation with
Project Engineer alternative material, which can meet similar requirements of
durability, texture, abrasion, corrosion and moisture absorption.
b. Flooring
The nominal total thickness of floor finish shall be 50 mm including under bed
and topping. The flooring shall be laid on already matured concrete base. The
under bed for floors shall consist of cement concrete 1:2:4 with stone chips 12.5
mm down graded as coarse aggregates. The under bed shall be provided with
appropriate slope towards catch pit for floor drainage.
i. IPS flooring
IPS (cement concrete flooring) with metallic floor hardener topping 12 mm thick
with a total thickness of 50 mm shall be provided in maintenance areas where
heavy duty flooring is required.
IPS flooring with non-metallic floor hardener shall be provided in all MCC and
switchgear rooms, which are not air-conditioned.
ii Heavy duty ceramic tiles

Heavy-duty ceramic tiles with matt finish shall be used in toilets, locker rooms
etc. The tiles shall be 300x300x7 mm of approved makes.
iii Granite Flooring

20 mm thick 900x900 machine cut machine polished granite flooring shall be
used in entrance lobbies and VIP rooms. The tiles shall be of approved makes.
c. Skirting / Dado
i. 150 mm skirting matching with floor finish shall be provided in all areas unless
specified otherwise elsewhere.
ii. Toilets & green rooms shall be provided with dado of 2100 mm high with
ceramic tiles of minimum 5 mm thickness as per IS:777.
iii. Entrance lobby and lift area shall be provided with granite tile dado to a height
upto 2100 mm height.
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Draft EPC Agreement
d. Plastering
i. For sand cement plaster, sand and cement in the specified proportion shall be
mixed dry on a water tight platform and minimum water added to achieve
working consistency.
ii. External face of all walls shall be provided with 18 mm thick cement mortar
plastering with an under layer 12 mm thick in CM 1:6 and top second layer
(Thickness 6 mm) thick layer in CM 1:4 with approved water proofing
compound.
iii. For internal walls 18 thick plaster in CM 1:6 shall be provided on the uneven side
of the wall and 12 mm thick plaster in CM 1:6 on the even side of the wall.
iv. Inside surfaces of walls shall be provided with 2 mm thick Plaster of Paris
punning over the plastered surfaces in office areas, entrance lobby, corridor,
control equipment room and all other air conditioned areas.
v. Ceiling of all buildings shall be given 6 mm thick cement sand plaster 1:4
vi. All plastering work in general shall conform to IS:1661.
vii. Internal plastering on walls shall be done to cover surfaces from skirting level to
bottom of roof slab in all areas including areas where false ceiling is provided.
viii. All drips, grooves, mouldings, and cornices shall be done with special care to
maintain true lines, levels and profiles. After the plastering work is completed, all
debris shall be removed and the area left clean.
ix. Neat cement finish: After achieving a true plastered surface with the help of a
wooden straight edge, the entire area shall be uniformly treated with a paste of
neat cement at the rate of 1 kg. per Sq.M. and rubbed smooth with a trowel.
x. Curing: All plastered surface after laying, shall be watered, for a minimum period
of seven days, and shall be protected from excessive heat and sunlight by suitable
approved means. Moistening shall commence, as soon as the plaster has hardened
sufficiently and not susceptible to damage. Each individual coat of plaster shall
be kept damp continuously, for at least two days, and then dried thoroughly,
before applying the next coat.
e. Painting
Details furnished here in below are the minimum acceptable standard for
painting.
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Draft EPC Agreement
i. Water proof cement based paint as per IS:5410 shall be provided on external
faces of walls, sunshades, etc.
ii. Inside surfaces shall be provided with Acrylic emulsion paint as per IS:5411
Part-I / oil bound distemper as per IS:428
iii. All plastered ceilings shall be provided with water bound distemper
iv. All wood work shall be provided with fire resistant transparent paint as per
IS:162 over French polish as per IS:348 or flat oil paint as per IS:137.
v. Painting for structural steel shall be done as per relevant IS standards.
vi. Following general instruction for painting shall be followed.
• For painting on concrete, masonry and plastered surfaces IS:2395 parts I

and II shall be followed.
•
For painting on wood work IS:2338 part I & II shall be followed.
• A minimum of two finishing coats of paint over a primer shall be provided
to give a smooth uniform finish for the painted surface.
• All painting on masonry or concrete surfaces shall preferably be applied by

rollers.
• Thinner shall not be used with textured paint (sandtex matt etc) finish.
• All fire exits shall be painted in Post office red colour shade which shall
not be used any where except to indicate emergency or safety measure.
f. Roof covering
i. All buildings having R.C.C slabs over structural steel framing shall be provided
with troughed metal sheet decking which acts as permanent shuttering. These
sheets shall meet the general requirements of IS:14246 and shall conform to class
3 for durability. The sheeting shall be permanently colour coated galvanised MS
troughed metal sheet decking of approved profile with minimum base metal
thickness of 0.8 mm and minimum trough depth of 38mm. Silicon modified
polyester painting shall be used for permanent coating over galvanised surface
with minimum rate of galvanising of 180 gm of zinc per sq.m. Dry film
thickness of colour coating shall be at least 20 micron.
ii. Roof of all buildings having RCC framework shall have cast in situ RCC slab
with conventional shuttering.
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Draft EPC Agreement
g. Roof Drainage And Water Proofing
i. For efficient drainage of rain water, roof concrete shall be given a gradient of a
minimum of 1 in 100. The gradient shall preferably provided by sloping the
structural framing system itself. Gradient may also be provided using screed
concrete 1:2:4 using 12.5 mm downgraded aggregate. But the average thickness
of such screed concrete may be restricted to about 50 mm. In the case of metal
roofing system the roof slope shall be 1 vertical: 3 horizontal.
ii. All roof water proofing shall be provided using high solid content liquid applied
elastomeric water proofing membrane with separate wearing course as per ASTM
C-898. Thickness of the membrane shall be a minimum of 1.5mm. The
treatment includes application of polymerised mortar over sloped roof to achieve
a smooth surface and a primer coat. Wearing course shall be 40mm screed of
1:2:4 concrete cast in panels of 1.2mx1.2m and reinforced with 0.56mm dia
galvanised chicken wire mesh and joints sealed using sealing compound.
Accessible roof shall be provided with chequered cement tiles as per IS:13801
over water proofing treatment in areas where movement of personnel is
expected. Minimum width of pathway if provided locally shall be 1000 mm.
iii. Number and size of rain water down comer pipe shall be decided based on the
provisions of IS:1742 and IS:2527. The pipes shall be mild steel pipe
conforming to class ‘medium’ of IS:1239 with welded joint. In the case of tall
structures, where maintenance is not possible these pipes shall be galvanised.
Where access is available for maintenance, these pipes may be painted as
specified elsewhere in this document similar to any other steel work. It is
recommended that the minimum diameter of the pipe be kept as 150 mm and
there shall be a minimum of two pipes provided on each gutter. The down comer
pipes shall be suitably concealed with masonry work, cement concrete or
sheeting to match with the exterior finish.
h. False Ceiling And Under Deck Insulation
i. False ceiling shall be provided as per acoustics requirements as well as for areas
where air conditioning ducting would be visible in the public areas.
Under deck insulation system shall be provided on the under side of the roof /
floor slab of the air conditioned areas based on the functional requirement.
Ceiling of air washer/chiller rooms also shall be provided with under deck
insulation.
ii. Aluminium false ceiling system shall comprise of 84 mm wide 12.5 mm deep
closed type plain panels of approved colour, roll formed out of 0.5 mm thick
corrosion resistant aluminium alloy AA 5050 fixed on roll formed carriers.
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Draft EPC Agreement
Additional hangers and height adjustment clips shall be provided for return air
grills, supply air diffusers, light fixtures, AC ducts etc.
iii. Gypsum board false ceiling system shall consist of 600x600x12.5 mm gypsum
board with one coat of primer and two or more coats of acrylic emulsion paint.
The suspension system shall consist of 6 mm dia galvanised steel rods suspended
from ceiling supporting aluminium GI grid of 38x25x1.5 mm and cross tie of
25x25x1.5 mm and aluminium angle of 25x25x1.5 mm.
iv. Under deck insulation shall comprise of 50 mm thick resin bonded mineral wool
insulation mat conforming to IS:8183. This mat shall be backed with 0.05 mm
thick aluminium foil and 24 Gx25 mm wire mesh netting. They shall be fixed to
ceiling or wall as the case may be with 100x50x6 slotted mild steel plate welded
to MS. plate inserts embedded at the soffit of the slab at 600 mm c/c and 14 G
steel wire drawn through slots and fixed to wire netting.
i. Doors & Windows
i. Unless specified all doors, windows and ventilators of air conditioned areas,
entrance lobby of all buildings and windows/ventilators provided on the outer
face of all buildings shall have, electro colour coated (anodised) aluminium
framework with glazing. All doors of office, toilet areas shall be of factory made
pre-laminated particle board of minimum 35mm thick (MDF exterior grade)
conforming to IS 12406.
ii. Main entrance shall be provided with air-locked lobby with provision of double
doors of aluminium frame work with glazing. Doors shall be of double swing
type or sliding type or alternatively provision of single door with air curtains
shall be provided.
iii. Single glazed panels with aluminium frame work shall be provided as partition
between two air-conditioned areas wherever clear view is necessary.
iv. All steel doors shall consist of double plate flush door shutters. The door shutter
shall be 45 mm thick with two outer sheets of 18G rigidly connected with
continuous vertical 20G stiffeners at the rate of 150 mm centre to centre. Side,
top and bottom edges of shutters shall be reinforced by continuous pressed steel
channel with minimum 18G. The door shall be sound deadened by filling the
inside void with mineral wool. Doors shall be complete with all hardware and
fixtures like door closer, tower bolts, handles, stoppers, aldrops, etc.
v. Fire proof doors with panic devices and as per IS:3614 (Part I and Part II) shall
be provided at all fire exit points.
vi. Hollow extruded section of minimum 3mm wall thickness shall be used for all
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Draft EPC Agreement
aluminium doors, windows and ventilators.
vii. Double glazed wall panel with aluminium frame shall be provided between air-
conditioned and non air-conditioned areas.
j. Glazing
i. All ventilators and windows on external face of pump house, compressor house
and DG set building, fire escape staircase and those buildings located in fire
prone areas shall be provided with wired glass of minimum 6 mm thickness
conforming IS:5437.
ii. Double glazing shall consist of two 6 mm thick clear toughened safety glass
conforming to IS:2553, hermetically sealed and separated by 12 mm thick gap for
thermal insulation.
iii. For single glazed aluminium partitions and doors, Float glass or flat transparent
sheet glass of minimum 5.5 mm thickness shall be used.
iv. Ground glass / frosted glass of minimum 4 mm thickness shall be used for all
windows / ventilators in toilets.
v. Unless specified otherwise in this specification minimum thickness of plain sheet

glass used for windows/ventilators shall be minimum 5.5 mm.
vi. Float glass or flat transparent sheet glass shall conform to IS:2835.
vii. All glazing work shall conform to IS:1083 and IS:3548.
viii. All glazing clips, bolts, nuts, putty, mastic, cement etc as required shall be
supplied and thoroughly cleaned before putting in position, Each glass panel shall
be held in place by special glazing clips. After completing of glazing work all dirt
stains, excess putty etc. shall be removed and cleaned. All broken, cracked or
damaged glass shall be replaced by new glass.
ix. Neoprene gaskets with snap fit glazing beads shall be fixed as per manufacturer’s
instruction to give a leak proof installation.
k. Water Supply And Sanitation
i. Roof water tank of adequate capacity depending on the number of users and
minimum 8 hours requirement shall be provided for each buildings.
Polyethylene water storage tank conforming to IS:12701 shall be used. The tank
shall be complete with all fittings including float valve, stop cock etc.
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Draft EPC Agreement
ii. Galvanised M.S. pipe of medium class conforming to IS:1239 shall be used for
internal piping works for potable water supply.
iii. Sand C.I.pipes with lead joints conforming to IS:1729 shall be used for sanitary
works above ground level.
iv. Minimum toilet block with all the facilities shall be provided on each floor as per
the National Building Code. The facilities provided in the toilet block shall
depend on the number of users. However, minimum facilities to be provided
shall be as stipulated below. IS:1172 shall be followed for working out the basic
requirements for water supply, drainage and sanitation. In addition, IS:2064 and
IS:2065 shall also be followed.
v. Each toilet block shall have the following minimum facilities. Unless specified
all the fittings shall be of chromium plated brass.
• WC (Indian type) Orissa pattern (580x440mm) as per IS:2556 (Part-3) with all
fittings including flushing arrangement of appropriate capacity and type-1 no.
• WC western type 390 mm high as per IS:2556 (part 2) with toilet paper roll
holder and all fittings including flushing system of appropriate capacity and type
– 1 no.
• Urinal with all fittings with photo voltic control flushing system as per IS:2556
(Part-6, Sec.1) – 2 nos.
• Wash basin (oval shape) with all fittings as per IS:2556 to be fixed on concrete
platform finished with 12 mm thick polished granite stone – 2 nos.
• Wall to wall Bathroom mirror (5.5 mm thick float glass) with bevelled edges
including all fittings.
• Stainless steel towel rail (600 x 20mm) - 2 nos.
• Stainless steel liquid soap holder cum dispenser – 2 nos. Janitor room.
• One number water cooler.
• Provision of ventilation shaft.
l. Miscellaneous Requirements
i. Doors and windows on external walls of buildings shall be provided with RCC
sunshade over the openings with 300 mm projection on outer side of the opening.
Projection of sunshade from the wall shall be minimum 450 mm over window
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Draft EPC Agreement
openings and 750 mm over door openings.
ii. The area of windows shall be a minimum 15% of the floor area to ensure
adequate natural lighting.
iii. Parapet, chajjas over window and door heads, facias, fins etc., shall be provided
with 25 mm dia. drip mould.
m. Approved Makes of Materials
Description Make
Ceramic tiles Johnson/ Kajaria/ Spartek
Vitrified tiles Naveen/ Johnson/ Somany
False ceiling Armstrong/ Usg
Paints & distempers Asian/berger/ Nerolac
Door fittings Dorma/ Casma/ Dlco
Glass Modi/ Glaverbel/ Saint Gobain
Sanitaryware Hindware/ Cera
Plumbing fixtures Jaguar/ Ess Ess
4.4 Electrical system
4.4.1 Power Supply and Distribution System
a. Main Power
The electrical supply to the existing building is obtained from State Electricity
Board at 415V. Currently, about 50 kVA is being consumed by the Theatre
towards lighting and other loads with the incoming supply from Electricity Board
is terminated at the main distribution board (referred as “Theatre-1”) housed in the
DG room.
b. Stand-by Power
i. The existing DG of 110 kVA rating is also connected to the main distribution
board. Another distribution board (referred as “Theatre-2”) with a facility to
connect a mobile DG set of similar capacity is available. Provision is made to
connect both these distribution boards. The sub distribution board (DB) at the
stage is provided with a changeover facility to receive power from either of the
main distribution boards.
ii. The renovated Tagore Cultural Centre should have distribution system should have
adequate numbers of feeders for lighting, audio, fire alarm, UPS system, etc.
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Draft EPC Agreement
4.4.2 Proposed Plan
a. Sub-station and 415V Switchboard
i. The existing sub-station could be relocated within the Tagore Cultural Centre at the
rear part of the Tagore Cultural Centre, away from the main road.
ii. The existing switchboard shall be replaced with a new switchboard with adequately
rated incoming / outgoing feeders. The incoming supply from Kerala Electricity
Board shall be terminated at this board. This switchboard shall also have another
incomer from existing DG Switchboard. The incomer shall have in-built over-current,
short-circuit and earth-fault protections. CT of adequate rating for earth-fault
protection shall be provided. The bus bars shall be suitably sized.
iii. The incomer shall have 3 nos. indicating lamps (R,Y,B) for supply ‘ON’ condition.
It shall also have a set of Ammeter and Voltmeter with selector switches.
iv. The main tariff Energy meter will be put in a separate cubicle and mounted in this
incomer panel. This energy meter shall have an accuracy class of 0.5 and shall be
connected to a CT of accuracy Class 1.0.
v. The outgoing feeders to DBs /Pumps etc shall have in built over- current, short
circuit and earth fault protections.
vi. The incomer MCCB and outgoing MCCBs shall be co-ordinated such that for a
circuit fault the incomer does not trip.
vii. The switchboard shall be provided with cable glands and lugs for termination of
incoming and outgoing cables suitable for top entry. Adequate spare feeders of
each type shall be provided.
b. Distribution Boards (DBs)
i. The DBs for lighting, UPS, Air conditioning system etc shall be provided. The
incoming / outgoing feeders from the DBs shall be of suitable rating.
ii. The lighting / fan / receptacle circuit power shall be distributed through DBs called
lighting panels (LP) located suitably. The incomer to these LPs shall have TPN,
MCB + ELCB of 100 mA leakage current.
iii. Each LP shall be provided with 9 outgoing circuits each having 3 nos. of 10A, SP,
MCBs for R,Y & B phases. These circuits shall be used for wiring to lighting, fan
and small power receptacle circuits.
iv. The UPS supply to all computers and electronic equipment shall be distributed
through UPS DBs The power circuit of AC and ventilation fans shall be distributed
through AC & POWER DBs.
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Draft EPC Agreement
c. UPS
It is proposed to provide 10 kVA UPS to cater to some essential loads of the

theatre. The UPS caters to lighting in strategic areas such as entrances, exits, stage
and control room. Non redundant type with maintenance by pass will be provided.
The UPS will have Lead acid maintenance free batteries with 30 minute back up
time.
d. Cables and Carrier System
i. Cables
The cables shall carry the full load continuously under site condition considering
the various derating factors like ambient temperature, grouping, and method of
laying. The cable shall be sized to withstand the fault current and the voltage drop
shall be limited to permissible value.
1. 415V Power Cables
The cables shall be 1100V grade, single / multi-core, stranded aluminium

conductor, PVC insulated, extruded PVC inner sheath, armoured, and outer sheath
of extruded PVC.
The cables shall conform to IS-1554 - Part - I (1988). For multi-core cables, fillers
used to fill in the space between the phases shall be non-hygroscopic, chemically
inert and non-putrescent.
2. Control Cables
1100V grade multi-core, 1.5 sq.mm stranded copper conductor, PVC insulated and
extruded PVC inner sheathed and extruded PVC outer sheathed of PVC. The
cables shall conform to IS 1554 Part- I (1985) / IEC 502 (1983) in all other
respects. 2.5 sq.mm cables shall be used for connection of CTs.
3. Telephone cables
Department of Telecom (DoT) approved telephone cables shall be used. Individual

paired DoT approved telephone cables shall be used for connecting to each
telephone instrument.
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Draft EPC Agreement
4. Miscellaneous cables
Cables for audio system, fire alarm system, communication system shall conform
to the requirements of the system manufacturer. Cables in general shall be multi-
core, stranded copper conductor, PVC insulated, extruded inner sheath/outer sheath
conforming to the IS.
ii. Cable Carrier System
Cables laid outside the building, either buried or in trench shall be of armoured
type. Cables laid inside the building in conduits can be un-armoured type. Cable
trays shall be of galvanised steel, prefabricated ladder type for power cables and
perforated type for control cables.
iii. Earthing system
A complete earthing system comprising earthing conductors, earth electrodes and

earth connections necessary for effective and permanent bonding to earth, all non-
current carrying metal work and for termination of the earthing conductors of all
electrical 415V switchboards, sub boards, distribution boards, etc., installed for the
Electricity Distribution System for this project shall be supplied, erected and
connected as per the applicable codes and standards.
4.5 Lighting system
a. Luminaries shall be designed for continuous trouble-free operation under atmospheric

conditions without reduction in lamp life or without deterioration of materials and
internal wiring. Outdoor fittings shall be weatherproof and waterproof type.
b. Contractor shall provide the minimum illumination level and the type of fixtures are
as follows: -
S. No. Area Description Min Lux Type Of Lighting Fixture

Level
1 Auditoria 100 2x18W Recessed Downlighter
2 Conference Hall 300 2x18W Recessed Downlighter
3 Stage (Platforms) 450 Special lighting
4 Lobby 150 2x18W Recessed Downlighter
5 Control Room 250 2x18W Recessed Downlighter
6 Corridors 70 1x36W Mirror optic FTL
7 Stairs 100 1x36W Channel Mtd FTL
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Draft EPC Agreement
S. No. Area Description Min Lux Type Of Lighting Fixture

Level
8 Offices 250 2x36W Mirror Optic FTL
9 Green rooms 200 2x36W Mirror Optic FTL
10 Guest rooms 200 2x36W Mirror Optic FTL
11 Art Gallery 100 2x18W Recessed Downlighter
12 Food Court 150 2x18W Recessed Downlighter
13 Restaurant 200 2x18W Recessed Downlighter
14 Handicraft centre 200 2x18W Recessed Downlighter
15 Open Air Theatre 100 Flood lights
11 Parking Area 20 1x26W CFL Integral bollard
12 Pathway 30 1x26 W CFL Post top
13 Facade - 2x 400 W HPMV
14 Exit Lights - -
15 Step Lights - 1X18W CFL with grill
16 Toilet 100 1x36W FTL
17 Street Light 20 1X150 W HPSV
18 Other Areas 75 -
c. The lighting design shall be carried out on the basis of the above illumination
levels. Also the main parameters such as maintenance factor of 0.8 for air-
conditioned areas and 0.7 for non a/c areas and reflection factors of 0.5 are to be
considered.
d. The fixtures in the audience area can be down lighter type fixtures with compact
fluorescent lamps. These fixtures could have electronic ballasts, which are
dimmable, so that the lux level in the hall can be controlled. However, to achieve
the different lux levels, few fixtures in the hall could be provided without
dimmable ballasts and will be directly switched on during seminars/conferences
and switched off during theatrical performances. All fixtures could be controlled
from control room as well as from remote using a controller, which can be
programmed and set to achieve different levels of lighting. Suitable interface and
sensors can be provided for remote operation.
e. Whenever there is a requirement for the lights in the hall as well as control room to
be dimmed, a localised (spot) lighting arrangement could be provided for
illumination of area where sound mixture & lighting control equipment are located.
f. The special lighting for the stage could comprise of:
i. Par 64 sealed beam light with MS Par Cam, profile light with Plano Convex lens
with Tubular Halogen lamp, Cycloramas with Gel frame, electronic dimmers etc,
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Draft EPC Agreement
ii. It is proposed to provide Exit Signs on all the doors of hall. Recessed mounted step
light with grill could be provided to light up the gang way at every alternate row.
iii. All fixtures should be with IP 20 degree of protection and of makes approved by
BIS
4.6 Emergency Diesel Set Specifications
a. The power to the Tagore Cultural Centre is proposed to be supplied from the local
grid (Kerala State Electricity Board). In the event of failure of the grid power
supply, power is to be drawn from the Emergency Diesel Generator (DG). The
power from the DG plant specified herein will be mainly utilised to provide
continuous air-conditioning for all the air-conditioned areas in the Tagore Cultural
Centre. Emergency loads including emergency lighting load for the complex, and
fire water pumps, shall also be included when sizing the DG plant capacity.
b. The emergency DG plant consists of provide 2 X 100% capacity DG sets

(1Working + 1 Standby). Each DG set shall be sized so as to meet the electrical
load requirements of the following (The full load kW of all equipment and
accesories to be considered, with a diversity factor of unity):
i. The air conditioning system load for all the air-conditioned areas in the
complex.
ii. Fire fighting pumps
iii. Emergency lighting loads
c. In order to meet the above loads the Contractor shall provide 2 X 100% capacity
DG sets (1Working + 1 Standby). The Contractor shall submit to the Owner
calculations to substantiate the basis for selection of DG set capacity. The capacity
of the DG set shall be selected with a minimum margin of (+) 20% over the
calculated capacity.
d. The DG sets along with the chilled water plant and the fire, water and domestic
water pumps shall be located in a fully enclosed service building (new RCC
building may have be constructed by the Contractor). The area (foot print), number
of floors, and location of this building shall be decided by the Contractor as part of
the Technical Proposal.
e. Each of the DG sets shall meet the following requirements:
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Draft EPC Agreement
1. The DG sets shall be skid mounted. The diesel engine shall have a
radiator type cooling system. The radiator should be directly mounted on
the engine on a common base frame along with the generator, and
accessories. The engine shall be four stroke type and run on HSD fuel, at
a speed not exceeding 1500 RPM.
2 Generator (coupled to the diesel engine) shall be 415V, 3 Phase, 50 Hz,

0.8 PF, complete with brush less (rotating diode type) excitation system,
automatic voltage regulator (AVR), control and inter-locking systems,
manual starting / tripping system. Control cabinet / panel, AMF panel
and all other accessories for each DG set.
3 The entire DG set shall be housed within a factory fabricated, acoustic

enclosure such that the noise level at one metre (1.0m) distance from the
acoustic enclosure is less than 50 dB (A). The DG set along with the
acoustic enclosure shall be located within the service building.
4 Provision of stainless steel exhaust stack of, minimum height 25 metres,

or one (1) metre above the roof top of the tallest building on the plot, or to
satisfy requirements of local authorities, the higher of the three criteria.
The stack diameter shall be sized to maintain a mean flue gas velocity of
less than 1.5 m/s. Adequate supports and access ladder (if required) also
of stainless steel.
5 Provision of all associated switchgear for the DG sets, including provision

of Auto on Mains Failure (AMF) panel for starting the DG sets
immediately on sensing a break in the grid power supply. Complete
power and control cabling. The DG shall be capable of starting and
developing rated voltage and speed automatically without any manual
intervention.
6 Provision of dedicated Day Tank for each DG set and associated transfer
pumps, gauges, instruments, etc. of capacity to ensure 12 hours of
continuous running of the DG set.
7 Ventilation system for room where the DG sets are located, with adequate
number of fans, air distribution ducting, etc. The fan shall be selected, and
provided with acoustic treatment such that the noise level at one metre
distance from the fans is within 50 dB (A).
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Draft EPC Agreement
8 Starting of diesel engines shall be by electric starting system. Two sets of

batteries and float cum boost chargers shall be provided. Normally one
shall cater to the loads of AMF panel and the other to the simultaneous
starting loads of the engine. Each shall be a 100% stand-by to the other,
so that in the event of one not being available, the other battery shall meet
the load of the unavailable battery in addition to its own normal load.
Each battery shall be suitably rated and subject to approval of the engine
manufacturer.
9 Air Intake and Exhaust System shall be provided at site with Air intake
filters and silencers, exhaust gas driven turbo charger, charge air cooler,
and exhaust gas residential type silencer.
10 The governor characteristics shall be complete with the requirements of

‘Class-A1’ governing of ISO-3046.
11 Window type annunciators shall be supplied and mounted on the DG

control panel to give visual and audible indication.
12 The DG set shall be capable of 3 starts in quick succession
13 The design, materials, construction, manufacture, inspection, testing and

performance of DG and accessories shall comply with all currently
applicable statutes, regulations and safety codes in the locality where the
equipment is to be installed. The equipment shall also conform to the
latest applicable Indian or equivalent standards. Other international
standards are also acceptable, if these are established to be equal, or
superior to the listed standards. Nothing in this specification shall be
construed to relieve the Contractor of this responsibility.
14 The DG plant including the DG sets shall be performance tested both at

Manufacturers works as well as at site, to confirm compliance with
specified requirements.
15 Approved sub-suppliers of the DG Plant are:

Engine:
1. CUMMINS
2. CATERPILLAR
3. FG WILSON
Generator:
1. LEROY-SOMER
2. AVK-SEGC
3. STAMFORD
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Draft EPC Agreement
4.7 Air Conditioning and Mechanical Ventilation
a. Air Conditioning
i. The section covers the requirements of Air-Conditioning and Mechanical
Ventilation (ACMV) system to be provided by the Contractor. This specification
covers only the broad outline of the ACMV system to be provided. Detailed design
of the ACMV system including design of all sub-systems such as air-distribution
system, chilled and condenser water system, controls and instrumentation, building
automation system, electrical system, etc. is within the scope of the Contractor.
The design of the system shall meet the specified requirements and designed for
maximum energy efficiency, low noise level, and reliability of operation.
ii. The goal of the ACMV system is to provide designated air-conditioning space in
the proposed development with comfort cooling at 22 Deg.C ± 1 Deg. C with not
more than 60% relative humidity (RH) and noise levels within the limits specified.
Non air-conditioned areas shall be provided with adequate mechanical ventilation
as per norms specified.
iii. The estimated air-conditioned areas within the complex are as follows:
a. Building – B:
Main auditorium (existing) including stage area: 2100 sq.m (Independent Zone)
New mini auditorium to be carved out of the existing auditorium: 485 sq.m
(Independent Zone)
Art Gallery / Exhibition Space and Convention centre - I: 390 sq.m (Independent
Zone)
b. Building – C:
New auditorium: 700 sq.m (Independent Zone)
c. Miscellaneous Areas:
Miscellaneous rooms including projection rooms in the complex: 200 sq.m
(Zoning to be decided as per site conditions
d. Each independent zone shall be considered as fully independent and provided with
dedicated Air Handling Units and associated Air Distribution System.
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Draft EPC Agreement
Total air –conditioned area in the complex to be served by a central chilled water
system totals roughly 4000 sq.m
The chilled water plant supplies chilled water to the Air Handling Units (AHU’s).
The Air Handling Units will be located in fully enclosed AHU rooms. Air from the
AHU’s shall be distributed to the air-conditioned areas with air distribution system
consisting of Galvanised Steel Sheet (GSS) ducting, volume control dampers, fire
dampers, flexible ducts, grilles and diffusers, etc.
iv. The conditions to be maintained within the air-conditioned areas all through the
year considering solar load, full occupancy, outdoor air (fresh air), lighting and
equipment loads are as follows:
Dry Bulb Temperature (DBT): 22 ± 1 Deg.Celsius (Deg.C)
Relative Humidity (RH): Less than 60%
Noise level: NC 20 or better for auditoria, NC 35 or better for other areas
v. The Contractor shall be solely responsible ascertain the specific requirement of

each air-conditioned and mechanically ventilated areas and design the ACMV
system to meet the architectural plan. The Contractor shall submit cooling load
calculations for selection of the main chilling plant as well as each AHU to PWD.
All equipment shall be selected with a minimum margin of (+) 20% over the
calculated capacity. The diversity factor for cooling load calculations shall be
considered as unity (1).
vi. The chilled water plant along with the DG sets, fire water and general purpose
water for auditorium area shall be located in a fully enclosed service building (new
RCC building to be constructed by the Contractor). The area (foot print), number
of floors, and location of this building shall be decided by the Contractor as part of
the Technical Proposal.
vii. The ACMV system provided shall comply with the following requirements
• Air-conditioning system shall be designed to meet the requirements of the National
building Code of India (NBC), as well as local authorities. The ACMV system
shall meet the requirements and standards of NBC, BIS, ASHRAE, SMACNA,
ARI, ASME, and AMCA. The design, materials of construction, manufacture,
inspection, testing and performance of the ACMV system shall comply with all
standards, statutes, regulations and safety codes of these bodies. Nothing in this
specification shall be construed to relieve the Contractor of this responsibility. In
case of any conflict between any of the standards the more stringent shall apply.
• Common centralised chilled water air-conditioning system shall be provided.
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Draft EPC Agreement
• Each air conditioning zone shall be served by dedicated Air Handling Units
(AHU). The numbers shall be as specified. Location of AHU rooms shall be
decided to suit site conditions.
• Outdoor Air (Fresh Air) of 35 Cubic Meters Per Hour (CMH) per person to be
provided.
b. Details of Central Chilled Water Plant
i. Chilled Water Plant

Screw water chilling packages with environmental friendly R134a refrigerant, and
water cooled condenser of 3 X 50% capacity (2W + 1S).
Chilled water pumps of 3 X 50% capacity (2W + 1S).
Condenser water pumps of 3 X 50% capacity (2W + 1S).
Cooling towers of 3 X 50% capacity (2W + 1S).
Closed (pressurised) expansion tank.
Make-up water tank for cooling tower.
Piping, valves, electricals and instrumentation and controls, and all associated
accessories.
ii. Screw compressor water chilling packages

Each chilling package shall be complete factory assembled with electric motor
driven hermetic or semi-hermetic screw compressor / compressors, chiller, water
cooled condenser, refrigerant piping, microprocessor panel, etc. The chilling
package shall work on R134a refrigerant and shall be certified by Air-Conditioning
and Refrigeration Institute (ARI), and shall carry the ARI certification seal on the
machine.
iii. Air Handling Unit

AHU capacity: Actual capacity to be decided as per cooling load calculations with
(+) 20% margin. AHU sizing shall be either 2 X 50%, or 3 X 33%, or 4 X 25%, or
6 X 16.5% capacity for each air-conditioning zone.
In addition to the supply air fan, chilled water cooling coil, filter, and mixing box
section, the each AHU shall incorporate a heater bank to control humidity within
the upper limit of 60% RH within the conditioned spaces. AHU shall be double
skin construction with backward curved centrifugal fans. The fan shall be selected
such that fan speed is less than 1000 RPM, and indoor noise levels specified are
met.
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Draft EPC Agreement
iv. Chilled water circulating pumps

The chilled water circulating pump shall be of centrifugal horizontal split casing
type or back pull out. The pump shall operate satisfactorily at any point on Head –
Flow (H-Q) characteristic curve over a range of 50% to 130% capacity. The
impeller material of the pump shall be made up of Bronze and casing shall be of
cast iron.
v. Condenser water pumps

The condenser water circulating pump shall be of centrifugal horizontal split
casing type or back pull out. The pump shall operate satisfactorily at any point on
Head – Flow (H-Q) characteristic curve over a range of 50% to 130% capacity.
The impeller material of the pump shall be made up of Bronze and casing shall be
of cast iron..
vi. Cooling towers

Dedicated cooling tower for the chilled water system shall be of induced draft FRP
type. The fan drive shall be of AC electric motor. The casing inlet louver, basin
and distribution system shall be made up of FRP. Fills, drift eliminators and
orifice / nozzles shall be made of PVC.
vii. The cooled and dehumidified air supplied by AHU's to the areas served by them
shall ensure the inside conditions of 22 Deg. C ± 1 Deg C with RH not more than
60%. The cooled and dehumidified air (supply air) shall be conveyed to the air-
conditioned areas through Galvanised Sheet Steel (GSS) ducting, volume control
dampers, sound attenuators, fire dampers, etc., and distributed to the air-
conditioned areas through supply air diffusers or grilles. Necessary acoustic
insulation of ducts, provision of duct sound attenuators, etc., or any other measures
to achieve the specified noise levels is in the scope of the Contractor. Thermal
insulation, vibration isolation, etc as required to be provided.
viii. The building shall be provided with a Direct Digital Control (DDC) Building
Automation System (BAS). The BAS shall be designed for remote operation (start
/ stop), control, and monitoring of the ACMV system and equipment including
cooling towers, pumps, chiller units, AHU's, FCU's, valves, dampers, and all
mechanical ventilation fans, etc. All zone temperatures, RH, trip signals, chiller
microprocessor panel signals, energy kW power consumption of various
equipment, etc., shall be monitored by BAS. The plant operation shall be fully
automated such that the entire ACMV system can be operated and monitored from
the BAS control room. All duct dampers and piping valves shall be provided with
motorised actuators. The BAS control room shall be suitably located .
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Draft EPC Agreement
ix. The Dry Bulb Temperature (DBT) and Relative Humidity (RH) in the air-
conditioned areas shall be controlled by means of Temperature sensors placed in
the Return Air (RA) path. The sensors shall control the opening / closing of the
three way valve connected to the AHU cooling coil, thereby controlling the
quantity of chilled water entering the coil. In addition a Relative Humidity (RH)
sensor shall be placed in the RA path. In case the RH increases beyond 60%, the
three way valve shall be opened to increase the flow of chilled water through the
cooling coil. In case this causes the room temperature to fall below the set point
the heater bank at the AHU outlet shall be activated (energised) in stages.
c. Mechanical Ventilation System
i. Areas of Coverage
Smoke free lobby pressurisation ventilation system (required to operate under fire
condition only).
• Toilet ventilation system.
• Liftwell and lift lobby pressurisation ventilation system (required to operate
under fire condition only).
• Electrical room ventilation system.
• Any basement areas
• Air-conditioned plant room on terrace.
ii. Mechanical ventilation system consisting of supply air fans, exhaust air fans,
louvers, filters, GSS ducting, sound attenuators, volume control and fire dampers,
etc. for the following areas with the Air Changes Per Hour (ACPH) indicated:
Ø Toilet ventilation system: 15 ACPH (Toilets to be under negative pressure)

Ø Electrical room ventilation system: 30 ACPH
Ø Basements: 12 ACPH
Ø Pantry and Kitchens: 40 ACPH
Ø Any miscellaneous areas: as per NBC code.
iii. All fans used for mechanical ventilation shall be cabinet type centrifugal fans with
back ward or forward curved blades. The fan speeds shall be selected so as to meet
the Noise Criterion specified for the various areas. In any case the fan tip speed
shall be less than 10 m/s.
iv. The entire ACMV system shall be interlocked with the Fire Alarm system and Fire
Protection system, such that the ACMV equipment is safely shut down in the event
of a fire. In addition the ACMV system shall be provided with necessary fire
dampers to meet code requirements.
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Draft EPC Agreement
v. Any modifications and/or additional construction required in the existing

auditorium building to install and make functional the ACMV system is within the
scope of the Contractor.
vi. The complete ACMV system and equipment shall be performance tested both at
manufacturers works as well as at site, to check compliance with specified
requirements.
vii. Approved sub-suppliers for the ACMV system are:

a. Voltas Limited
b. Blue Star Limited
c. ETA Engineering
d. Carrier.
4.8 Fire Safety System
a. Fire alarm systems and fire protection systems including hydrant system, sprinkler
system, local fire extinguisher system etc shall be developed to obtain approval of
Tariff Advisory Committee, India (TAC - a statutory body under Insurance Act
1938).
b. All necessary statutory clearance and approvals from local / central authorities,
government agencies, statutory bodies, for the Fire Protection System shall be
obtained by the Contractor.
c. It is the responsibility of the Contractor to get the building and installed Fire
Protection System inspected and approved by the local Fire Service Officer, or
other Government and /or Local Authorities.
4.9 Auditoria
4.9.1 Usage
All three Auditoria will be multi-purpose. The Auditoria will be used for Stage
Plays, Concerts, Cinema and also as Convention Centres.
4.9.2 Seating Arrangement
a. The seats proposed shall be fastened securely to the floor. The seat shall consist of
pressed frame with pressed steel support enamel painted with moulded
polyurethane foam with serpentine springs. Covering shall be with replaceable
flame retardant fabric. Seat shall be of automatic tip-up mechanism.
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Draft EPC Agreement
b. The spacing of rows of seats from back to back shall be neither less than 85 cm nor
less than 70 cm plus the sum of the thickness of the back and inclination of the
back. There shall be a space of not less than 35 cm between the back of one seat
and the front of the seat immediately behind it as measured between plumb lines.
Number of seats per row, the distance from the aisles, spacing between rows of
seats and width of seats shall be as per the National Building Code.
c. The angle of seats should be planned to get a good line of sight.
d. Seating to be laid in radial pattern for better acoustics for Mini Auditorium 1 and 2.
e. Seat dimension shall be:
Width – 550 c/c

Depth – 760 mm
Height – 970 mm
Seat Height – 410 mm
4.9.3 Exit Facilities
• Proposed door widths shall not be less than 2 m wide

• Sufficient number and location of exits shall be provided for the total
capacity as per the National Building Code.
4.9.4 Stage and Backdrop
a. The stage should be with wooden flooring, either Pergo, Tarquet or equivalent
constructed using termite and fire treated salwood reapers grouted to floor.
Fibreglass wool should be laid on the wooden reapers.10 mm BWP grade plywood
will be fixed on reapers and finished with the wooden floor. The fascia of stage to
be panelled for enhancing the aesthetics.
b. The stage false ceiling shall have Excelsior Acoustical panels- natural sound
smooth or equivalent mounted on a grid.
c. The stage side and rear walls shall have Excelsior Acoustical panels - natural
sound smooth or equivalent mounted on termite and fire treated salwood battens in
staggered fashion.
d. It is proposed that single phase power sockets are provided on and near stage area
for PC, Audio/Video player, music instruments, and temporary lighting. Single
phase socket outlets could also be required, in the control room, for audio amplifier
and other equipment.
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Draft EPC Agreement
e. Three phase socket outlet with reversible starter for the motorised curtain could be
provided on stage to enable operation of the curtain from the stage as well as from
Control room.
4.9.5 Aisles
a. The number and location of aisles shall be as per National Building Code.
b. The minimum width of main aisles shall be 1.20 m and that of cross aisles shall be
1.0 m.
c. Cross aisles shall be provided for every 10 rows where aisles do not lead directly to
the exits.
d. The ramp slope in aisles shall be restricted to 1:10 and if the slope exceeds these
steps can be provided in aisles.
4.9.6 Accoustics
a. The auditorium should be planned to achieve a quiet background, sufficient

loudness, proper distribution, adequate blending and separation of sounds.
Acoustically treated partition should be used to seal the mini auditorium area from
the main auditorium, accoustic treatment for other walls, all entrances and false
ceiling are proposed.
b. A noise survey of the site should be made to ascertain a suitable sound reduction
value for the structure so as to keep the indoor noise level to 20-25 d(B)A which is
the acceptable value for Auditoria as per the National Building Code.
c. The permissible reverberation times would be 1.0-1.25 when hall is full and and
1.5-2.5 when the hall is empty.
d. The audience chamber must be treated as an isolated area separated from all other
areas by heavy wall and roof construction, closed doors and lined ducts.
e. Lobbies and revenue generating area should have heavy sound absorbing treatment
and shut off from the auditoria with closed doors.
f. The ventilating system for the auditorium should be inaudible. The associated
ductwork must be lined with sound absorbing materials. Fans/Compressors must
be remotely located or isolated with resilient mounting. Special grilles or diffusers
may be needed to assure silent air delivery and extraction. Dampers for balancing
must be located upstream of the grilles or diffusers to avoid noise at the point of
distribution.
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Draft EPC Agreement
g. The ceilings and walls are important surfaces for determining good distribution and
adequate loudness. The ceiling should be designed to provide uniform distribution
to the audience. It should be a combination of 600x600x10 thick perforated
gypsum acoustical tiles and plain gypsum plasterboards with 50 thick fibreglass
above for insulation and finished with acrylic emulsion to be designed to suit the
desirable acoustic levels for different types of uses.
h. The rear wall should be straight/segmented with sound absorbing treatment to

control echo.
i. Side wall surfaces near the proscenium should be tilted to direct sounds towards
the rear of the hall. Since the auditorium has to accommodate a variety of functions
sound absorbing panels or curtains or other elements are to be introduced to reduce
the reverberation time from a high value for music performance to low values for
speech.
j. The walls should have a combination of acoustical panels and wooden panelling.
Acoustical panels of Excelsior or equivalent fixed on termite resistant fire treated
salwood battens with self tapping screws. Wooden panelling with BWP FR grade
plywood of 6 mm thick finished with 3 mm veneer 50 thick fibre glass wool shall
be used.
k. Specific Requirements
(i) Acoustics
- For converting existing theatre into two theatres, common partition wall
should have a Sound Transmission Coefficient (STC) of 70 dB measured with
dual-channel spectrum analyzer as per ISO 140.
- The ambient background noise level inside the theatre should be RC30 (N)
Mark II measured with IEC Class I one-third octave band spectrum analyzer.
- The ideal reverberation time should be around 1.25 seconds in unoccupied

state, measured as per ISO 3382.
(ii) AV System
- Reinforced sound with front speakers must be + 2 dB back to front and side to
side for octave band centre
- Frequencies from 125Hz to 4kHz.
- The frequency response of front stereo channels must be 40Hz to 12kHz + 2dB
in all areas measured in one-third octave bands.
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Draft EPC Agreement
- The system from each speaker channel must deliver 90 dB SPL plus a peak of
10 dB SPL to the further-most seat.
- The subwoofer channel should show a 10 dB in-band gain on a real-time

analyser when compared with wideband front channels.
- Speech intelligibility – 0.85 or 15% Alcons as per IEC 60286.
- THD should be 0.1% and S/N ratio 80 dB with all equipment at 0 dBm and
power amplifiers at full load when measurement between mic inputs and amp
outputs.
(iii) HVAC Noise Control
HVAC on full load must conform to RC30 at seated ear-height. Mechanical

services equipment must not contribute to any background noise.
(iv) The Contractor shall carry out an acoustic analysis using an acoustic model, design
the acoustic system and shall provide all acoustic equipment to meet the minimum
standard mentioned above.
(v) Mini Auditorium No. 1 and No. 2
- Acoustically treated partition to seal the area from the main auditorium, accoustic
treatment for other walls, all entrances and false ceiling are proposed.
(vi) Main Auditorium
- The side walls/rear walls would require wooden panelling upto 3 mts and
perforated/ acoustic tile cladding above that upto false ceiling level.
- It is suggested that the false ceiling level is reduced suitably, as the balcony is
proposed to be enclosed to form a new auditorium. This would provide better
acoustic characteristics. The false ceiling would require acoustic tiles angled for
better acoustics.
- Flooring can be of heavy duty ceramic tiles for better maintenance. Upholstery
with foam and Rexene would provide better acoustics.
- All openings in the walls of auditorium other than exits are required to be sealed
and all doors to be acoustically treated.
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Draft EPC Agreement
(vii) Audio System

- 32 channel graphic equaliser audio system with amplifiers, recorders, speakers,
microphones, sound mixer, etc should be provided.
- Podium mikes, hand held microphones, stand mounted microphones, tie clip micro
phones with transmitters, instruments microphones, necessary sockets, chords, patch
panels etc. should be provided. The amplifier mixing console patch panels etc.
should be located in the control room.
- The system should have facility for receiving sound from Video/Audio player, and
recording & transmitting over the speakers. The amplifier will be connected to the
mixing console for variation in sound quality.
- Two main speakers may be provided for audience in the front and 4 nos. along the
side walls, two for feedback to stage and two speakers will be required in the green
rooms for the theatre on the ground floor. For the hall in the first floor, two
speakers in the front, two on the side walls and two for feed back to the stage are
suggested.
4.9.7 Control Room for Auditorium(s)
Control Room at each of the three auditoria should be renovated / developed and
would have the following set of equipment at each of the Auditoria:
i. One set (two numbers) of Cinema Projection system including necessary films
projector suitable for size 35mm/ 70mm film projection
ii. One set of Stand Mikes (4 numbers), FM Mikes (2 numbers), Cordless collar
mikes (2 numbers)
iii. One set of 24 spot lights
iv. One number LCD Projector
v. One number Video Cassette Recorder
vi. One set of Public Address System
vii. One VCD Player
viii. One Tape Player
ix. One screen for projection of Cinema / LCD
4.9.8 Green rooms improvement
i. Main Auditorium
There are 2 green rooms located on south east and south west sides of the
auditorium with a capacity for about 25 artists. Interiors of green rooms to be
renovated to have polished granite for dress counter area, with wall to wall mirrors,
full length counters, change rooms and lockers.
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Draft EPC Agreement
ii. Mini Auditorium No. 1 and 2

One green room for each mini auditorium with a capacity for about 10 artists with
features like polished granite for dress counter area, with wall to wall mirrors, full
length counters, change rooms and lockers.
4.9.9 Exteriors
The existing auditorium, the exterior façade requires overall improvement. The
new auditorium would also be required to have good aesthetic façade to improve
the overall appearance of the cultural centre. Traditional / modern elements /
features could be used for the façade of the auditoria. Murals, sculpture and
artwork depicting culture can be integrated in design
4.9.10 Easy Access to Auditoria
Special facilities to be provided, for easy and comfortable access to physically

challenged persons, by developing separate ramps at auditorium area main
entrance, for access by wheel chair. Further, for mini auditorium on the first floor
lifts to be provided.
4.9.11 Lobby Areas Development
Good aesthetic designed entrance and entrance lobby for the auditorium would be
developed to with good quality polished granite flooring with wall panelling and
false ceilings. Besides the main lobby, other lobby areas could have polished kota
stone flooring. The aisles also would have low wall/ rails for safety and comfort.
4.9.11 Public facilities
Public facilities for general public and audiences including exclusive toilets for
physically challenged persons would be developed. The construction would be
heavy-duty ceramic flooring with fixtures. The number of toilets for men and
women would need to be developed in accordance with the National Building
Council norms. Further, office toilets and VIP area toilets would need substantial
renovation.
4.9.13 Communication System
An EPABX system shall be provided at the reception desk comprising of 4 trunk

lines 10 extensions and an operator console. Telephone handsets will be provided
in the control room, office rooms & rest rooms. All accessories, batteries, cabling
etc for complete system shall be provided.
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Draft EPC Agreement
4.9.14 Passenger lift for mini auditorium on the first floor

One number passenger elevator suitable for 10 persons with bi-parting doors for
car and carriageway for Mini Auditorium 1.
B. Method Requirements
1.0 Before Commencement of construction
1.1 The Contractor shall, before commencement of construction;

(a) have mobilised the requisite resources, personnel and organisation
necessary for the same and designated and appointed suitable officers/
representatives as it may deem appropriate with responsibility to supervise
execution of the Works and for exchange of information with the Project
Engineer and PWD;
(b) provide and maintain a reasonably furnished site office accommodation for
the Project Engineer, at the Works Site up to the Taking Over Date;
(c) in consultation with the Project Engineer workout an appropriate schedule
for submission of documents set out in 1.1 above to the Project Engineer for
review;
(d) finalise an implementation plan for the Works (Implementation Plan) in
consultation with the Project Engineer. The Implementation Plan shall, inter
alia, include a detailed schedule of implementation for putting up the Works
covering all stages/ aspects of the Works implementation including design
and engineering, procurement of materials and equipment, installation,
construction and testing;
(e) finalise in consultation with the Project Engineer a method statement setting
out details of the actual methods that would be adopted by the Contractor
for the construction of such Works including details of equipment and
machinery that would be used, their locations, and arrangements for
conveying and handling materials;
(f) finalise such Drawings as are necessary and the Implementation Schedule
in consultation with the Project Engineer;
(g) obtained all such Applicable Permits as are necessary to commence
construction of such Works;
(h) manpower deployment plan, including the designation of key personnel for
the management and supervision of all Works activities. (This would
include the designation of suitably qualified personnel for areas such as
contract administration and supervision, construction management, safety,
46
Draft EPC Agreement
environmental management, plant and equipment maintenance,

procurement, materials management and quality control);
(i) a broad method statement for key items (Earth Works, Concrete Works,
Structural Steel Works and Roads) setting out the methodology of
construction, materials and construction equipment mobilisation/ utilisation
plans, safety management plan and environmental management plan;
(j) finalise in consultation with the Project Engineer quality assurance and
quality control procedures to cover all aspects of the work so as to ensure
the desired quality;
(k) Format of the monthly report giving details of the physical progress in
execution of the Works and operations and maintenance activities
undertaken (Monthly Progress Report).
2.0 During Construction
2.1 The Contractor shall:
a. Take necessary precautions to minimise accidents and respond to Emergency as

quickly as possible;
b. Take precautions to avoid inconvenience to, damage to, destruction of or

disturbance to any third party rights and properties;
c. ensure adequate safety of personnel deployed at the Project Site which would
include measures for the safety such as the provision and maintenance of
barricades and illumination during night in consultation with the Project Engineer;
d. be in compliance with the Applicable Laws and Applicable Permits obtained for
the Works including the clearances obtained by PWD;
e. Adhere to the Implementation Plan; and
f. deploy adequate number of qualified and competent personnel having relevant

experience and skills for execution of the Works and interaction with the Project
Engineer/ PWD.
g. For the purposes of determining that Works are being undertaken in accordance
with PWD Construction Requirements, the Contractor shall with due diligence
carry out all necessary and periodical Tests in accordance with the instructions and
under the supervision of the Project Engineer and PWD Construction
Requirements. The Contractor shall maintain proper record of such Tests and the
remedial measures taken to cure the defects or deficiencies, if any, indicated by the
Test results.
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Draft EPC Agreement
2.2 Positions and Levels
a. The Contractor shall be responsible for :
i. the accurate setting-out in relation to original survey control points, lines and
levels of reference provided by PWD;
ii. the correctness of the positions, levels, dimensions and alignment of all parts of
the works;
iii. the provision of all necessary instruments, appliances and labour in connection
with the foregoing responsibilities;
b. If, at any time during execution of the works, any error is noticed in the position,
levels, dimensions or alignment of any part of the Construction Works, the
Contractor, on being asked to do so by the Project Engineer, shall at his own cost,
rectify such errors to the satisfaction of the Project Engineer.
c. The checking of any setting-out or of any line or level by the Project Engineer shall
not in any way relieve the Contractor of his responsibility for the accuracy thereof
and the Contractor shall carefully protect and preserve all benchmarks, sight rails,
pegs and other materials used in setting-out the works.
2.3 Tests
a. Various quality control tests would be undertaken for the Works as per the
standards prescribed by National building Code and Bureau of Indian Standards.
Where no testing methods are specified by the said standards, details of the Tests
to be carried out and specifications to be achieved for the Works or part thereof
shall be agreed upon with the Project Engineer prior to construction;
b. The Tests would be carried out at a location (place of manufacture, fabrication or
preparation, at site or any specialised testing laboratory) that the Project Engineer
may reasonably require, at the cost and expense of the Contractor.
c. The Contractor shall provide such assistance, labour, electricity, fuels, stores,
apparatus and instruments as are normally required for examining, measuring and
testing any materials or plant and shall supply samples of materials, as required by
the Project Engineer to undertake Tests.
2.4 No part of the Works shall be covered up or put out of view before the same has
been examined by the Project Engineer.
2.5 The Project Engineer may from time to time require:
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Draft EPC Agreement
a. removal from the Site, within such time as may be specified in its instructions, any
material, equipment, machinery or plant which, in its opinion, do not meet the
standards specified in the Construction Requirements;
b. Substitution/ replacement of such improper material, equipment, machinery or

plant;
c. Re-execution, of any or part of the Construction Works which in the opinion of the
Project Engineer do not meet the standards set out in the Design Requirements; and
d. the Contractor to make boreholes or to carry out exploratory excavation for the
Works.
2.6 The Contractor shall mobilise adequate numbers of equipment, plants and
machinery to ensure adherence to the Implementation Plan.
3.0 After Completion of Construction
Upon completion of construction but prior to issue of the Completion Certificate,

the Project Site shall be cleared of all construction equipment, surplus materials,
debris and temporary installations and shall be left in tidy and an aesthetically
pleasing appearance to the satisfaction of the Project Engineer.
4.0 Reporting Requirements and Documents to be provided
4.1 During the Construction Period, the Contractor shall submit to the Project
Engineer/ PWD, Monthly Progress Report (for each calendar month or part
thereof) within the first 5 working days of the following month. The report shall
review the progress made, identify slippages if any, and project the future activities
to be undertaken (including rectifications), operations and maintenance activities
undertaken and would, inter alia, include the following:
(i) Listing of working drawings/sketches submitted
(ii) Comments of the Project Engineer, if any on the working

drawings/sketches submitted
(iii) Contractor’s response to the comments on the Drawings/sketches
(iv) Listing of the "as built" drawings submitted
(v) Progress of pre-construction activities - mobilization of plant and

equipment, personnel, site office, utility relocation etc.
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Draft EPC Agreement
(vi) Contractor's compliance inspection report, if any required
(vii) Constraints in construction
(viii) Progress data with "S" curves, if applicable
(ix) Project data and sectional completion details
(x) Tests carried out, if any, and results thereof
(xi) Remedial measures taken by the Contractor following such tests, where
required
(xii) Review of milestones and reasons for delay, if any
(xiii) Suspension of construction, if any, its reasons, duration and the steps
undertaken to resume construction
(xiv) Change of Scope Notice issued by PWD, if any, and status thereof
(xv) All actual or potential deviations from the Implementation Plan
(xvi) Disagreements/ Disputes , if any and proposed measures to be taken
(xvii) Injury to any construction personnel during construction, its severity, cause
and remedial measure(s) taken to avoid recurrence
(xviii) Brief report of any accident / incident within the Project Site,
injury/fatality, property damage, cause of accident and actions taken to
avoid recurrence
(xix) Notes of meetings between the Contractor, the Project Engineer and PWD
highlighting critical decisions taken or agreements reached. Minutes of the
meeting issued by PWD shall also be included in the monthly progress
reports.
4.2 Prior to making the request for the issue of Completion Certificate, the Contractor
shall submit to PWD the following documents, free of costs:
(i) Two hardcopies and two copies in electronic form (two Compact Discs) of
the "As Built" drawings - detailed, accurately scaled and sequentially
numbered, covering all relevant engineering features, which in relation to
structures shall also include cross sections in each drawing;
(ii) copies of all geo-technical and borehole reports obtained by the Contractor,
if any.
50

EPC Agreement Draft Kerala Govt

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EPC Agreement Draft Kerala Govt

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Draft EPC Agreement

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT

Public Works Department

TAGORE CULTURAL CENTRE AT THIRUVANANTHAPURAM, KERALA

______________________, a company/firm incorporated under provisions of the

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

“Additional Works” shall have the meaning ascribed to it in Para 3 of Schedule 2

b. PWD has paid the Mobilisation Advance to the Contactor; and

c. Contractor has furnished the Performance Security.

“Completion Certificate” shall mean the certificate issued by Project Engineer

“Construction Period” means the period commencing on the Commencement

“Construction Requirements” shall mean the requirements as to construction of

“Defects Liability Period” means a period of 12 months commencing from

“Existing Works” shall have the meaning ascribed to it in Para 2 of Schedule 2

“Force Majeure” or “Force Majeure Event” means an act, event, condition, or

“GoK” shall mean Government of Kerala

“Project Engineer” shall mean a reputed Person appointed by PWD, for

“Schedule of Payments” means the schedule of payments specified in Schedule 3.

“Scheduled Project Completion Date” means 18 months from the

“Site” means the immovable property of the description provided in Schedule 1 on

“Termination” shall mean early termination of this Agreement pursuant to

c. the words "include" and "including" are to be construed without limitation;

g. references to recitals, Articles, sub-articles, clauses, or Schedules in this

h. any agreement, consent, approval, authorisation, notice, communication,

2.1 Rights of PWD

a. to appoint Project Engineer within 30 days from the date hereof.

c. to exercise such other rights as specified in this Agreement.

2.2 PWD’s Obligations

a. to deliver or cause to be delivered possession of the Site to the Contractor, within

b. to pay Mobilization Advance to the Contractor;

c. to make prompt payment of the Stage Payments/Contract Price in accordance with

d. to comply with and perform other obligations specified in this Agreement.

3.1 Powers and Duties

4.2 Performance Security

4.3 Payment of Taxes and Compliance with Applicable Laws

(a) Preparation of Drawings

(b) Review of Drawings

4.5 Construction Works

a. Contractor shall carry out construction activities to complete the Works in

4.6 Inspection by Project Engineer

4.7 Employees and Labour

d. The Contractor shall employ adequate number of appropriately qualified, skilled

(i) persists in any misconduct,

4.8 Environment and Safety

6.1 PWD shall be entitled to suggest modifications or alterations to the Works

7.1 Stage Completion Certificate

a. Upon completion of each stage of the Works (including satisfactory completion of

7.2 Completion Certificate

Upon completion of the Works (including satisfactory completion of Tests), the

10.1 Indemnity by Contractor

10.2 Contractor’s Care of the Works

10.3 PWD’s Risks

10.4 Consequences of PWD’s Risks

a. Construction All Risks cover for the Contract Price

11.2 General Requirements for Insurance

Nothing in this Article shall limit the obligations, liabilities or responsibilities of

12.1 Force Majeure Event

a. earthquake, flood, inundation, landslide;

12.2 Notice of Force Majeure Event