SCOPE OF WORK FOR INDEPENDENT ENGINEER [see rule 46(4)]

1. Scope.- (1) Indicative Terms of Reference for the Independent Engineer [the “Indicative Terms of Reference (TOR)”] for development of the […] Public Private Partnership (PPP) Project. The Public Private Partnership (PPP) Project is contemplated for [...]. (2) Terms of Reference (TOR) shall apply to construction, operation and maintenance of the Public Private Partnership (PPP) Project and Project Assets (Civil Structures, Plant and Machinery, any other as defined in Concession Agreement). 2. Role and functions of the Independent Engineer.- (1) The role and functions of the Independent Engineer shall include the following: (a) Review of the Drawings and Documents; (b) Review, inspection and monitoring of Construction Works; (c) Review, inspection and testing of Civil Works, Plant and Machinery; (d) Conducting Tests on completion of construction and issuing Completion / Provisional Certificate; (e) Review, inspection and monitoring of Operation and Maintenance (O&M); (f) Determining the costs of any works or services and / or their reasonableness; (h) Determining the period or any extension thereof, for performing any duty or obligation; and (i) Assisting the Parties in resolution of disputes. (2) The Independent Engineer shall discharge his duties in a fair, impartial and efficient manner, consistent with the highest standards of professional integrity and Good Industry Practice. 3. Termination.- The Independent Engineer shall inspect the Project Assets in accordance with the Exit Strategy. 4. Reporting Requirement.- The Independent Engineer shall prepare and submit to the Project Management Facility (PMF) of Procuring Entity 3 (three) copies and Concessionaire 2 (two) copies each of the following reports: (a) Design Review Phase: Monthly Progress Report. (b) Construction Phase: Monthly and Quarterly Inspection Report covering all aspects such as Progress Monitoring, Quality Assurance (QA) / Quality Control (QC) etc. (c) Operation and Maintenance Phase: (i) Monthly and Quarterly report on existing condition of facility including advise on all aspects of Operation and Maintenance, Toll Booths, Bridges or other Structures, Traffic Management and Safety, Telephone, Ambulance, etc.; and (ii) Monthly report on audit of the traffic using the Public Private Partnership (PPP) Project Highway at least once a month; (d) Various other reports as provided in the Concession Agreement such as Completion Report.