Epc Schedules

AGREEMENT FOR CONSTRUCTION OF
BRAHMAPUTRA BRIDGE WITH APPROCHES
For
“Construction of New 2-Lane Major Bridge Including

Approaches Over Brahmaputra Between Majuli on
North Bank and Jorhat on South Bank From Km 11/690
to Km 19/715 – Length of Bridge 6812.5 m (Part 1 of
Package– II) on NH 715 K in the State of Assam”
On
Engineering, Procurement & Construction
(EPC) Mode
November 2020
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
Table of Contents
Part I 12
Preliminary 12
Definitions and Interpretations 15

1.1 Definitions 15
1.2 Interpretation 22
1.3 Measurements and arithmetic conventions 25
1.4 Priority of agreements and errors/discrepancies 25
1.5 Joint and several liability 25
Part II 27
Scope of Project 27
Scope of the Project 3

2.1 Scope of the Project 3
Obligations of the Authority 4

3.1 Obligations of the Authority 4
3.2 Maintenance obligations prior to the Appointed Date 5
3.3 Environmental Clearances 6
3.4 Deemed Termination upon delay 6
Obligations of the Contractor 7

4.1 Obligations of the Contractor 7
4.2 Obligations relating to sub-contracts and any other agreements 9
4.3 Employment of foreign nationals 10
4.4 Contractor’s personnel 10
4.5 Advertisement on Project Highway 11
4.6 Contractor's care of the Works 11
4.7 Electricity, water and other services 11
4.8 Unforeseeable difficulties 11
4.9 Co-ordination of the Works 11
4.10 Environmental Measures 12
4.11 Site Data 12
4.12 Sufficiency of Contract Price 13
Ministry of Road Transport & Highways
4.13 Clearance of the Site 13
Representations and Warranties 14

5.1 Representations and warranties of the Contractor 14
5.2 Representations and warranties of the Authority 17
5.3 Disclosure 18
Disclaimer 19
6.1 Disclaimer 19
Part III 21
Construction and Maintenance 21
Performance Security 23
7.1 Performance Security 23
7.2 Extension of Performance Security and Additional Performance Security 24
7.3 Appropriation of Performance Security 24
7.4 Release of Performance Security 24
7.5 Retention Money 25
Right of Way 26
8.1 The Site 26
8.2 Procurement of the Site 26
8.3 Damages for delay in handing over the Site 27
8.4 Site to be free from Encumbrances 29
8.5 Protection of Site from encroachments 29
8.6 Special/ temporary Right of Way 30
8.7 Access to the Authority and the Authority’s Engineer 30
8.9 Geological and archaeological finds 30
Utilities and Trees 31

9.1 Existing utilities and roads 31
9.2 Shifting of obstructing utilities 31
9.3 New utilities 31
9.4 Felling of trees 32
9.5 Dismantling of structures 32
9.6 Development Period 32
Design and Construction of the Project Highway 33

10.1 Obligations prior to commencement of Works 33
10.2 Design and Drawings 35
10.3 Construction of the Project Highway 37
10.4 Maintenance during Construction Period 38
10.5 Extension of time for completion 39
10.6 Incomplete Works 40
10.7 Maintenance Manual 40
10.8 As-Built Records 41
10.9 Contractor's Use of Authority’s Documents 41
Quality Assurance, Monitoring and Supervision 42

11.1 Quality of Materials and workmanship 42
11.2 Quality control system 42
11.3 Methodology 42
11.4 Inspection and technical audit by the Authority 43
11.5 External technical audit 43
11.6 Inspection of construction records 43
11.7 Monthly progress reports 43
11.8 Inspection 44
11.9 Samples 45
11.10 Tests 45
11.11 Examination of work before covering up 45
11.12 Rejection 46
11.13 Remedial work 46
11.14 Delays during construction 47
11.15 Quality control records and Documents 47
11.16 Video recording 47
11.17 Suspension of unsafe Construction Works 47
11.18 Staff and Labour 48
Completion Certificate 51
12.1 Tests on Completion 51
12.2 Completion Certificate 51
Construction of New Two Lane Bridge Including Approaches Over Brahmaputra Between
Majuli on North Bank and Jorhat on South Bank From Km 11+690 to 19+715 of NH 715 K 3
– Length of Bridge 6812.5 m (Part 1 of Package– II) in the State of Assam on EPC Mode
12.3 Rescheduling of Tests 52
Change of Scope 53
13.1 Change of Scope 53
13.2 Procedure for Change of Scope 53
13.3 Payment for Change of Scope 55
13.4 Restrictions on Change of Scope 55
13.5 Power of the Authority to undertake Works 56
Maintenance 57
14.1 Maintenance obligations of the Contractor 57
14.2 Maintenance Requirements 58
14.3 Maintenance Programme 58
14.4 Safety, vehicle breakdowns and accidents 59
14.5 Lane closure 59
14.6 Reduction of payment for non-performance of Maintenance obligations 59
14.7 Authority’s right to take remedial measures 60
14.8 Restoration of loss or damage to Project Highway 60
14.9 Overriding powers of the Authority 60
14.10 Taking over Certificate 61
Supervision and Monitoring during Maintenance 62

15.1 Inspection by the Contractor 62
15.2 Inspection and payments 62
15.3 Tests 63
15.4 Reports of unusual occurrence 63
Traffic Regulation 64
16.1 Traffic regulation by the Contractor 64
Defects Liability 65
17.1 Defects Liability Period 65
17.2 Remedying Defects 65
17.3 Cost of remedying Defects 65
17.4 Contractor’s failure to rectify Defects 66
17.5 Extension of Defects Liability Period 66
Authority’s Engineer 67
18.1 Appointment of the Authority’s Engineer 67

18.2 Duties and authority of the Authority’s Engineer 67
18.3 Delegation by the Authority’s Engineer 68
18.4 Instructions of the Authority’s Engineer 68
18.5 Determination by the Authority’s Engineer 69
18.6 Remuneration of the Authority’s Engineer 69
18.7 Termination of the Authority’s Engineer 69
Part IV 71
Financial Covenants 71
Payments 73
19.1 Contract Price 73
19.2 Advance Payment 73
19.3 Procedure for estimating the payment for the Works 75
19.4 Stage Payment Statement for Works 76
19.5 Stage Payment for Works 76
19.6 Monthly Maintenance Statement of the Project Highway 76
19.7 Payment for Maintenance of the Project Highway 77
19.8 Payment of Damages 77
19.9 Time of payment and interest 78
19.10 Price adjustment for the Works 78
19.11 Restrictions on price adjustment 81
19.12 Price adjustment for Maintenance of Project Highway 81
19.13 Final Payment Statement 82
19.14 Discharge 82
19.15 Final Payment Certificate 82
19.16 Final payment statement for Maintenance 83
19.17 Change in law 83
19.18 Correction of Interim Payment Certificates 84
19.19 Authority’s claims 84
19.20 Bonus for early completion 84
Insurance 85
20.1 Insurance for Works and Maintenance 85
20.2 Notice to the Authority 86

20.3 Evidence of Insurance Cover 86
20.4 Remedy for failure to insure 86
20.5 Waiver of subrogation 86
20.6 Contractor’s waiver 87
20.7 Cross liabilities 87
20.8 Accident or injury to workmen 87
20.9 Insurance against accident to workmen 87
20.10 Application of insurance proceeds 87
20.11 Compliance with policy conditions 88
20.12 General Requirements of Insurance Policies 88
Part V 89
Force Majeure and Termination 89
Force Majeure 91
21.1 Force Majeure 91
21.2 Non-Political Event 91
21.3 Indirect Political Event 91
21.4 Political Event 92
21.5 Duty to report Force Majeure Event 92
21.6 Effect of Force Majeure Event on the Agreement 93
21.7 Termination Notice for Force Majeure Event 94
21.8 Termination Payment for Force Majeure Event 94
21.9 Dispute resolution 95
21.10 Excuse from performance of obligations 95
Suspension of Contractor’s Rights 96

22.1 Suspension upon Contractor Default 96
22.2 Authority to act on behalf of Contractor 96
22.3 Revocation of Suspension 96
22.4 Termination 96
Termination 97
23.1 Termination for Contractor Default 97
23.2 Termination for Authority Default 99
23.3 Termination for Authority’s convenience 100

23.4 Requirements after Termination 100
23.5 Valuation of Unpaid Works 101
23.6 Termination Payment 101
23.7 Other rights and obligations of the Parties 102
23.8 Survival of rights 102
23.9 Foreclosure with mutual consent 103
Part VI 105
Other Provisions 105
Assignment and Charges 107

24.1 Restrictions on assignment and charges 107
24.2 Hypothecation of Materials or Plant 107
Liability and Indemnity 108

25.1 General indemnity 108
25.2 Indemnity by the Contractor 108
25.3 Notice and contest of claims 109
25.4 Defence of claims 109
25.5 Survival on Termination 110
Dispute Resolution 111

26.1 Dispute Resolution 111
26.2 Conciliation 111
26.3 Arbitration 111
26.4 Adjudication by Regulatory Authority, Tribunal or Commission 112
Miscellaneous 113
27.1 Governing law and jurisdiction 113
27.2 Waiver of immunity 113
27.3 Delayed payments 113
27.4 Waiver 113
27.5 Liability for review of Documents and Drawings 114
27.6 Exclusion of implied warranties etc. 114
27.7 Survival 114
27.8 Entire Agreement 115

27.9 Severability 115
27.10 No partnership 115
27.11 Third parties 115
27.12 Successors and assigns 115
27.13 Notices 116
27.14 Language 116
27.15 Counterparts 116
27.16 Confidentiality 116
27.17 Copyright and Intellectual Property rights 117
27.18 Limitation of Liability 117
27.19 Care and Supply of Documents 118
27.20 Authority’s Use of Contractor’s Documents. 118
27.21 Contractor’s Use of Authority’s Documents 118
27.22 Access to the Site by Others 119
27.23 Term 119
27.24 Amendments 119
27.25 Representation and Bribes 119
27.26 No Agency 119
Schedules 121
Schedule-A 123
Schedule-B 12334
Schedule-C 12361
Schedule - D 165
Specifications and Standards 165
1. Construction 165
2. Design Standards 165
Annex-I : Specifications and Standards for Construction 166
Annex-II : Specifications and Standards for Construction Extra-dosed Bridge 168
Schedule - E 189
Maintenance Requirements 189

1. Maintenance Requirements 189

2. Repair/rectification of Defects and deficiencies 189
3. Other Defects and deficiencies 189
4. Extension of time limit 189
5. Emergency repairs/restoration 190
6. Daily inspection by the Contractor 190
7. Pre-monsoon inspection / Post-monsoon inspection 190
8. Repairs on account of natural calamities 190
Annex-I : Repair/rectification of Defects and deficiencies 191
Annex-II 211
Annex-II: Tentative guidelines for maintenance of Cable stayed bridge 211
Schedule - F 225
Applicable Permits 225
1. Applicable Permits 225
Schedule – G 226
Annex-I : Form of Bank Guarantee 226

Annex-II : Form for Guarantee for Advance Payment 229
Schedule - H Error! Bookmark not defined.
Contract Price Weightages Error! Bookmark not defined.
Schedule - I 272
Drawings 272
1. Drawings 272
Annex – I 273
Annex-I List of Drawings 273
Schedule - J 274
Project Completion Schedule 274
1. Project Completion Schedule 274

2. Project Milestone-I 274
3. Project Milestone-II 274

4. Project Milestone-III 274
5. Project Milestone-IV
6. Scheduled Completion Date 275

7. Extension of time 275
Schedule - K 276
Tests on Completion 276
1. Schedule for Tests 276

2. Tests 276
3. Agency for conducting Tests 277
4. Completion Certificate 277
Schedule - L 278
Completion Certificate 278
Schedule - M 279
Payment Reduction for Non-Compliance 279
1. Payment reduction for non-compliance with the Maintenance Requirements 279

2. Percentage reductions in lump sum payments on monthly basis 279
Schedule - N 281
Selection of Authority’s Engineer 281
1. Selection of Authority’s Engineer 281

2. Terms of Reference 281
3. Appointment of Government entity as Authority’s Engineer 281
Annex-I : Terms of Reference for Authority’s Engineer 282
Schedule - O 288
Forms of Payment Statements 288
1. Stage Payment Statement for Works 288

2. Monthly Maintenance Payment Statement 288
3. Contractor’s claim for Damages 288
Schedule - P 289
Insurance 289
1. Insurance during Construction Period 289

2. Insurance for Contractor's Defects Liability 289
3. Insurance against injury to persons and damage to property 289
4. Insurance to be in joint names 290
Schedule-Q 291
Tests on Completion of Maintenance Period 291
1. Riding Quality test: 291

2. Visual and physical test: 291
Schedule-R 292
Taking Over Certificate 292
Part I
Preliminary
Engineering, Procurement and Construction Agreement
THIS AGREEMENT1 is entered into on this the ……….. day of ………, 20…..
Between
[The President of India through the Ministry of Road Transport & Highways,
Government of India represented by:
Director General (Road Development) & Special Secretary, Ministry of Road Transport
& Highways, Transport Bhawan, 1, Parliament Street, New Delhi 110001
(hereinafter referred to as the “Authority” which expression shall, unless repugnant

to the context or meaning thereof, include its administrators, successors and assigns)
of One Part;
And
<insert name of party>,2 the selected bidder3 having its registered office at <insert
registered office address of the party>, (hereinafter referred to as the “Contractor”
which expression shall, unless repugnant to the context or meaning thereof, include
its successors and permitted assigns) of the Other Part.
Whereas:
A. [The Government of India] entrusted [Construction of New Two Lane Bridge Including
Approaches Over Brahmaputra Between Majuli on North Bank and Jorhat on South
Bank From Km 11+690 to 19+715 of NH 715 K – Length of Bridge 6812.5 m (Part 1 of
Package– II) in the State of Assam on EPC Mode]4 to the Authority;
B. The Authority resolved to [Construction of New Two Lane Bridge Including Approaches
Over Brahmaputra Between Majuli on North Bank and Jorhat on South Bank From Km
11+690 to 19+715 of NH 715 K – Length of Bridge 6812.5 m (Part 1 of Package– II) in
the State of Assam on EPC Mode]on Engineering, Procurement, Construction (“EPC”) basis in
accordance with the terms and conditions to be set forth in an agreement to be entered into.
C. The Authority accordingly invited the proposals (the “Request for Proposals” or “RFP”) from the
eligible bidders as per the technical and commercial terms and conditions prescribed in the RFP for
undertaking the Project.
D. After evaluation of the bids received, the Authority accepted the bid of the selected bidder and
1
Serially numbered footnotes in this Agreement are for guidance of the Authority and should be omitted from
the draft Agreement forming part of Bid Documents. Footnotes marked “$” shall be retained in the draft
Agreement.
2
All provisions enclosed in curly parenthesis shall be retained in the Bid Documents and shall be modified as
required after the selected bidder has been identified.
3
Refers to the single entity or the lead member of the joint venture, which is the selected bidder under the RFP.
4
All project-specific provisions in this Model EPC Agreement have been enclosed in square parenthesis and
may be modified, as necessary, before issuing the draft Agreement forming part of Bid Documents.
issued its Letter of Acceptance No. <insert details> dated <insert date> (hereinafter called the
“LOA”) to the selected bidder for [construction of the above section of [NH 715 K] at the Contract
Price specified hereinafter, requiring the selected bidder to inter alia:
(i) to give his consent to enter into this Agreement and the enforceability of the provisions
thereof, within 10 (ten) days of the date of issue of LOA;
(ii) submit Performance Security and Additional Performance Security (if any) as per RFP
requirements, and
(iii) execute this Agreement within 30 (thirty) days of the date of issue of LOA.
E. The Contractor has fulfilled the requirements specified in Recital (D) above;
NOW, THEREFORE, in consideration of the foregoing and the respective covenants

set forth in this Agreement, the sufficiency and adequacy of which is hereby
acknowledged, the Authority hereby covenants to pay the Contractor, in
consideration of the obligations specified herein, the Contract Price or such other sum
as may become payable under the provisions of the Agreement at the times and in the
manner specified by the Agreement and intending to be legally bound hereby, the
Parties agree as follows:
– Length of Bridge 6812.5 m ( Part-1 of Package– II) in the State of Assam on EPC Mode.
Article 1
Definitions and Interpretations
1.1 Definitions
(i) The words and expressions beginning with capital letters and defined in this
Agreement shall, unless the context otherwise requires, have the meaning ascribed
thereto herein, and the words and expressions defined in the Schedules and used
therein shall have the meaning ascribed thereto in the Schedules.
(ii) In this Agreement, the following words and expressions shall, unless repugnant to the
context or meaning thereof, have the meaning hereinafter respectively assigned to
them:
“Accounting Year” means the financial year commencing from the first day of April of any
calendar year and ending on the thirty-first day of March of the next calendar year;
“Advance Payment” shall have the meaning set forth in Clause 19.2;
“Affected Party” shall have the meaning set forth in Clause 21.1;
“Affiliate” means, in relation to either Party {and/or Members}, a person who controls, is
controlled by, or is under the common control with such Party {or Member} (as used in this
definition, the expression “control” means, with respect to a person which is a company or
corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the
voting shares of such person, and with respect to a person which is not a company or
corporation, the power to direct the management and policies of such person, whether by
operation of law or by contract or otherwise);
“Agreement” means this Agreement, its Recitals, the Schedules hereto and any amendments
thereto, or any supplementary agreement made in accordance with the provisions contained
in this Agreement;
“Applicable Laws” means all laws, brought into force and effect by the GOI or the State
Government including rules, regulations and notifications made thereunder, and judgements,
decrees, injunctions, writs and orders of any court of record, applicable to this Agreement and
the exercise, performance and discharge of the respective rights and obligations of the Parties
hereunder, as may be in force and effect during the subsistence of this Agreement;
“Applicable Permits” means all clearances, licences, permits, authorisations, no objection

certificates, consents, approvals and exemptions required to be obtained or maintained under
Applicable Laws in connection with the construction, operation and maintenance of the
Project Highway during the subsistence of this Agreement;
“Appointed Date” means the date declared by the Authority as the project commencement
date with the consent of the contractor, as per the process prescribed in Article 3 and 8 of this
Agreement;
“Arbitration Act” means the Arbitration and Conciliation Act, 1996, with all its subsequent
amendments;
“Authority” shall have the meaning attributed thereto in the array of Parties hereinabove as
set forth in the Recitals;
“Authority Default” shall have the meaning set forth in Clause 23.2;
“Authority’s Engineer” shall have the meaning set forth in Clause 18.1;
“Authority Representative” means such person or persons as may be authorised in writing

by the Authority to act on its behalf under this Agreement and shall include any person or
persons having authority to exercise any rights or perform and fulfil any obligations of the
Authority under this Agreement;
“Bank” means a bank incorporated in India and recognized by the Reserve Bank of India
“Base Rate” means the floor rate of interest announced by the State Bank of India for all its
lending operations;
“Base Date” means the last date of the calendar month, which precedes the Bid Due Date by at
least 28 (twenty eight) days;
“Bid” means the documents in their entirety comprised in the bid submitted by the [selected
bidder/ Joint venture] in response to the Request for Proposal in accordance with the
provisions thereof;
“Bid Security” means the bid security provided by the Contractor to the Authority in
accordance with the Request for Proposal, and which is to remain in force until substituted by
the Performance Security;
“Change in Law” means the occurrence of any of the following after the Base Date:
(a) the enactment of any new Indian law;

(b) the repeal, modification or re-enactment of any existing Indian law;
(c) the commencement of any Indian law which has not come into effect until the
Base Date; or
(d) a change in the interpretation or application of any Indian law by a judgement
of a court of record which has become final, conclusive and binding, as
compared to such interpretation or application by a court of record prior to
the Base Date.
“Change of Scope” shall have the meaning set forth in Article 13;
“Change of Scope Notice” shall have the meaning set forth in Clause 13.2 (i);
“Change of Scope Request” shall have the meaning set forth in Clause 13.2 (ii);
“Change of Scope Order” shall have the meaning set forth in Clause 13.2 (iv);
“Completion Certificate” shall have the meaning set forth in Clause 12.2;
“Construction” shall have the meaning set forth in Clause 1.2 (f);
“Construction Period” means the period commencing from the Appointed Date and ending
on the date of the Completion Certificate;
“Construction Zone” shall have the meaning set forth in Clause 8.3 (i);
“Contract Price” means the amount specified in Clause 19.1 (i);
“Contractor” shall have the meaning attributed thereto in the array of Parties hereinabove as
set forth in the Recitals;
“Contractor Default” shall have the meaning set forth in Clause 23.1;
“Cure Period” means the period specified in this Agreement for curing any breach or default
of any provision of this Agreement by the Party responsible for such breach or default and
shall:
(e) commence from the date on which a notice is delivered by one Party to the
other Party asking the latter to cure the breach or default specified in such
notice;
(f) not relieve any Party from liability to pay Damages or compensation under
the provisions of this Agreement; and
(g) not in any way be extended by any period of Suspension under this
Agreement; provided that if the cure of any breach default by the Contractor
requires any reasonable action by the Contractor that must be approved by
the Authority or the Authority’s Engineer hereunder, the applicable Cure
Period shall be extended by the period taken by the Authority or the
Authority’s Engineer to accord their approval;
“Damages” shall have the meaning set forth in paragraph (w) of Clause 1.2;
“Defect” means any defect or deficiency in Construction of the Works or any part thereof,
which does not conform with the Specifications and Standards, and in the case of Maintenance,
means any Defect or deficiency which is specified in Schedule-E;
“Defects Liability Period” shall have the meaning set forth in Clause 17.1;
“Dispute” shall have the meaning set forth in Clause 26.1;
“Dispute Resolution Procedure” means the procedure for resolution of Disputes set forth in
Article 26;
“Drawings” means all of the drawings, calculations and documents pertaining to the Project
Highway as set forth in Schedule-I, and shall include ‘as built’ drawings of the Project Highway;
“Document” or “Documentation” means documentation in printed or written form, or in

tapes, discs, drawings, computer programmes, writings, reports, photographs, films, cassettes,
or expressed in any other written, electronic, audio or visual form;
“Emergency” means a condition or situation that is likely to endanger the safety or security of
the individuals on or about the Project Highway, including Users thereof, or which poses an
immediate threat of material damage to any of the Project Assets;
“Encumbrances” means, in relation to the Project Highway, any encumbrances such as

mortgage, charge, pledge, lien, hypothecation, security interest, assignment, privilege or
priority of any kind having the effect of security or other such obligations, and shall include
any designation of loss to payees or beneficiaries or any similar arrangement under any
insurance policy pertaining to the Project Highway, where applicable herein but excluding
utilities referred to in Clause 9.1;
“EPC” means engineering, procurement and construction;
“Final Payment Certificate” shall have the meaning set forth in Clause 19.15;
“Final Payment Statement” shall have the meaning set forth in Clause 19.13;
“Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it in Clause
21.1;
“GAD” or “General Arrangement Drawings” shall have the meaning set forth in Clause 3.1
(iii) (b);
“GOI” or “Government” means the Government of India;
“Good Industry Practice” means the practices, methods, techniques, designs, standards,
skills, diligence, efficiency, reliability and prudence which are generally and reasonably
expected from a reasonably skilled and experienced contractor engaged in the same type of
undertaking as envisaged under this Agreement and which would be expected to result in
the performance of its obligations by the Contractor in accordance with this Agreement,
Applicable Laws and Applicable Permits in reliable, safe, economical and efficient manner;
“Government Instrumentality” means any department, division or sub- division of the

Government or the State Government and includes any commission, board, authority, agency
or municipal and other local authority or statutory body including panchayat under the
control of the Governmentor the State Government, as the case may be, and having jurisdiction
over all or any part of the Project Highway or the performance of all or any of the services or
obligations of the Contractor under or pursuant to this Agreement;
“Handover Memorandum” shall have the meaning set forth in Clause 8.2;
“IRC” means the Indian Roads Congress;
“Indemnified Party” means the Party entitled to the benefit of an indemnity pursuant to
Article 25;
“Indemnifying Party” means the Party obligated to indemnify the other Party pursuant to
Article 25;
“Indirect Political Event” shall have the meaning set forth in Clause 21.3;
“Insurance Cover” means the aggregate of the maximum sums insured under the insurance
taken out by the Contractor pursuant to Article 20, and includes all insurances required to be
taken out by the Contractor under Clauses 20.1 and 20.9 but not actually taken, and when used
in the context of any act or event, it shall mean the aggregate of the maximum sums insured
and payable or deemed to be insured and payable in relation to such act or event;
“Intellectual Property” means all patents, trademarks, service marks, logos, get-up, trade
names, internet domain names, rights in designs, blue prints, programmes and manuals,
drawings, copyright (including rights in computer software), database rights, semi-conductor,
topography rights, utility models, rights in know-how and other intellectual property rights, in
each case whether registered or unregistered and including applications for registration, and
all rights or forms of protection having equivalent or similar effect anywhere in the world;
“Interim Payment Certificate” or “IPC” means the interim payment certificate issued by the
Authority’s Engineer for payment to the Contractor in respect of Contractor’s claims for
payment raised in accordance with the provisions of this Agreement;
“Joint Venture” means the group of entities which have come together for implementation of
this Project;
“Lead Member” shall, in the case of a joint venture, mean the member of such joint venture
who shall have the authority to bind the contractor and each member of the Joint venture; and
shall be deemed to be the Contractor for the purposes of this Agreement; the Lead Member
shall itself undertake and perform at least 51% (fifty one per cent) of the total length of the
Project Highway;
“LOA” or “Letter of Acceptance” means the letter of acceptance issued by the Authority as
referred to in Recital (D);
“Maintenance” means the maintenance of the Project Highway as set forth in Article 14 for
the period specified therein;
“Maintenance Inspection Report” shall have the meaning set forth in Clause 15.2;
“Maintenance Manual” shall have the meaning ascribed to it in Clause 10.7;
“Maintenance Programme” shall have the meaning set forth in Clause 14.3;
“Maintenance Period” shall have the meaning set forth in Clause 14.1;
“Maintenance Requirements” shall have the meaning set forth in Clause 14.2;
“Major Bridge” means a bridge having a total length of more than 60 (sixty) metres between
the inner faces of the dirt walls as specified in IRC:5;
“Manual” shall mean the Manual of Standards and Specifications for Project Highways;
“Material Adverse Effect” means a material adverse effect of any act or event on the ability of
either Party to perform any of its obligations under and in accordance with the provisions of
this Agreement and which act or event causes a material financial burden or loss to either
Party;
“Materials” comprise of all the supplies used by the Contractor used in the Works or for the
maintenance of the Project Highway;
“Monthly Maintenance Statement shall have the meaning set forth in Clause 19.6;
“MORTH” means the Ministry of Road Transport and Highways or any substitute thereof
dealing with Highways;
“Non-Political Event” shall have the meaning set forth in Clause 21.2;
“Parties” means the parties to this Agreement collectively and “Party” shall mean any of the
parties to this Agreement individually;
“Performance Security” and “Additional Performance Security” shall have the meaning set
forth in Clause 7.1;
“Plant” means the apparatus and machinery intended to form or forming part of the works of
the Works;
“Political Event” shall have the meaning set forth in Clause 21.4;
“Programme” shall have the meaning set forth in Clause 10.1 (iii);
“Project” means the construction and maintenance of the Project Highway in accordance with
the provisions of this Agreement, and includes all works, services and equipment relating to or
in respect of the Scope of the Project;
“Project Assets” means all physical and other assets relating to (a) tangible assets such as
civil works and equipment including foundations, embankments, pavements, road surface,
interchanges, bridges, culverts, road over-bridges, drainage works, traffic signals, sign boards,
kilometre-stones, [toll plaza(s)], electrical systems, communication systems, rest areas, relief
centres, maintenance depots and administrative offices; and (b) Project Facilities situated on
the Site;
“Project Completion Date” means the date on which the Completion Certificate is issued;
“Project Completion Schedule” means the progressive Project Milestones set forth in
Schedule-J for completion of the Project Highway on or before the Scheduled Completion Date;
“Project Facilities” means all the amenities and facilities situated on the Site, as described in
Schedule-C;
“Project Highway” means the Site comprising the existing road {, proposed bypasses and
tunnels} forming part of [NH-** from km ** to km **] and all Project Assets, and its subsequent
development and augmentation in accordance with this Agreement;
“Project Milestone” means the project milestone set forth in Schedule-J;
“Proof Consultant” shall have the meaning set forth in Clause 10.2;
“Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause 11.2;
“Re.”, “Rs.” or “Rupees” or “Indian Rupees” or “INR” means the lawful currency of the
Republic of India;
“Request for Proposals” or “RFP” shall have the meaning set forth in Recital ‘C’;
“Retention Money” shall have the meaning set forth in Clause 7.5;
“Right of Way” means and refers to the total land required and acquired for the project, both
in its width and length, together with all way leaves, easements, unrestricted access and other
rights of way, howsoever described, necessary for construction and maintenance of the Project
Highway in accordance with this Agreement;
“Safety Consultant” shall have the meaning set forth in Clause 10.1;
“Scheduled Completion Date” shall be the date set forth in Clause 10.3;
“Scheduled Construction Period” means the period commencing from the Appointed Date
and ending on Scheduled Completion Date;
“Scope of the Project” shall have the meaning set forth in Clause 2.1;
“Section” means a part of the Project Highway;
“Site” shall have the meaning set forth in Clause 8.1;
“Specifications and Standards” means the specifications and standards relating to the
quality, quantity, capacity and other requirements for the Project Highway, as set forth in
Schedule-D, and any modifications thereof, or additions thereto, as included in the design and
engineering for the Project Highway submitted by the Contractor to, and expressly approved
by, the Authority;
"Stage Payment Statement" shall have the meaning set forth in Clause 19.4;
“Structures” means an elevated road or a flyover, as the case may be;
“Sub-contractor” means any person or persons to whom a part of the Works or the
Maintenance has been subcontracted by the Contractor and the permitted legal successors in
title to such person, but not an assignee to such person;
“Suspension” shall have the meaning set forth in Article 22;
“Taking Over Certificate” shall have the meaning set forth in Clause 14.10;
“Taxes” means any Indian taxes including GST, excise duties, customs duties, value added tax,
sales tax, local taxes, cess and any impost or surcharge of like nature (whether Central, State or
local) on the goods, Materials, equipment and services incorporated in and forming part of the
Project Highway charged, levied or imposed by any Government Instrumentality, but
excluding any interest, penalties and other sums in relation thereto imposed on any account
whatsoever. For the avoidance of doubt, Taxes shall not include taxes on corporate income;
“Termination” means the expiry or termination of this Agreement;
“Termination Notice” means the communication issued in accordance with this Agreement
by one Party to the other Party terminating this Agreement;
“Termination Payment” means the amount payable by either Party to the other upon
Termination in accordance with Article 23;
“Terms of Reference” or “TOR” shall have the meaning set forth in Clause 18.2;
“Tests” means the tests set forth in Schedule-K to determine the completion of Works in
accordance with the provisions of this Agreement;
“Time Extension” shall have the meaning set forth in Clause 10.5;
“User” means a person who travels or intends to travel on the Project Highway or any part
thereof in/on any vehicle;
“Valuation of Unpaid works” shall have the meaning set forth in Clause 23.5;
“Works” means all works including survey and investigation, design, engineering,
procurement, construction, Plant, Materials, maintenance, temporary works and other things
necessary to complete the Project Highway in accordance with this Agreement; and
“WPI” means the wholesale price index for various commodities as published by the Ministry of
Commerce and Industry, GOI and shall include any index which substitutes the WPI, and any
reference to WPI shall, unless the context otherwise requires, be construed as a reference to
the WPI published for the period ending with the preceding month.
1.2 Interpretation
(i) In this Agreement, unless the context otherwise requires,
(a) references to any legislation or any provision thereof shall include

amendment or re-enactment or consolidation of such legislation or any
provision thereof so far as such amendment or re-enactment or consolidation
applies or is capable of applying to any transaction entered into hereunder;
(b) references to laws of India or Indian law or regulation having the force of law
shall include the laws, acts, ordinances, rules, regulations, bye laws or
notifications which have the force of law in the territory of India and as from
time to time may be amended, modified, supplemented, extended or re-
enacted;
(c) references to a “person” and words denoting a natural person shall be
construed as a reference to any individual, firm, company, corporation,
society, trust, government, state or agency of a state or any association or
partnership (whether or not having separate legal personality) of two or more
of the above and shall include successors and assigns;
(d) the table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Agreement;
(e) the words “include” and “including” are to be construed without limitation
and shall be deemed to be followed by “without limitation” or “but not limited
to” whether or not they are followed by such phrases;
(f) references to “construction” or “building” include, unless the context
otherwise requires, survey and investigation, design, developing, engineering,
procurement, supply of plant, materials, equipment, labour, delivery,
transportation, installation, processing, fabrication, testing, and
commissioning of the Project Highway, including maintenance during the
Construction Period, removing of defects, if any, and other activities incidental
to the construction and “construct” or “build” shall be construed accordingly;
(g) references to “development” include, unless the context otherwise requires,
construction, renovation, refurbishing, augmentation, up- gradation and other
activities incidental thereto during the Construction Period, and “develop”
shall be construed accordingly;
(h) any reference to any period of time shall mean a reference to that according to
Indian standard time;
(i) any reference to day shall mean a reference to a calendar day;
(j) references to a “business day” shall be construed as a reference to a day
(other than a Sunday) on which banks in Delhi are generally open for
business;
(k) any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;
(l) references to any date, period or Project Milestone shall mean and include
such date, period or Project Milestone as may be extended pursuant to this
Agreement;
(m) any reference to any period commencing “from” a specified day or date and
“till” or “until” a specified day or date shall include both such days or dates;
provided that if the last day of any period computed under this Agreement is
not a business day, then the period shall run until the end of the next business
day;
(n) the words importing singular shall include plural and vice versa;
(o) references to any gender shall include the other and the neutral gender;
(p) “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);
(q) “indebtedness” shall be construed so as to include any obligation (whether
incurred as principal or surety) for the payment or repayment of money,
whether present or future, actual or contingent;
(r) references to the “winding-up”, “dissolution”, “insolvency”, or
“reorganisation” of a company or corporation shall be construed so as to
include any equivalent or analogous proceedings under the law of the
jurisdiction in which such company or corporation is incorporated or any
jurisdiction in which such company or corporation carries on business
including the seeking of liquidation, winding-up, reorganisation, dissolution,

arrangement, protection or relief of debtors;
(s) save and except as otherwise provided in this Agreement, any reference, at
any time, to any agreement, deed, instrument, licence or document of any
description shall be construed as reference to that agreement, deed,
instrument, licence or other document as amended, varied, supplemented,
modified or suspended at the time of such reference; provided that this Clause
shall not operate so as to increase liabilities or obligations of the Authority
hereunder or pursuant hereto in any manner whatsoever;
(t) any agreement, consent, approval, authorisation, notice, communication,
information or report required under or pursuant to this Agreement from or
by any Party or the Authority’s Engineer shall be valid and effective only if it is
in writing under the hand of a duly authorised representative of such Party or
the Authority’s Engineer, as the case may be, in this behalf and not otherwise;
(u) the Schedules and Recitals to this Agreement form an integral part of this
Agreement and will be in full force and effect as though they were expressly
set out in the body of this Agreement;
(v) references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this
Agreement shall, except where the context otherwise requires, mean
references to Recitals, Articles, Clauses, Sub-clauses and Schedules of or to
this Agreement, and references to a Paragraph shall, subject to any contrary
indication, be construed as a reference to a Paragraph of this Agreement or of
the Schedule in which such reference appears;
(w) the damages payable by either Party to the other of them, as set forth in this
Agreement, whether on per diem basis or otherwise, are mutually agreed
genuine pre-estimated loss and damage likely to be suffered and incurred by
the Party entitled to receive the same and are not by way of penalty or
liquidated damages (the “Damages”); and
(x) time shall be of the essence in the performance of the Parties’ respective
obligations. If any time period specified herein is extended for the reasons
specified in the Agreement, such extended time shall also be of the essence.
(ii) Unless expressly provided otherwise in this Agreement, any Documentation required
to be provided or furnished by the Contractor to the Authority shall be provided free
of cost and in three copies, and if the Authority is required to return any such
Documentation with its comments and/or approval, it shall be entitled to retain two
copies thereof.
(iii) The rule of construction, if any, that a contract should be interpreted against the
parties responsible for the drafting and preparation thereof, shall not apply.
(iv) Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these
purposes, the General Clauses Act, 1897 shall not apply.
1.3 Measurements and arithmetic conventions
All measurements and calculations shall be in the metric system and calculations
done to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded
up and below 5 (five) being rounded down.
1.4 Priority of agreements and errors/discrepancies
(i) This Agreement, and all other agreements and documents forming part of or referred
to in this Agreement are to be taken as mutually explanatory and, unless otherwise
expressly provided elsewhere in this Agreement, the priority of this Agreement and
other documents and agreements forming part hereof or referred to herein shall, in
the event of any conflict between them, be in the following order:
(a) this Agreement; and

(b) all other agreements and documents forming part hereof or referred to
herein; i.e. this Agreement at (a) above shall prevail over the agreements and
documents at (b).
(ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies
within this Agreement, the following shall apply:
(a) between two or more Clauses of this Agreement, the provisions of a specific
Clause relevant to the issue under consideration shall prevail over those in
other Clauses;
(b) between the Clauses of this Agreement and the Schedules, the Clauses shall
prevail and between Schedules and Annexes, the Schedules shall prevail;
(c) between any two Schedules, the Schedule relevant to the issue shall prevail;
(d) between the written description on the Drawings and the Specifications and
Standards, the latter shall prevail;
(e) between the dimension scaled from the Drawing and its specific written
dimension, the latter shall prevail; and
(f) between any value written in numerals and that in words, the latter shall
prevail.
1.5 Joint and several liability
(i) If the Contractor has formed a Joint Venture of two or more persons for implementing
the Project:
(a) these persons shall, without prejudice to the provisions of this Agreement or
any other agreement, be deemed to be jointly and severally liable to the
Authority for the performance of the Agreement; and
(b) the Contractor shall ensure that no change in the composition of the Joint
Venture is effected without the prior consent of the Authority.
(ii) Without prejudice to the joint and several liability of all the members of the Joint
Venture, the Lead Member shall represent all the members of the Joint Venture and
shall always be liable and responsible for discharging the functions and obligations
of the Contractor. The Contractor shall ensure that each member of the Joint Venture
shall be bound by any decision, communication, notice, action or inaction of the Lead
Member on any matter related to this Agreement and the Authority shall be entitled
to rely upon any such action, decision or communication of the Lead Member. The
Authority shall have the right to release payments solely to the Lead Member and
shall not in any manner be responsible or be held liable for the inter se allocation of
payments among members of the Joint venture. 5
5
This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a
Joint venture, the Authority may, at its discretion, delete this provision.
Part II
Scope of Project
Article 2
Scope of the Project
2.1 Scope of the Project
Under this Agreement, the scope of the Project (the “Scope of the Project”) shall mean and
include:
(a) construction of the Project on the Site set forth in Schedule- A and as specified
in Schedule-B together with provision of Project Facilities as specified in
Schedule-C, and in conformity with the Specifications and Standards set forth
in Schedule-D;
(b) maintenance of the Project in accordance with the provisions of this
Agreement and in conformity with the requirements set forth in Schedule-E;
and
(c) Performance and fulfilment of all other obligations of the Contractor in
accordance with the provisions of this Agreement and matters incidental
thereto or necessary for the performance of any or all of the obligations of the
Contractor under this Agreement.
Article 3
Obligations of the Authority
3.1 Obligations of the Authority
(i) The Authority shall, at its own cost and expense, undertake, comply with and perform
all its obligations set out in this Agreement or arising hereunder.
(ii) The Authority shall be responsible for the correctness of the Scope of the Project,
Project Facilities, Specifications and Standards and the criteria for testing of the
completed Works.
(iii) The Authority shall, upon submission of the Performance Security as per the RFP by
the Contractor, shall provide to the Contractor:
(a) No less than 90% (ninety per cent) of the required Right of Way of the
Construction Zone of total length of the Project Highway within a period of 30
(thirty) days from the date of this Agreement, which shall be in contiguous
stretches of length not less than 5 (five) kilometre.
(b) approval of the general arrangement drawings (the “GAD”) from railway
authorities to enable the Contractor to construct road over- bridges/ under-
bridges at level crossings on the Project Highway in accordance with the
Specifications and Standards, and subject to the terms and conditions
specified in such approval, within a period of 60 (sixty) days from the
Appointed Date, and reimbursement of all the costs and expenses paid by the
Contractor to the railway authorities for and in respect of the road over-
bridges/ under bridges; and6
(c) all environmental clearances as required under Clause 4.3.7
(iv) Delay in providing the Right of Way or approval of GAD by railway authorities, as the
case may be, in accordance with the provisions of Clause 3.1 (iii) shall entitle the
Contractor to Damages in a sum calculated in accordance with the provisions of
Clause 8.3 of this Agreement and Time Extension in accordance with the provisions
of Clause 10.5 of this Agreement. For the avoidance of doubt, the Parties agree that
the Damages for delay in approval of GAD by the railway authorities for a particular
road over-bridge/ under-bridge shall be deemed to be equal to the Damages payable
under the provisions of Clause 8.3 for delay in providing Right of Way for a length of
2 (two) kilometre for each such road over-bridge/ under-bridge.
6
Clause (b) may be omitted if the Project does not include a road over-bridge/under-bridge.
7
Clause 3.1 (iii) (c) may be suitably modified in the event that all the environmental clearances for
the Project Highway have been received or are not required. It should be clearly stated that all the
environmental clearances for the Project Highway have been received; or such environmental
clearances for the Project Highway are not required.
– Length of Bridge 6812.5 m (Part 1 of Package– II) in the State of Assam on EPC Mode.
(v) Notwithstanding anything to the contrary contained in this Agreement, the Parties
expressly agree that the aggregate Damages payable under Clauses 3.1 (iv), 8.3 and
9.5 shall not exceed 1% (one per cent) of the Contract Price. For the avoidance of
doubt, the Damages payable by the Authority under the aforesaid Clauses shall not
be additive if they arise concurrently from more than one cause but relate to the
same part of the Project Highway.
Both the parties agree that payment of such Damages shall be full and final settlement of all
claims of the Contractor and such compensation shall be the sole remedy against delays of the
Authority and both parties further agree that the payment of Damages shall be the final cure
for the Contractor against delays of the Authority, without recourse to any other payments.
(vi) The Authority agrees to provide support to the Contractor and undertakes to observe,
comply with and perform, subject to and in accordance with the provisions of this
Agreement and the Applicable Laws, the following:
(a) upon written request from the Contractor, and subject to the Contractor
complying with Applicable Laws, provide reasonable support to the
Contractor in procuring Applicable Permits required from any Government
Instrumentality for implementation of the Project;
(b) upon written request from the Contractor, provide reasonable assistance to
the Contractor in obtaining access to all necessary infrastructure facilities and
utilities, including water and electricity at rates and on terms no less
favourable than those generally available to commercial customers receiving
substantially equivalent services;
(c) procure that no barriers that would have a material adverse effect on the
works are erected or placed on or about the Project Highway by any
Government Instrumentality or persons claiming through or under it, except
for reasons of Emergency, national security, law and order or collection of
inter-state taxes;
(d) not do or omit to do any act, deed or thing which may in any manner violate
any provisions of this Agreement;
(e) support, cooperate with and facilitate the Contractor in the implementation of
the Project in accordance with the provisions of this Agreement; and
(f) upon written request from the Contractor and subject to the provisions of
Clause 4.3, provide reasonable assistance to the Contractor and any expatriate
personnel of the Contractor or its Sub-contractors to obtain the applicable
visas and the requisite work permits for the purposes of discharge by the
Contractor or its Sub-contractors of their obligations under this Agreement
and the agreements with the Sub-contractors.
3.2 Maintenance obligations prior to the Appointed Date
The Authority shall, prior to the Appointed Date, maintain the Project Highway, at its own cost
and expense, so that its traffic worthiness and safety are at no time materially inferior as
compared to its condition 10 (ten) days prior to the last date for submission of the Bid, and in
Majuli on North Bank and Jorhat on South Bank From Km 11+690 to 19+715 of NH ( ) 5
– Length of Bridge 6812.5 m (Package– II) in the State of Assam on EPC Mode.
the event of any material deterioration or damage other than normal wear and tear, undertake
repair thereof. For the avoidance of doubt, the Authority shall undertake only routine
maintenance prior to the Appointed Date, and it shall undertake special repairs only in the
event of excessive deterioration or damage caused due to unforeseen events such as floods or
earthquake.
3.3 Environmental Clearances
The Authority represents and warrants that the environmental clearances required for
construction of the Project shall be procured by the Authority prior to the date of issue of LOA.
For the avoidance of doubt, the present status of environmental clearances is specified in
Schedule-A.8
3.4 Deemed Termination Upon delay
Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3,
the Parties expressly agree that in the event the Appointed Date does not occur, for any reason
whatsoever, within 90 days of signing of the Agreement and submission of the full
Performance Security by the Contractor, the Agreement shall be deemed to have been
terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract
Price (3% in case of standalone bridge projects). All other rights, privileges, claims and
entitlements of the Contractor under or arising out of this Agreement shall be deemed to have
been waived by, and to have ceased. The Contractor shall hand over all information in relation
to the Highway, including but not limited to any data, designs, drawings, structures,
information, plans, etc. prepared by them for the Highway, to the Authority.
8
Clause 3.3 may be suitably modified in the event that all the environmental clearances for the
Project Highway have been received or are not required. It should be clearly stated that all the
environmental clearances for the Project Highway have been received; or such environmental
clearances for the Project Highway are not required.
Article 4
Obligations of the Contractor
4.1 Obligations of the Contractor
(i) Subject to and on the terms and conditions of this Agreement, the Contractor shall
undertake the survey, investigation, design, engineering, procurement, construction,
and maintenance of the Project Highway and observe, fulfil, comply with and perform
all its obligations set out in this Agreement or arising hereunder.
(ii) The Contractor shall comply with all Applicable Laws and Applicable Permits
(including renewals as required) in the performance of its obligations under this
Agreement.
(iii) Subject to the provisions of Clauses 4.1 (i) and 4.1 (ii), the Contractor shall discharge
its obligations in accordance with Good Industry Practice and as a reasonable and
prudent person.
(iv) The Contractor shall remedy any and all loss, defects, or damage to the Project
Highway from the Appointed Date until the end of the Construction Period at the
Contractor’s cost, save and except to the extent that any such loss, defect, or damage
shall have arisen from any wilful default or neglect of the Authority.
(v) The Contractor shall remedy any and all loss, defect or damage to the Project Highway
during the Defects Liability Period at the Contractor’s cost to the extent that such
loss, defect or damage shall have arisen out of the reasons specified in Clause 17.3.
(vi) The Contractor shall remedy any and all loss or damage to the Project Highway
during the Maintenance Period at the Contractor’s cost, including those stated in
Clause 14.1 (ii), save and except to the extent that any such loss or damage shall have
arisen on account of any wilful default or neglect of the Authority or on account of a
Force Majeure Event.
(vii) The Contractor shall, at its own cost and expense, in addition to and not in derogation
of its obligations elsewhere set out in this Agreement:
(a) make, or cause to be made, necessary applications to the relevant Government

Instrumentalities with such particulars and details as may be required for
obtaining Applicable Permits set forth in Schedule-F and obtain and keep in
force and effect such Applicable Permits in conformity with the Applicable
Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements
and permissions for Materials, methods, processes and systems used or
incorporated into the Project Highway;
(c) make reasonable efforts to maintain harmony and good industrial relations
among the personnel employed by it or its Sub-contractors in connection with
the performance of its obligations under this Agreement;
(d) ensure and procure that its Sub-contractors comply with all Applicable Permits
and Applicable Laws in the performance by them of any of the Contractor’s
obligations under this Agreement;
(e) not do or omit to do any act, deed or thing which may in any manner violate
any provisions of this Agreement;
(f) support, cooperate with and facilitate the Authority in the implementation
and operation of the Project in accordance with the provisions of this
Agreement;
(g) ensure that the Contractor and its Sub-contractors comply with the safety and
welfare measures for labour in accordance with the Applicable Laws and
Good Industry Practice;
(h) keep, on Site, a copy of this Agreement, publications named in this Agreement,
the Drawings, Documents relating to the Project, and Change of Scope orders
and other communications given under this Agreement. The Authority’s
Engineer and its authorised personnel shall have the right of access to all
these documents at all reasonable times;
(i) cooperate with other contractors employed by the Authority and personnel of
any public authority; and
(j) not interfere unnecessarily or improperly with the convenience of the public,
or the access to and use and occupation of all roads and footpaths,
irrespective of whether they are public or in the possession of the Authority
or of others.
(viii) The Contractor shall undertake all necessary superintendence to plan, arrange, direct,
manage, inspect and test the Works. The Contractor shall provide all necessary
superintendence of the Works for the proper fulfilling of the Contractor's obligations
under the Agreement. Such superintendence shall be given by competent person
having adequate knowledge of the operations to be carried out (including the
methods and techniques required, the hazards likely to be encountered and methods
of preventing accidents) for the satisfactory and safe execution of the Works.
(ix) The Contractor shall obtain and maintain a project related bank account operational
at site where all transactions related to the payment of work will be done. The
Contractor shall submit a monthly account statement and a detailed report on
utilization of funds transferred to this project related bank account to Authority’s
Engineer. Notwithstanding anything contrary to this agreement, the authority, in the
interest and to ensure timely completion of the work, reserves the right to audit such
bank accounts to ensure that there is no diversion of funds from this project specific
account to any other project being implemented by the Contractor.
(x) The Contractor shall provide the documents of the Contractor specified in the
Agreement, and all Contractors' personnel; Goods, consumables and other things and
services, whether of a temporary or permanent nature, required in and for the
execution, completion of Works and remedying defects.
(xi) The Contractor shall perform the Works in conformity with the Project requirements
and other requirements and standards prescribed under or pursuant to the
Agreement.
(xii) The Contractor shall carry out such work incidental and contingent to the original
Scope of the Project to comply with Good Industry Practices.
(xiii) The Contractor shall maintain required staff and necessary Contractor’s equipment
and materials within the reach of the Site during the Defects Liability Period so that
any defects arising are promptly attended.
4.2 Obligations relating to sub-contracts and any other agreements
(i) The Contractor, whether Joint Venture or sole, shall not sub-contract any Works in
more than 49% (forty nine per cent) of the Contract Price and shall carry out
Works directly under its own supervision and through its own personnel and
equipment in at least 51% (fifty one per cent) of the Contract Price. Further, in case
the Contractor is a Joint Venture, then the Lead Member shall carry out Works
directly through its own resources (men, material and machines etc.) in at least
51% (fifty one per cent) of total length of the Project Highway. Provided, however,
that in respect of the Works carried out directly by the Contractor, it may enter into
contracts for the supply and installation of Materials, Plant, equipment, road
furniture, safety devices and labour, as the case may be, for such Works. For the
avoidance of doubt, the Parties agree that the Contractor may sub-divide the
aforesaid length of 51% (fifty one per cent) in no more than 5 (five) sections of the
Project Highway. The Parties further agree that all obligations and liabilities under
this Agreement for the entire project Highway shall at all times remain with the
Contractor.
(ii) In the event any sub-contract for Works, or the aggregate of such sub-contracts with
any Sub-contractor, exceeds 5% (five percent) of the Contract Price, the Contractor
shall communicate the name and particulars, including the relevant experience of the
Sub-contractor, to the Authority prior to entering into any such sub-contract. The
Authority shall examine the particulars of the Sub- contractor from the national
security and public interest perspective and may require the Contractor, no later
than 15 (fifteen) business days from the date of receiving the communication from
the Contractor, not to proceed with the sub-contract, and the Contractor shall
comply therewith.
(iii) In the event any sub-contract referred to in Clause 4.2 (ii) relates to a Sub- contractor
who has, over the preceding 3 (three) years, not undertaken at least one work of a
similar nature with a contract value exceeding 40% (forty per cent) of the value of
the sub-contract to be awarded hereunder, and received payments in respect thereof

for an amount equal to at least such 40% (forty per cent), the Authority may, no later
than 15 (fifteen) business days from the date of receiving the communication from
the Contractor, require the Contractor not to proceed with such sub-contract, and
the Contractor shall comply therewith without delay or demur.
(iv) It is expressly agreed that the Contractor shall, at all times, be responsible and liable
for all its obligations under this Agreement notwithstanding anything contained in
the agreements with its Sub-contractors or any other agreement that may be entered
into by the Contractor, and no default under any such agreement shall excuse the
Contractor from its obligations or liability under this Agreement. However, in case of
non-compliance of the Contractor towards his obligations for payments to the
approved Sub-contractor(s), which is likely to affect the progress of works, the
authority reserves the right to intervene and direct the Contractor to release such
outstanding payments to approved Sub-contractor(s) out of the payments due for
the completed Works in the interest of work.
4.3 Employment of foreign nationals
The Contractor acknowledges, agrees and undertakes that employment of foreign

personnel by the Contractor and/or its Sub-contractors and their subcontractors
shall be subject to grant of requisite regulatory permits and approvals including
employment/ residential visas and work permits, if any required, and the obligation
to apply for and obtain the same shall always rest with the Contractor.
Notwithstanding anything to the contrary contained in this Agreement, refusal of or
inability to obtain any such permits and approvals by the Contractor or any of its Sub-
contractors or their sub-contractors shall not constitute a Force Majeure Event, and
shall not in any manner excuse the Contractor from the performance and discharge it
of its obligations and liabilities under this Agreement, and the Contractor’s liabilities
hereunder shall remain unaffected by such failure, refusal or inability.
4.4 Contractor’s personnel
(i) The Contractor shall ensure that the personnel engaged by it or by its Sub-
contractors in the performance of its obligations under this Agreement are at all
times appropriately and adequately qualified, skilled and experienced in their
respective functions in conformity with Good Industry Practice. The Contractor will
try to hire at least 10% (ten percent) trained workmen as per the National Skills
Qualifications Framework. If necessary, the requisite workmen may be got trained by
the Contractor at his cost through authorized training centres of the Directorate General
of Training (DGT). The Contractor will organize training at project site/ sites for the
trainees as and when required as per the training schedule finalized in consultation
with the training centres. The trainees shall be paid stipend by the Contractor
(subject to a maximum of Rs. 15,000/- per person) on the basis of minimum wages
to compensate for loss of income during the training period.
(ii) The Authority’s Engineer may, for reasons to be specified in writing, direct the
Contractor to remove any member of the Contractor’s or Sub-contractor’s personnel.
Provided that any such direction issued by the Authority’s Engineer shall specify the
reasons for the removal of such person.
(iii) The Contractor shall on receiving such a direction from the Authority’s Engineer
order for the removal of such person or persons with immediate effect. It shall be the
duty of the Contractor to ensure that such persons are evicted from the Site within
10 (ten) days of any such direction being issued in pursuance of Clause 4.4 (ii). The
Contractor shall further ensure that such persons have no further connection with
the Works or Maintenance under this Agreement. The Contractor shall then appoint
(or cause to be appointed) a replacement.
4.5 Advertisement on Project Highway
The Project Highway or any part thereof shall not be used in any manner to advertise any
commercial product or services.
4.6 Contractor's care of the Works
The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and
of the Materials, goods and equipment for incorporation therein, from the Appointed Date until
the date of Completion Certificate, save and except to the extent that any such loss or damage
shall have arisen from any wilful default or gross neglect of the Authority.
4.7 Electricity, water and other services
The Contractor shall be responsible for procuring of all utilities as may be required, including
without limitation, adequate power, water and other services.
4.8 Unforeseeable difficulties
Except as otherwise stated in the Agreement:
(a) the Contractor accepts complete responsibility for having foreseen all
difficulties and costs of successfully completing the Works;
(b) the Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs; and
(c) the Scheduled Completion Date shall not be adjusted to take account of any
unforeseen difficulties or costs.
4.9 Co-ordination of the Works
(i) The Contractor acknowledges that in addition to the Agreement, it is also aware of
terms of the other Project contracts and other agreements the Authority has
negotiated and entered into for performance of its obligations under the Agreement
( copies of other contracts and other agreements are made available to the
Contractor from time to time) and that the Contractor is fully aware of the
consequences to the Authority which would or are likely to result from a breach by
the Contractor of its obligations under the Agreement. In the event the actions of the
Contractor result in the breach by the Authority of any or all of the other Project
contracts and such breach imposes any liability on the Authority, the Contractor
shall: (a) undertake all steps as may be possible to mitigate or neutralize the liability
that has arisen, and (b) indemnify the Authority against any such liability and
compensate the Authority to that extent.
(ii) The Contractor shall be responsible for the co-ordination and proper provision of the
Works, including co-ordination of other Contractors or Sub-contractors for the
Project. The Contractor shall co-operate with the Authority in the co- ordination of
the Works with the works under the other Project contracts. The Contractor shall
provide all reasonable support for carrying out their work to:
(a) any other contractors employed by the Authority;

(b) the workmen of the Authority;
(c) the workmen of any Governmental Instrumentality who may be employed in
the execution of work on or near the Site; and
(d) such other persons as is required in the opinion of the Authority for successful
completion of the Project.
4.10 Environmental Measures
(i) The Contractor agrees to conduct its activities in connection with the Agreement in
such a manner so as to comply with the environmental requirements which includes,
inter alia, all the conditions required to be satisfied under the environmental
clearances and applicable law, and assumes full responsibility for measures which
are required to be taken to ensure such compliance.
4.11 Site Data
(i) The Contractor shall be deemed to have inspected and examined the Site and its
surroundings and to have satisfied himself before entering into the Agreement in all
material respects including but not limited to:
(a) the form and nature of the Site (including, inter-alia, the surface and sub-
surface conditions and geo-technical factors);
(b) the hydrological and climatic conditions;
(c) the extent and nature of the works already completed and Materials necessary
for the execution and completion of the Works and the remedying of any
defects that includes already executed part also.
(d) the suitability and the adequacy of the Site for the execution of the Works;
(e) the means of access to the Site and the accommodation the Contractor may
require;
(f) arranging permits as required as per [.] of the Agreement.

(g) the requirements of operation and maintenance; and
(h) all other factors and circumstances affecting the Contractor's rights and
obligations under the Agreement, the Contract Price and Time for Completion.
4.12 Sufficiency of Contract Price
The Contractor shall have satisfied itself as to the correctness and sufficiency of the Contract
Price. The Contract Price shall cover all its obligations under the Agreement, in addition to all
risks the Contractor has agreed to undertake under the Agreement, including those associated
with the performance of its obligations under the Agreement and all things necessary for the
provision of the Works in a manner satisfactory to the Authority and in accordance with this
Agreement.
4.13 Clearance of the Site
During the provision of the Works, and as a pre-condition to the issue of the Taking-Over
Certificate, the Contractor shall clear away and remove from the Site, all Contractor's
equipment, surplus material, wreckage, rubbish and temporary Works, and shall keep the Site
free from all unnecessary obstructions, and shall not store or dispose of any Contractor's
equipment or surplus materials on the Site. The Contractor shall promptly clear away and
remove from the Site any wreckage, rubbish or temporary Works no longer required and leave
the Site and the Works in a clean and safe condition to the sole satisfaction of the Authority.
Article 5
Representations and Warranties
5.1 Representations and warranties of the Contractor
(i) The Contractor represents and warrants to the Authority that:
(a) it is duly organised and validly existing under the laws of India, and has full
power and authority to execute and perform its obligations under this
Agreement and to carry out the transactions contemplated hereby;
(b) it has taken all necessary corporate and/or other actions under Applicable
Laws to authorise the execution and delivery of this Agreement and to validly
exercise its rights and perform its obligations under this Agreement;
(c) this Agreement constitutes its legal, valid and binding obligation, enforceable
against it in accordance with the terms hereof, and its obligations under this
Agreement will be legally valid, binding and enforceable against it in
accordance with the terms hereof;
(d) it is subject to the laws of India, and hereby expressly and irrevocably waives
any immunity in any jurisdiction in respect of this Agreement or matters
arising thereunder including any obligation, liability or responsibility
hereunder;
(e) the information furnished in the Bid, Request for Qualification and Request for
Proposals or otherwise and as updated on or before the date of this
Agreement is true and accurate in all respects as on the date of this Agreement;
(f) the execution, delivery and performance of this Agreement will not conflict
with, or result in the breach of, or constitute a default under, or accelerate
performance required by any of the terms of its memorandum and articles of
association or any Applicable Laws or any covenant, contract, agreement,
arrangement, understanding, decree or order to which it is a party or by
which it or any of its properties or assets is bound or affected;
(g) there are no actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before
any other judicial, quasi-judicial or other authority, the outcome of which may
result in the breach of this Agreement or which individually or in the aggregate
may result in any material impairment of its ability to perform any of its
(h) it has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any
Government Instrumentality which may result in any material adverse effect
on its ability to perform its obligations under this Agreement and no fact or
circumstance exists which may give rise to such proceedings that would
adversely affect the performance of its obligations under this Agreement;
(i) it has complied with Applicable Laws in all material respects and has not been
subject to any fines, penalties, injunctive relief or any other civil or criminal
liabilities which in the aggregate have or may have a material adverse effect
on its ability to perform its obligations under this Agreement;
(j) no representation or warranty by it contained herein or in any other
document furnished by it to the Authority or to any Government
Instrumentality in relation to Applicable Permits contains or will contain any
untrue or misleading statement of material fact or omits or will omit to state a
material fact necessary to make such representation or warranty not
misleading;
(k) no sums, in cash or kind, have been paid or will be paid, by it or on its behalf,
to any person by way of fees, commission or otherwise for securing the
contract or entering into this Agreement or for influencing or attempting to
influence any officer or employee of the Authority in connection therewith;
(l) nothing contained in this Agreement shall create any contractual relationship
or obligation between the Authority and any Sub- contractors, designers,
consultants or agents of the Contractor;
(m) it is adequately financed has the requisite knowledge, expertise, technical
know-how, experience, resources, infrastructure, licenses, patents, copy
rights, for designing, supplying/ procuring the goods and materials, and for
providing the installation and construction services required for completing
the construction of the Project Facilities; and
(ii) it represents the Authority that:
(a) it owns or has the right to use all “Intellectual Property” necessary to
perform the contractual obligations and to carry on the Works without
conflict with the right of others;
(b) All intellectual property rights necessary to perform the contractual
obligations and to carry on the Works are in full force and effect and are
vested in, and beneficially owned by the Contractor, and are free from
encumbrances.
(c) None of the intellectual property rights is being used, claimed, or posed or
attacked by any other person, nor does the use of such intellectual property
rights or any part of them infringe the intellectual property rights owned or
enjoyed by any third party.
(d) None of the intellectual property rights owned or used by the Contractor is
the subject of any claim, opposition, attack, assertion or other arrangement of
whatsoever nature which does or may impinge upon their use, validity,
enforceability or ownership by the Parties, and there are no grounds or other
circumstances which may give rise to the same.
(e) No licenses or registered user or other rights have been granted or agreed to
be granted to any third party in respect of such intellectual property rights.
(f) No act has been done or has been omitted to be done to entitle any authority
or person to cancel, forfeit or modify any intellectual property rights.
(g) The Contractor shall notify the Authority of any adverse use of the intellectual
property rights or confusingly or deceptively similar to the intellectual
property rights.
(h) The Contractor shall recognize the Authority’s ownership and title to the
intellectual property rights and shall not at any time, either directly or
indirectly, put to issue the validity or ownership of the intellectual property
rights and it will not do any act or thing, either directly or indirectly, which in
anyway impairs the validity and ownership of the intellectual property rights.
(i) The Contractor shall, promptly execute, acknowledge and deliver all documents
which are requested by Authority to record with appropriate governmental
agencies and authorities the fact that the Authority has the right to the use of
the said intellectual property rights.
(j) The Contractor shall not, for any reason, object to, or interfere in any way with
the ownership, registration or use of the intellectual property rights by the
Authority (or its licensee or assigns) for any purpose whatsoever.
(iii) The Contractor is fully aware that the Agreement is inter linked with the other Project
contracts and the non-performance or deficient performance or default by the
Contractor and/or any of the Contractor’s personnel or Subcontractors under one
among the said contracts will have bearing on the other contracts and the evaluation
of the Contractor’s performance under the Agreement and the Project itself.
(iv) If at any time during the Defects Liability Period any item of the Works or Project
Facilities or any part thereof, do not conform to the Authority requirements and
Specifications and Standards, on being so notified by the Authority, the Contractor
shall promptly rectify/remedy such nonconformity to the satisfaction of the
Authority solely at the Contractor's expense; failing which the Authority may reject
or revoke Taking-Over Certificate, and the Authority may proceed to correct the
Contractor's nonconforming Work by the most expeditious means available, the
costs of which shall be to the Contractor's account; or the Authority may retain the
non-conforming Work and an equitable adjustment reducing the total Contract Price
to reflect the diminished value of such non-conforming Work will be made by
written amendment.
(v) In addition to the other warranties, the Contractor represents and warrants as
follows:
(a) The Contractor has (or, if the technology does not currently exist, will have
granted at the time of passing to The Employer) in and to the technology used
in the equipment, materials, goods, Works, Contractor's documents, Drawings
and Manuals (“Technology") -
i. all right, title and interest free of any lien, claim or restriction; and
ii. right to grant to the Authority the right to use the Technology for the purpose of
this contract, free of any lien, claim or restriction and on the terms of license as
required.
(b) The Contractor has granted (or, if the technology does not currently exist, will
grant at the time of passing to the Authority the property and title in and to
the equipment, materials, goods, Works, spares, Contractor's documents,
Drawings and Manuals in which it is used) to the Authority the right to use the
Technology, free of any lien, claim or restriction.
(vi) In addition to the other Warranties, the Contractor represents and warrants as
follows:
(a) No Technology contains any worm (i.e., a program that travels from one
computer to another computer but does not attach itself to the operating
system of the computer it enters), virus (i.e., a program that travels from one
computer to another computer that attaches itself to the operating system it
enters) or self-destruct capability.
(b) The Technology will not abnormally end or provide invalid or incorrect
results as a result of date-dependent data.
(c) The Technology can accurately recognize, manage, accommodate, and
manipulate date-dependent data, including single and multi-century formulas
and leap years.
(vii) No criminal proceedings instituted against any of the employees or Directors of the
Contractor.
(viii) Till date the services of the Contractor has not been terminated by any person for any
breach or non-performance or negligence by the Contractor.
5.2 Representations and warranties of the Authority
The Authority represents and warrants to the Contractor that:
(a) it has full power and authority to execute, deliver and perform its obligations
under this Agreement and to carry out the transactions contemplated herein
and that it has taken all actions necessary to execute this Agreement, exercise
its rights and perform its obligations, under this Agreement;
(b) it has taken all necessary actions under the Applicable Laws to authorise the
execution, delivery and performance of this Agreement;
(c) it has the financial standing and capacity to perform its obligations under this
Agreement;
(d) this Agreement constitutes a legal, valid and binding obligation enforceable
against it in accordance with the terms hereof;
(e) it has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any
Government Instrumentality which may result in any material adverse effect

on the Authority’s ability to perform its obligations under this Agreement;
(f) it has complied with Applicable Laws in all material respects;
(g) it has good and valid right to the Site and has the power and authority to grant
the Right of Way in respect thereof to the Contractor; and
(h) it has procured Right of Way and environment clearances such that the
Contractor can commence construction forthwith on 90% (ninety per cent) of
the total length of the Project Highway.
5.3 Disclosure
In the event that any occurrence or circumstance comes to the attention of either
Party that renders any of its aforesaid representations or warranties untrue or
incorrect, such Party shall immediately notify the other Party of the same. Such
notification shall not have the effect of remedying any breach of the representation or
warranty that has been found to be untrue or incorrect nor shall it adversely affect or
waive any obligation of either Party under this Agreement.
Article 6
Disclaimer
6.1 Disclaimer
(i) The Contractor acknowledges that prior to the execution of this Agreement, the
Contractor has, after a complete and careful examination, made an independent
evaluation of the Request for Proposal, Scope of the Project, Specifications and
Standards of design, construction and maintenance, Site, local conditions, physical
qualities of ground, subsoil and geology, traffic volumes, suitability and availability of
access routes to the Site and all information provided by the Authority or obtained,
procured or gathered otherwise, and has determined to its satisfaction the accuracy
or otherwise thereof and the nature and extent of difficulties, risks and hazards as
are likely to arise or may be faced by it in the course of performance of its obligations
hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no
representation whatsoever, express, implicit or otherwise, regarding the accuracy,
adequacy, correctness, reliability and/or completeness of any assessment,
assumptions, statement or information provided by it and the Contractor confirms
that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the
correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or
error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby
acknowledges and agrees that the Authority shall not be liable for the same in any
manner whatsoever to the Contractor, or any person claiming through or under any
of them, and shall not lead to any adjustment of Contract Price or Scheduled
Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set
forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any
of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify
the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall
be borne by the Contractor; and the Authority shall not be liable in any manner for
such risks or the consequences thereof.
Part III
Construction and Maintenance

Article 7
Performance Security
7.1 Performance Security
(i) (A) Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder
shall furnish to the Authority an irrevocable and unconditional guarantee from a Bank
in the form set forth in Annex-I of Schedule-G (the “Performance Security”) for an
amount equal to 5% (five percent) of its Bid Price. In case of bids mentioned below,
the Selected Bidder, along with the Performance Security, shall also furnish to the
Authority an irrevocable and unconditional guarantee from a Bank in the same form
given at Annex-I of Schedule-G towards an Additional Performance Security (the
“Additional Performance Security”) for an amount calculated as under:
(a) If the Bid Price offered by the Selected Bidder is lower than 10% but upto
20% of the estimated Project Cost, then the Additional Performance Security
shall be as per directives Ministry of Finance Department of Expenditure OM,s
No F.9/4/2020.PPD dated 12.11.2020 and MoRTH OM
No.F.No.G.20016/01/2020-TF-II dated 17.11.20.
(b) If the Bid Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be as
per directives Ministry of Finance Department of Expenditure OM,s No
F.9/4/2020.PPD dated 12.11.2020 and MoRTH OM
No.F.No.G.20016/01/2020-TF-II dated 17.11.20.
(c) This Additional Performance Security shall be treated as part of the
Performance Security. - Deleted
(B) The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period.
(ii) The Selected Bidder has the option to provide 50% of the Performance Security and
50% of the Additional Performance Security, if any, within 30 (thirty) days of receipt
of Letter of Acceptance, in any case before signing of the Contract Agreement and the
remaining Performance Security and Additional Performance Security, if any, shall
be submitted within 30 days of signing of this agreement.
(iii) In the event the Selected Bidder fails to provide the remaining Performance Security
and Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period upto 60 days by paying the Damages upfront
along with the request letter seeking the extension. The Damages shall be the sum
calculated at the rate of 0.01% (zero point zero one per cent) of the Bid Price offered
by the Selected Bidder for each day until the Performance Security and Additional
Performance Security, if any, is provided in full as prescribed herein. The damages at
full rate as given above shall be applicable even if a part of the Performance Security
and the Additional Performance Security is provided.
(iv) For avoidance of any doubt, in case of failure of submission of Performance Security
and Additional Performance Security, if any, within the additional 60 days’ time
period, the award shall be deemed to be cancelled/ withdrawn and the Bid Security
shall be encashed and the proceeds thereof appropriated by the Authority.
Thereupon all rights, privileges, claims and entitlements of the Contractor under or
arising out of the Award shall be deemed to have been waived by, and to have ceased
with the concurrence of the Contractor, and the Award shall be deemed to have been
withdrawn by the Authority
7.2 Extension of Performance Security and Additional Performance Security
The Contractor may initially provide the Performance Security for a period of 2 (two) years;
provided that it shall procure the extension of the validity of the Performance Security, as
necessary, at least 2 (two) months prior to the date of expiry thereof. Upon the Contractor
providing an extended Performance Security, the previous Performance Security shall be
deemed to be released and the Authority shall return the same to the Contractor within a
period of 7 (seven) business days from the date of submission of the extended Performance
Security.
7.3 Appropriation of Performance Security
(i) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its
other rights and remedies hereunder or in law, be entitled to encash and appropriate
the relevant amounts from the Performance Security as Damages for such
Contractor’s Default.
(ii) Upon such encashment and appropriation from the Performance Security, the
Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial
appropriation, to its original level the Performance Security, and in case of
appropriation of the entire Performance Security provide a fresh Performance
Security, as the case may be, and the Contractor shall, within the time so granted,
replenish or furnish fresh Performance Security as aforesaid failing which the
Authority shall be entitled to terminate the Agreement in accordance with Article 23.
Upon replenishment or furnishing of a fresh Performance Security, as the case may
be, as aforesaid, the Contractor shall be entitled to an additional Cure Period of 30
(thirty) days for remedying the Contractor’s Default, and in the event of the
Contractor not curing its default within such Cure Period, the Authority shall be
entitled to encash and appropriate such Performance Security as Damages, and to
terminate this Agreement in accordance with Article 23.
7.4 Release of Performance Security
(i) The Authority shall return the Performance Security to the Contractor within 60
(sixty) days of the expiry of the Maintenance Period or the Defects Liability Period,
whichever is later, under this Agreement. Notwithstanding the aforesaid, the Parties
agree that the Authority shall not be obliged to release the Performance Security
until all Defects identified during the Defects Liability Period have been rectified.
(ii) The Authority shall return the Additional Performance Security to the Contractor
within 28 (twenty eight) days from the date of issue of Completion Certificate under
Article 12 of this Agreement.
(iii) The Authority shall be liable to pay interest @ 9% (nine per cent) per annum for any
delay in the return of Performance Security and Additional Performance Security, if
any, beyond the period prescribed above for the period of delay.
7.5 Retention Money
(i) From every payment for Works due to the Contractor in accordance with the
provisions of Clause 19.5, the Authority shall deduct 6% (six per cent) thereof as
guarantee money for performance of the obligations of the Contractor during the
Construction Period (the “Retention Money”) subject to the condition that the
maximum amount of Retention Money shall not exceed 5% (five per cent) of the
Contract Price. The deducted retention money may be replaced by Bank Guarantee
(BG) after 50% of retention money has been deducted from the bills, and
subsequently when 100% retention money has been deducted.
(ii) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its
other rights and remedies hereunder or in law, be entitled to appropriate the
relevant amounts from the Retention Money as Damages for such Contractor’s
Default.
(iii) Within 15 (fifteen) days of the date of issue of the Completion Certificate, the
Authority shall refund the balance of Retention Money remaining with the Authority
after adjusting the amounts appropriated under the provisions of Clause 7.5 (ii).
(iv) The Parties agree that in the event of Termination of this Agreement, the Retention
Money specified in this Clause 7.5 shall be treated as if they are Performance
Security and shall be reckoned as such for the purposes of Termination Payment
under Clause 23.6.
Article 8
Right of Way
8.1 The Site
The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-A in
respect of which the Right of Way shall be provided by the Authority to the Contractor. The
Authority shall be responsible for:
(a) acquiring and providing Right of Way on the Site in accordance with the
alignment finalised by the Authority, free from all encroachments and
encumbrances, and free access thereto for the execution of this Agreement;
and
(b) obtaining licences and permits for environment clearance for the Project
Highway.
8.2 Procurement of the Site
(i) The Authority Representative, the Contractor and Authority’s Engineer shall, within
10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed
memorandum containing an inventory of the Site including the vacant and
unencumbered land, buildings, structures, road works, trees and any other
immovable property on or attached to the Site (hereinafter referred to as the
“Handover Memorandum”). Subject to the provisions of Clause 8.2 (iii), the
Handover Memorandum shall have appended thereto an appendix (the “Appendix”)
specifying in reasonable detail those parts of the Site to which vacant access and
Right of Way has not been given to the Contractor along with details of hindrances in
the Construction Zone. For sake of clarity the Handover Memorandum shall clearly
specify the parts of Site where work can be executed. Signing of the Handover
Memorandum, in three counterparts (each of which shall constitute an original), by
the authorized representatives of the Authority, Contractor and Authority’s Engineer
shall be deemed to constitute a valid evidence of giving the Right of Way to the
Contractor for discharging its obligations under and in accordance with the
provisions of this Agreement and for no other purpose whatsoever.
(ii) Whenever the Authority is ready to hand over any part or parts of the Site included in
the Appendix, it shall inform the Contractor, by notice, of the proposed date and time
such of hand over. The Authority Representative and the Contractor shall, on the
date so notified, inspect the specified parts of the Site, and prepare a memorandum
containing an inventory of the vacant and unencumbered land, buildings, structures,
road works, trees and any other immovable property on or attached to the Site so
handed over. The signing of the memorandum, in three (3) counterparts (each of
which shall constitute an original), by the authorised representatives of the Parties
shall be deemed to constitute a valid evidence of giving the relevant Right of Way to
the Contractor.
If the contractor fails to join for site inspection or disputes the parts of the site
available for work, the Authority’s Engineer shall decide the parts of the site where
work can be executed and notify to both the parties within 3 days of the proposed date
of inspection. The parties agree that such notification of the Authority’s Engineer as
mentioned hereinabove shall be final and binding on the parties.
(iii) The Authority shall provide the Right of Way to the Contractor in respect of all land
included in the Appendix by the date specified in Schedule-A for those parts of the Site
referred to therein, and in the event of delay for any reason other than Force
Majeure or breach of this Agreement by the Contractor, it shall pay to the Contractor,
Damages in a sum calculated in accordance with Clause 8.3. The Contractor agrees
that it shall not be entitled to claim any other damages on account of any such delay
by the Authority.
(iv) Notwithstanding anything to the contrary contained in this Clause 8.2, the Authority
shall specify the parts of the Site, if any, for which Right of Way shall be provided to
the Contractor on the dates specified in Schedule-A. Such parts shall also be included
in the Appendix prepared in pursuance of Clause 8.2 (i).
(v) The Authority further acknowledges and agrees that prior to the Appointed Date, it
shall have procured issuance of the statutory notification under Applicable Laws for
vesting of all the land comprising the Project in the Authority and has taken
possession of area for Construction Zone for at least 90% (ninety per cent) of the
total length of the Project Highway. The Parties also acknowledge and agree that the
conditions specified in this Clause 8.2 (iii) shall not be modified or waived by either
Party.
(vi) For the avoidance of doubt, the Parties expressly agree that the Appendix shall in no
event contain sections of the Project Highway the cumulative length of which
exceeds 10% (ten percent) of the total length of the Project Highway.
(vii) Pursuant to signing of Handover Memorandum under clause 8.2 (i), Contractor shall
submit to the Authority’s Engineer, a monthly land possession report till expiry of
180 (one hundred and eighty) days from Appointed Date, in respect of those parts of
the site to which vacant access and right of way was not given to the contractor and
included in Appendix to the memorandum signed under clause 8.2 (i), duly specifying
the part of the site, if any, for which the right of way is yet to be handed over.
8.3 Damages for delay in handing over the Site
(i) In the event the Right of Way to any part of the Site is not provided by the Authority
on or before the date(s) specified in Clause 8.2 for any reason other than Force
Majeure or breach of this Agreement by the Contractor, the Authority shall pay
Damages to the Contractor a sum calculated in accordance with the following formula
for and in respect of those parts of the Site to which the Right of Way has not been
provided:
Where,
C = the Contract Price;
L = length of the Project Highway in metres; and
N = Completion period in days (Appointed Date to Scheduled Completion Date)
In the event that any Damages are due and payable to the Contractor under the
provisions of this Clause 8.3 (i) for delay in providing the Right of Way, the Contractor
shall, subject to the provisions of Clause 10.5, be entitled to Time Extension equal to
the period for which the Damages have become due and payable under this Clause 8.3
(i), save and except that:
(a) if any delays involve time overlaps, the overlaps shall not be additive; and
(b) such Time Extension shall be restricted only to the Works which are affected
by the delay in providing the Right of Way.
For the avoidance of doubt, the Parties expressly agree that the Damages specified
hereunder and the Time Extension specified in Clause 10.5 shall be restricted only to
failure of the Authority to provide the Right of Way for and in respect of the
“Construction Zone” which shall comprise the following components:
 Main in carriageway
 Median (for 4 lane carriageway or more)
 Paved and earthen shoulders

 Area for Structures including ROBs/RUBs.
 Safety measures including Roadside Drains and Furniture.
 A parallel working space for accommodating slopes/retaining structures etc.
(ii) Notwithstanding anything to the contrary contained in this Agreement, the

Contractor expressly agrees that Works on all parts of the Site for which Right of
Way of Construction Zone is granted on the Appointed Date, or with respect to the
parts of the Site provided in Schedule-A, no later than the date(s) specified therein,
as the case may be, shall be completed before the Scheduled Completion Date and
shall not qualify for any Time Extension under the provisions of Clause 8.3 (iii).
(iii) (a) Notwithstanding anything to the contrary contained in this Agreement, unless
covered under the deemed de-scoping in terms of sub-clause 8.3 (iii) (b), the
Authority may at any time withdraw any Works forming part of this Agreement,
subject to such Works not exceeding an aggregate value, such value to be determined
in accordance with Schedule-H, equal to 10 (ten) percent of the Contract Price.
(b) Provided that if any Works cannot be undertaken within the municipal limits
of a town or within any area falling in a reserved forest or wildlife sanctuary or the
stretches where vacant access and Right of Way could not be handed over, as the case
may be, because the requisite clearances or approvals or affected land parcels for
commencing construction of Works therein have not been given within 180 (one
hundred and eighty) days of the Appointed date, the affected Works shall be deemed
to be withdrawn under the provisions of this Clause 8.3.3. Such Works shall not be
computed for the purposes of the aforesaid ceiling of 10% (ten per cent) hereunder.
(c) Provided further that in case such stretches (as mentioned in Sub-Clause (b)
above) can be handed over to the Contractor before the expiry of the original
Scheduled Construction Period of the Project Highway, and the Contractor agrees to
take up the work, the same may be allowed to be executed by him with corresponding
Extension of Time, subject to the condition that the Contractor shall not be entitled to
raise any claims on account of prolongation costs in this behalf.
(iv) In the event of withdrawal of Works under Clause 8.3 (iii) (a), the Contract Price shall
be reduced by an amount equal to 90 (ninety) per cent of the value of the Works
withdrawn and the Contractor shall not be entitled to any other compensation or
Damages for the withdrawal of Works.
Provided that if any Works are withdrawn after commencement of the Construction
of such works, the Authority shall pay to the Contractor 110% (one hundred and ten
per cent) of the fair value of the work done, as assessed by the Authority’ Engineer.
The parties expressly agree that the value of the Works withdrawn shall be
determined from the details available in Schedule-H. In the event that it is impossible
to determine the value from Schedule-H, then the value shall be determined in
accordance with the provisions of Clause 13.2 (iii).
8.4 Site to be free from Encumbrances
Subject to the provisions of Clause 8.2, the Site shall be made available by the
Authority to the Contractor pursuant hereto free from all Encumbrances and
occupations and without the Contractor being required to make any payment to the
Authority because of any costs, compensation, expenses and charges for the
acquisition and use of such Site for the duration of the Project Completion Schedule.
For the avoidance of doubt, it is agreed that the existing rights of way, easements,
privileges, liberties and appurtenances to the Site shall not be deemed to be
Encumbrances. It is further agreed that, unless otherwise specified in this Agreement,
the Contractor accepts and undertakes to bear any and all risks arising out of the
inadequacy or physical condition of the Site.
8.5 Protection of Site from encroachments
On and after signing the memorandum and/or subsequent memorandum referred to

in Clause 8.2, and until the issue of the Completion Certificate, the Contractor shall
maintain a round-the-clock vigil over the Site and shall ensure and procure that no
encroachment takes place thereon. During the Construction Period, the Contractor
shall protect the Site from any and all occupations, encroachments or Encumbrances,
and shall not place or create nor permit any Sub-contractor or other person claiming
through or under the Agreement to place or create any Encumbrance or security
threat over all or any part of the Site or the Project Assets, or on any rights of the
Contractor therein or under this Agreement, save and except as otherwise expressly
set forth in this Agreement. In the event of any encroachment or occupation on any
part of the Site, the Contractor shall report such encroachment or occupation
forthwith to the Authority and undertake its removal at its own cost and expenses.
8.6 Special/ temporary Right of Way
The Contractor shall bear all costs and charges for any special or temporary right of
way required by it in connection with access to the Site. The Contractor shall obtain at
its cost such facilities on or outside the Site as may be required by it for the purposes
of the Project Highway and the performance of its obligations under this Agreement.
8.7 Access to the Authority and the Authority’s Engineer
(i) The Right of Way given to the Contractor hereunder shall always be subject to the
right of access of the Authority and the Authority’s Engineer and their employees
and agents for inspection, viewing and exercise of their rights and performance of
their obligations under this Agreement.
(ii) The Contractor shall ensure, subject to all relevant safety procedures, that the
Authority has un-restricted access to the Site during any emergency situation, as
decided by the Authority’s Engineer.
8.9 Geological and archaeological finds
It is expressly agreed that mining, geological or archaeological rights do not form part
of this Agreement with the Contractor for the Works, and the Contractor hereby
acknowledges that it shall not have any mining rights or interest in the underlying
minerals, fossils, antiquities, structures or other remnants or things either of particular
geological or archaeological interest and that such rights, interest and property on or
under the Site shall vest in and belong to the Authority or the concerned Government
Instrumentality. The Contractor shall take all reasonable precautions to prevent its
workmen or any other person from removing or damaging such interest or property
and shall inform the Authority forthwith of the discovery thereof and comply with
such instructions as the concerned Government Instrumentality may reasonably give
for the removal of such property. For the avoidance of doubt, it is agreed that any
reasonable expenses incurred by the Contractor hereunder shall be reimbursed by
the Authority. It is also agreed that the Authority shall procure that the instructions
hereunder are issued by the concerned Government Instrumentality within a
reasonable period.
Article 9
Utilities and Trees
9.1 Existing utilities and roads
Notwithstanding anything to the contrary contained herein, it shall be the

responsibility of the Contractor to ensure that the respective entities owning the
existing roads, right of way, level crossings, structures, or utilities on, under or above
the Site are enabled by it to keep them in continuous satisfactory use, if necessary, by
providing suitable temporary diversions with the authority of the controlling body of
that road, right of way or utility.
9.2 Shifting of obstructing utilities
The Contractor shall, in accordance with Applicable Laws and with assistance of the
Authority, undertake the work of shifting of any utility (including electric lines, water
pipes, gas pipelines and telephone cables) to an appropriate location or alignment, if
such utility or obstruction adversely affects the execution of Works or Maintenance of
the Project Highway in accordance with this Agreement. The cost of such shifting, as
per estimates prepared by the entity owning the utility and approved by the
Authority, shall be reimbursed by the Authority to the Contractor. The scope of work
of such shifting of Utilities shall be as indicated in Schedule-B-1. In the event of any
delay of such shifting on the part of the contractor, no extension of time for completion
of the project and no claims, in any manner, shall be admissible on this account against
the Authority.
The work of shifting of Utilities can be taken up by the Contractor any time after signing
of the Agreement.
9.3 New utilities
(i) The Contractor shall allow, subject to the permission from the Authority and such
conditions as the Authority may specify, access to, and use of the Site for laying
telephone lines, water pipes, electricity lines/ cables or other public utilities. Where
such access or use causes any financial loss to the Contractor, it may require the user
of the Site to pay compensation or damages as per Applicable Laws. For the avoidance
of doubt, it is agreed that use of the Site under this Clause 9.3 shall not in any manner
relieve the Contractor of its obligation to construct and maintain the Project
Highway in accordance with this Agreement and any damage caused by such use
shall be restored forthwith at the cost of the Authority.
(ii) The Authority may, by notice, require the Contractor to connect any adjoining road to
the Project Highway, and the connecting portion thereof falling within the Site shall
be constructed by the Contractor at the Authority’s cost in accordance with Article
10.
(iii) The Authority may by notice require the Contractor to connect, through a paved
road, any adjoining service station, hotel, motel or any other public facility or
amenity to the Project Highway, whereupon the connecting portion thereof that falls
within the Site shall be constructed by the Contractor on payment of the cost. The
cost to be paid by the Authority to the Contractor shall be determined by the
Authority’s Engineer. For the avoidance of doubt, in the event such road is to be
constructed for the benefit of any entity, the Authority may require such entity to
make an advance deposit with the Contractor or the Authority, as the case may be, of
an amount equal to the estimated cost as determined by the Authority’s Engineer
and such advance shall be adjusted against the cost of construction as determined by
the Authority’s Engineer hereunder.
(iv) In the event construction of any Works is affected by a new utility or works undertaken
in accordance with this Clause 9.3, the Contractor shall be entitled to a reasonable
Time Extension as determined by the Authority’s Engineer.
9.4 Felling of trees
The Authority shall assist the Contractor in obtaining the Applicable Permits for
felling of trees in non-forest area to be identified by the Authority for this purpose if,
and only if, such trees cause a Material Adverse Effect on the construction or
maintenance of the Project Highway. The Contractor shall fell these trees as per the
Permits obtained. The cost of such felling shall be borne by the Authority and in the
event of any delay in felling thereof for reasons beyond the control of the Contractor;
it shall be excused for failure to perform any of its obligations hereunder if such failure
is a direct consequence of delay in the felling of trees. The Parties hereto agree that
the felled trees shall be deemed to be owned by the Authority and shall be disposed in
such manner and subject to such conditions as the Authority may in its sole discretion
deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of
trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by
the Authority within the time specified in the Agreement.
9.5 Dismantling of structures
The Contractor shall at its own cost dismantle the structures in the acquired lands
including those on patta lands, abadi lands, assigned lands, etc. the compensation for
which, was paid by the Authority to the land owners and the lands were handed over
to the Contractor as per Schedule B-I. The Contractor shall, at its own cost, dispose of
the dismantled material in its sole discretion as deemed appropriate, while complying
with all environmental guidelines and regulations and clear the Site for undertaking
construction. In the event of any delay in dismantling of structures thereof for reasons
beyond the control of the Contractor, the Contractor shall be entitled to Damages in a
sum calculated in accordance with the formula specified in Clause 8.3 (i) for the
period of delay, and to the Time Extension in accordance with Clause 10.5 for and in
respect of the part(s) of the Works affected by such delay; provided that if the delays
involve any time overlaps, the overlaps shall not be additive.
9.6 Development Period
The Contractor may commence pre-construction activities like utility shifting,

boundary wall construction or any other activity assigned to the Contractor by the
Authority to enable construction of the Project Highway immediately after signing of
the Agreement, to the extent that such work is ready for execution. The Parties agree
that these works may be taken up and completed to the extent feasible by the
Contractor, before declaration of the Appointed Date, but no claim against the
Authority for delay shall survive during this period and that the undertaking of these
works by the Contractor shall not count towards the Scheduled Construction Period
of the project which starts counting only from the Appointed Date. No construction
activity of the Project Highway shall be undertaken during the development period.
Article 10
Design and Construction of the Project Highway
10.1 Obligations prior to commencement of Works
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in
respect of all matters under or arising out of or relating to this Agreement;
(b) appoint a design director (the “Design Director”) who will head the
Contractor’s design unit and shall be responsible for surveys, investigations,
collection of data, and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or
required before commencement of Works under and in accordance with this
Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project
Highway under and in accordance with the Applicable Laws and Applicable
Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the
Appointed Date to discharge the functions and duties specified in this Agreement,
and shall notify to the Contractor the name, address and the date of appointment of
the Authority’s Engineer forthwith.
(iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the
Authority and the Authority’s Engineer a programme (the “Programme”) for the
Works, developed using networking techniques, for review and consent of the
Engineer, giving the following details:
(a) Part I : Contractor’s organisation for the Project, the general methods
and arrangements for design and construction, environmental management
plan, Quality Assurance Plan including design quality plan, traffic
management and safety plan covering safety of users and workers during
construction (including use of ‘ROBOTS’ for diversion and control of traffic),
Contractor’s key personnel and equipment.
(b) Part II : Programme for completion of all stages of construction given
in Schedule-H and Project Milestones of the Works as specified in Project
Completion Schedule set forth in Schedule-J. The Programme shall include:
i. the order in which the Contractor intends to carry out the Works,
including the anticipated timing of design and stages of Works;
ii. the periods for reviews under Clause 10.2;
iii. the sequence and timing of inspections and tests specified in this
Agreement; and
iv. the particulars for the pre-construction reviews and for any other
submissions, approvals and consents specified in the Agreement.
The Contractor shall submit a revised Programme whenever the previous Programme is
inconsistent with the actual progress or with the Contractor’s obligations.
(c) Part III : Monthly cash flow forecast.
(iv) The Contractor shall compute, on the basis of the Drawings prepared in accordance
with Clause 10.2 (iv), and provide to the Authority’s Engineer, the length, area and
numbers, as the case may be, in respect of the various items of work specified in
Schedule-H and comprising the Scope of the Project. The Parties expressly agree that
these details shall form the basis for estimating the interim payments for the Works
in accordance with the provisions of Clause 19.3. For the avoidance of doubt, the sum
of payments to be computed in respect of all the items of work shall not exceed the
Contract Price, as may be adjusted in accordance with the provisions of this
Agreement.
(v) The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carry
out a safety audit at the design stage of the Project Highway in accordance with the
Applicable Laws and Good Industry Practice. The Safety Consultant shall be
appointed after proposing to the Authority a panel of three (3) names of qualified
and experienced firms from which the Authority may choose one (1) to be the Safety
Consultant. Provided, however, that if the panel is not acceptable to the Authority
and the reasons for the same are furnished to the Contractor, the Contractor shall
propose to the Authority a revised panel of three (3) names from the firms
empanelled as safety consultants by the [Ministry of Road Transport and Highways]
for obtaining the consent of the Authority. The Contractor shall also obtain the
consent of the Authority for the key personnel of the Safety Consultant who shall
have adequate experience and qualifications in safety audit of the highway projects.
The Authority shall, within 15 (fifteen) days of receiving a proposal from the
Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no
such decision is conveyed within the said period, the Contractor may proceed with
engaging of the Safety Consultant.
(vi) The safety audit pursuant to Clause 10.1 (v) shall be carried out by the Safety
Consultant in respect of all such design details that have a bearing on safety of Users
as well as pedestrians and animals involved in or associated with accidents. The
recommendations of the Safety Consultant shall be incorporated in the design of the
Project Highway and the Contractor shall forward to the Authority’s Engineer a
certificate to this effect together with the recommendations of the Safety Consultant.
In the event that any works required by the Safety Consultant shall fall beyond the
scope of Schedule-B, Schedule-C or Schedule-D, the Contractor shall make a report
thereon and seek the instructions of the Authority for Change in Scope. For the
avoidance of doubt, the Safety Consultant to be engaged by the Contractor shall be
independent of the design and implementation team of the Contractor.
10.2 Design and Drawings
(i) Design and Drawings shall be developed in conformity with the Specifications and
Standards set forth in Schedule-D. In the event, the Contractor requires any
relaxation in design standards due to restricted Right of Way in any section, the
alternative design criteria for such section shall be provided for review and approval
of the Authority’s Engineer.
(ii) The Contractor shall appoint a proof check consultant (the “Proof Consultant”) after
proposing to the Authority a panel of three (3) names of qualified and experienced
firms from whom the Authority may choose one (1) to be the Proof Consultant.
Provided, however, that if the panel is not acceptable to the Authority and the
reasons for the same are furnished to the Contractor, the Contractor shall propose to
the Authority a revised panel of three (3) names from the firms empanelled as proof
consultants by the [Ministry of Road Transport and Highways] for obtaining the
consent of the Authority. The Contractor shall also obtain the consent of the
Authority for two (2) key personnel of the Proof Consultant who shall have adequate
experience and qualifications in highways and bridges respectively. The Authority
shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder,
convey its decision, with reasons, to the Contractor, and if no such decision is
conveyed within the said period, the Contractor may proceed with engaging of the
Proof Consultant.
(iii) The Proof Consultant shall:
(a) evolve a systems approach with the Design Director so as to minimise the
time required for final designs and construction drawings; and
(b) proof check the detailed calculations, drawings and designs, which have been
approved by the Design Director.
(iv) In respect of the Contractor’s obligations with respect to the design and Drawings of
the Project Highway as set forth in Schedule-I, the following shall apply:
(a) The Contractor shall prepare and submit, with reasonable promptness and in
such sequence as is consistent with the Project Completion Schedule, three (3)
copies each of the design and Drawings, duly certified by the Proof Consultant,
to the Authority’s Engineer for its approval. Provided, however, that in respect
of Major Bridges and Structures, the Authority’s Engineer may require
additional drawings for approval in accordance with Good Industry Practice.
(b) by submitting the Drawings for review and approval to the Authority’s
Engineer, the Contractor shall be deemed to have represented that it has
determined and verified that the design and engineering, including field
construction criteria related thereto, are in conformity with the Scope of the
Project, the Specifications and Standards and the Applicable Laws;
(c) within 15 (fifteen) days of the receipt of the Drawings, the Authority’s
Engineer shall review the same and convey its approval/observations to the
Contractor with particular reference to their conformity or otherwise with the

Scope of the Project and the Specifications and Standards. Provided, however
that in case of a major bridge or structure, the aforesaid period of 15 (fifteen)
days may be extended up to 30 (thirty) days;
(d) if the aforesaid observations of the Authority’s Engineer indicate that the
Drawings are not in conformity with the Scope of the Project or the
Specifications and Standards, such Drawings shall be revised by the
Contractor in conformity with the provisions of this Agreement and
resubmitted to the Authority’s Engineer for review and approval. The
Authority’s Engineer shall give its observations, if any, within 10 (ten) days of
receipt of the revised Drawings. In the event the Contractor fails to revise and
resubmit such Drawings to the Authority’s Engineer for review/approval as
aforesaid, the Authority’s Engineer may withhold the payment for the affected
works in accordance with the provisions of Clause 19.5 (iv). If the Contractor
disputes any decision, direction or determination of the Authority’s Engineer
hereunder, the Dispute shall be resolved in accordance with the Dispute
Resolution Procedure;
(e) no review/approval and/or observation of the Authority’s Engineer and/or its
failure to review/approval and/or convey its observations on any Drawings
shall relieve the Contractor of its obligations and liabilities under this
Agreement in any manner nor shall the Authority’s Engineer or the Authority
be liable for the same in any manner; and if errors, omissions, ambiguities,
inconsistencies, inadequacies or other Defects are found in the Drawings, they
and the construction works shall be corrected at the Contractor's cost,
notwithstanding any approval under this Article 10;
(f) the Contractor shall be responsible for delays in submitting the Drawing as set
forth in Schedule-I caused by reason of delays in surveys and field
investigations, and shall not be entitled to seek any relief in that regard from
the Authority; and
(g) the Contractor warrants that its designers, including any third parties
engaged by it, shall have the required experience and capability in accordance
with Good Industry Practice and it shall indemnify the Authority against any
damage, expense, liability, loss or claim, which the Authority might incur,
sustain or be subject to arising from any breach of the Contractor’s design
responsibility and/or warranty set out in this Clause.
(h) the Contractor shall ensure that all the designs and drawings shall be
approved from the Authority’s Engineer within 90 days (ninety) from the
Appointed Date.
(v) Any cost or delay in construction arising from review/approval by the Authority’s
Engineer shall be borne by the Contractor.
(vi) Works shall be executed in accordance with the Drawings provided by the Contractor
in accordance with the provisions of this Clause 10.2 and the approval of the
Authority’s Engineer thereon as communicated pursuant to the provisions of sub-

Clause (c) & (d) of Clause 10.2 (iv). Such Drawings shall not be amended or altered
without prior written notice to the Authority’s Engineer. If a Party becomes aware of
an error or defect of a technical nature in the design or Drawings, that Party shall
promptly give notice to the other Party of such error or defect.
(vii) Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish
to the Authority and the Authority’s Engineer a complete set of as- built Drawings, in
2 (two) hard copies and in micro film form or in such other medium as may be
acceptable to the Authority, reflecting the Project Highway as actually designed,
engineered and constructed, including an as-built survey illustrating the layout of
the Project Highway and setback lines, if any, of the buildings and structures forming
part of Project Facilities.
10.3 Construction of the Project Highway
(i) The Contractor shall construct the Project Highway as specified in Schedule- B and
Schedule-C, and in conformity with the Specifications and Standards set forth in
Schedule-D. The Contractor shall be responsible for the correct positioning of all
parts of the Works, and shall rectify any error in the positions, levels, dimensions or
alignment of the Works. The 1460th (fourteen hundred and sixty) day from the
Appointed Date shall be the scheduled completion date (the “Scheduled
Completion Date”) and the Contractor agrees and undertakes that the construction
shall be completed on or before the Scheduled Completion Date, including any
extension thereof.
(ii) The Contractor shall construct the Project Highway in accordance with the Project
Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to
achieve any Project Milestone or the Scheduled Completion Date within a period of
30 (thirty) days from the date set forth in Schedule-J, unless such failure has
occurred due to Force Majeure or for reasons solely attributable to the Authority, it
shall pay Damages to the Authority of a sum calculated at the rate of 0.05% (zero
point zero five percent) of the Contract Price for delay of each day reckoned from the
date specified in Schedule –J and until such Project Milestone is achieved or the
Project Highway is completed; provided that if the period for any or all Project
Milestones or the Scheduled Completion Date is extended in accordance with the
provisions of this Agreement, the dates set forth in Schedule-J shall be deemed to be
modified accordingly and the provisions of this Agreement shall apply as if Schedule-
J has been amended as above; provided further that in the event the Project Highway
is completed within or before the Scheduled Completion Date including any Time
Extension, applicable for that work or section, the Damages paid under this Clause
10.3 (ii) shall be refunded by the Authority to the Contractor, but without any
interest thereon.
The Parties agree that for determining achievement or delays in completion of the
Project Milestones or the Project on the due date, the works affected due to delay in
providing the site for which time extension has been granted beyond the Scheduled
Completion Date will be excluded. For example on the due date to achieve the Project
Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180 th (one
hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project
length corresponding to the Project Milestone-I is not handed over or lately handed
over resulting in the extension of completion of this 5% (five percent) length beyond
Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved
by 180th (one hundred and eighty) day.
For the avoidance of doubt, it is agreed that recovery of Damages under this Clause
10.3 (ii) shall be without prejudice to the rights of the Authority under this
Agreement including the right of Termination thereof. The Parties further agree that
Time Extension hereunder shall only be reckoned for and in respect of the affected
Works as specified in Clause 10.5 (ii).
(iii) The Authority shall notify the Contractor of its decision to impose Damages in
pursuance with the provisions of this Clause 10.3. Provided that no deduction on
account of Damages shall be effected by the Authority without notifying the
Contractor of its decision to impose the Damages, and taking into consideration the
representation, if any, made by the Contractor within 20 (twenty) days of such
notice. The Parties expressly agree that the total amount of Damages under Clause
10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. If the damages
exceed 10% (ten percent) of the Contract Price, the Contractor shall be deemed to be
in default of this agreement having no cure and the Authority shall be entitled to
terminate this Agreement by issuing a Termination Notice in accordance with the
provisions of Clause 23.1 (ii).
(iv) In the event that the Contractor fails to achieve the Project Completion within a
period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J,
unless such failure has occurred due to Force Majeure or for reasons solely
attributable to the Authority, the contractor shall be deemed to be ineligible for
bidding any future projects of the Authority, both as the sole party or as one of the
parties of Joint Venture/ Consortium during the period from Scheduled Completion
Date to issuance of Completion Certificate. This restriction is applicable if the
contract value of the delayed project is not less than Rs. 300 Crore.
10.4 Maintenance during Construction Period
(i) During the Construction Period, the Contractor shall maintain, at its cost, the existing
lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at
no time materially inferior as compared to their condition on Appointed Date, and
shall undertake the necessary repair and maintenance works for this purpose;
provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if
such interruption and diversion is necessary for the efficient progress of Works and
conforms to Good Industry Practice; provided further that such interruption and
diversion shall be undertaken by the Contractor only with the prior written approval
of the Authority’s Engineer which approval shall not be unreasonably withheld. For
the avoidance of doubt, it is agreed that the Contractor shall at all times be
responsible for ensuring safe operation of the Project Highway. It is further agreed
that in the event the Project includes construction of a bypass or tunnel and
realignment of the existing carriageway, the Contractor shall maintain the existing
highway in such sections until the new Works are open to traffic.
(ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of
default by the Contractor in discharging the obligations specified in Clause 10.4 (i)
above, the Authority shall get these maintenance works completed in the manner
recommended by the Authority’s Engineer to avoid public inconvenience at the risk
and cost of the Contractor in order to keep the road in traffic worthy condition.
10.5 Extension of time for completion
(i) Without prejudice to any other provision of this Agreement for and in respect of
extension of time, the Contractor shall be entitled to extension of time in the Project
Completion Schedule (the “Time Extension”) to the extent that completion of any
Project Milestone is or will be delayed by any of the following, namely:
(a) delay in providing the Right of Way of Construction Zone, environmental

clearances or approval of railway authorities, specified in Clause 3.1 (iv);
(b) Change of Scope (unless an adjustment to the Scheduled Completion Date has
been agreed under Article 13);
(c) occurrence of a Force Majeure Event;
(d) any delay, impediment or prevention caused by or attributable to the
Authority, the Authority's personnel or the Authority's other contractors on
the Site; and
(e) any other cause or delay which entitles the Contractor to Time Extension in
accordance with the provisions of this Agreement.
(ii) The Contractor shall, no later than 15 (fifteen) business days from the occurrence of
an event or circumstance specified in Clause 10.5 (i), inform the Authority’s Engineer
by notice in writing, with a copy to the Authority, stating in reasonable detail with
supporting particulars, the event or circumstances giving rise to the claim for Time
Extension in accordance with the provisions of this Agreement. Provided that the
period of 15 (fifteen) business days shall be calculated from the date on which the
Contractor became aware, or should have become aware, of the occurrence of such
an event or circumstance.
Provided further that notwithstanding anything to the contrary contained in this

Agreement, Time Extension shall be due and applicable only for the Works which are
affected by the aforesaid events or circumstances and shall not in any manner affect
the Project Completion Schedule for and in respect of the Works which are not
affected hereunder.
(iii) On the failure of the Contractor to issue to the Authority’s Engineer a notice in
accordance with the provisions of Clause 10.5 (ii) within the time specified therein,
the Contractor shall not be entitled to any Time Extension and shall forfeit its right
for any such claims in future. For the avoidance of doubt, in the event of failure of the
Contractor to issue notice as specified in this clause 10.5 (iii), the Authority shall be
discharged from all liability in connection with the claim.
(iv) The Authority’s Engineer shall, on receipt of the claim in accordance with the
provisions of Clause 10.5 (ii), examine the claim expeditiously within the time frame
specified herein. In the event the Authority’s Engineer requires any clarifications to
examine the claim, the Authority’s Engineer shall seek the same within 15 (fifteen)
days from the date of receiving the claim. The Contractor shall, on receipt of the
communication of the Authority’s Engineer requesting for clarification, furnish the
same to the Authority’s Engineer within 10 (ten) days thereof. The Authority’s
Engineer shall, within a period of 30 (thirty) days from the date of receipt of such
clarifications, forward in writing to the Contractor its determination of Time
Extension.
Provided that when determining each extension of time under this Clause 10.5, the
Authority’s Engineer shall review previous determinations and may increase, but
shall not decrease, the total Time Extension.
(v) If the event or circumstance giving rise to the notice has a continuing effect:
(a) a fully detailed claim shall be considered as interim;

(b) the Contractor shall, no later than 10 (ten) days after the close of each month,
send further interim claims specifying the accumulated delay, the extension of
time claimed, and such further particulars as the Authority’s Engineer may
reasonably require; and
(c) the Contractor shall send a final claim within 30 (thirty) days after the effect
of the event or the circumstance ceases.
Upon receipt of the claim hereunder, the Authority’s Engineer shall examine the same
in accordance with the provisions of Clause 10.5 (iv) within a period of 30 (thirty)
days of the receipt thereof
10.6 Incomplete Works
In the event the Contractor fails to complete the Works in accordance with the Project
Completion Schedule, including any Time Extension granted under this Agreement, the
Contractor shall endeavour to complete the balance work expeditiously and shall pay
Damages to the Authority in accordance with the provisions of Clause 10.3 (ii) for delay of
each day until the Works are completed in accordance with the provisions of this Agreement.
Recovery of Damages under this Clause shall be without prejudice to the rights of the
Authority under this Agreement including the right to termination under Clause 23.1.
10.7 Maintenance Manual
No later than 60 (sixty) days prior to the Project Completion Date, the Contractor shall, in
consultation with the Authority’s Engineer, evolve a maintenance manual (the “Maintenance
Manual”) for the regular and preventive maintenance of the Project Highway in conformity
with the Specifications and Standards, safety requirements and Good Industry Practice, and
shall provide 5 (five) copies thereof to the Authority’s Engineer. The Authority’s Engineer shall
review the Maintenance Manual within 15 (fifteen) days of its receipt and communicate its
comments to the Contractor for necessary modifications, if any.
10.8 As-Built Records
The Contractor shall prepare, and keep up-to-date, a complete set of as built records of the
execution of the Works, showing the exact as built locations, sizes and details on the Works as
executed with cross references to all relevant specifications and data sheets. These records
shall be kept on the Site and shall be used exclusively for the purpose of this Sub-Clause 10.8.
The Contractor shall provide 2 (two) copies of as built records to the Authority prior to the
commencement of the Tests on Completion.
10.9 Contractor's Use of Authority’s Documents
Intellectual property in the Authority’s requirements and Specifications and Standards and all
other documents and materials issued by the Authority or the Authority’s Representative to the
Contractor shall (as between the parties) remain the property of the Authority. The Contractor
may, at its cost, copy, use and communicate any such documents for the purposes of the
Contract. They shall not, without the consent of the Authority, be used, copied or
communicated to a third party by the Contractor, except as necessary for the purposes of the
Works under the Agreement.
Article 11
Quality Assurance, Monitoring and Supervision
11.1 Quality of Materials and workmanship
The Contractor shall ensure that the Construction, Materials and workmanship are in
accordance with the requirements specified in this Agreement, Specifications and Standards
and Good Industry Practice.
11.2 Quality control system
(i) The Contractor shall establish a quality control mechanism to ensure compliance with
the provisions of this Agreement (the “Quality Assurance Plan” or “QAP”).
(ii) The Contractor shall, within 30 (thirty) days of the Appointed Date, submit to the
Authority’s Engineer its Quality Assurance Plan which shall include the following:
(a) organisation, duties and responsibilities, procedures, inspections and

documentation;
(b) quality control mechanism including sampling and testing of Materials, test
frequencies, standards, acceptance criteria, testing facilities, reporting,
recording and interpretation of test results, approvals, check list for site
activities, and proforma for testing and calibration in accordance with the
Specifications for Road and Bridge Works issued by MORTH, relevant IRC
specifications and Good Industry Practice; and
(c) internal quality audit system.
The Authority’s Engineer shall convey its approval to the Contractor within a period of 21
(twenty-one) days of receipt of the QAP stating the modifications, if any, required, and the
Contractor shall incorporate those in the QAP to the extent required for conforming with the
provisions of this Clause 11.2.
(iii) The Contractor shall procure all documents, apparatus and instruments, fuel,
consumables, water, electricity, labour, Materials, samples, and qualified personnel
as are necessary for examining and testing the Project Assets and workmanship in
accordance with the Quality Assurance Plan.
(iv) The cost of testing of Construction, Materials and workmanship under this Article 11
shall be borne by the Contractor.
11.3 Methodology
The Contractor shall, at least 15 (fifteen) days prior to the commencement of the
construction, submit to the Authority’s Engineer for review and consent the methodology
proposed to be adopted for executing the Works, giving details of equipment to be deployed,
traffic management and measures for ensuring safety. The Authority’s Engineer shall complete
the review and convey its consent to the Contractor within a period of 10 (ten) days from the
date of receipt of the proposed methodology from the Contractor.
11.4 Inspection and technical audit by the Authority
The Authority or any representative authorised by the Authority in this behalf may inspect and
review the progress and quality of the construction of Project Highway and issue appropriate
directions to the Authority’s Engineer and the Contractor for taking remedial action in the
event the Works are not in accordance with the provisions of this Agreement.
11.5 External technical audit
(i) At any time during construction, the Authority may appoint an external technical
auditor to conduct an audit of the quality of the Works. The Auditor in the presence
of the representatives of the Contractor and the Authority’s Engineer shall carry out
the tests and/ or collect samples for testing in the laboratory. The timing, the testing
equipment and the sample size of this audit shall be as decided by the Authority. The
findings of the audit, to the extent accepted by the Authority, shall be notified to the
Contractor and the Authority’s Engineer for taking remedial action in accordance
with this Agreement.
(ii) After completion of the remedial measures by the Contractor, the Auditor shall
undertake a closure audit and this process will continue till the remedial measures
have brought the works into compliance with the Specifications and Standards. The
Contractor shall provide all assistance as may be required by the auditor in the
conduct of its audit hereunder. Notwithstanding anything contained in this Clause
11.5, the external technical audit shall not affect any obligations of the Contractor or
the Authority’s Engineer under this Agreement.
11.6 Inspection of construction records
The Authority shall have the right to inspect the records of the Contractor relating to the
Works.
11.7 Monthly progress reports
During the Construction Period, the Contractor shall, no later than 10 (ten) days after the close
of each month, furnish to the Authority and the Authority’s Engineer a monthly report on
progress of the Works and shall promptly give such other relevant information as may be
required by the Authority’s Engineer.
The Contractor agrees that reporting under this Clause 11.7 shall continue until the date of the
completion of the Works. Each report shall include:
(a) an executive summary;

(b) charts showing the status of Contractor's documents, construction and
manufacturing and environmental works;
(c) details of work subcontracted and the performance of Sub-contractors;
(d) for the construction of each main part of the Works, the extent of progress
(both quantity and percentage of the whole), the actual or expected dates of
commencement, anticipated completion date of the activity, Contractor's

inspections and tests;
(e) records of manpower and Contractor's equipment on the Site;
(f) copies for that month of quality assurance documents, test results and
certificates;
(g) safety statistics, accident data collection including details of any hazardous
incidents and activities relating to environmental aspects and public relations;
(h) comparisons of actual and planned progress, with details of any aspects which
may jeopardise the completion in accordance with the Agreement, and the
measures being (or to be) adopted to overcome such aspects;
(i) details of any unresolved disputes or claims, in relation to the Project;
(j) details of any revision to the cash flow estimate, together with a copy of the
revised cash flow estimate;
(k) status of various Applicable Permits and compliance of conditions therein;
(l) details of various royalty payment and insurances required to be taken by the
Contractor; and
(m) such other reports as may be required by the Authority for enabling the
Authority to comply with its obligations under the other Project contracts.
(n) details of defects by the Authority;
(o) change in emission of any sewage or effluent of any nature whatsoever,
whether qualitatively or quantitatively;
(p) any Material Adverse Effect;
(q) declaration towards compliance with Applicable Laws including but not
limited to environmental and labour legislations;
(r) declaration specifying compliance with all Manuals provided to the
Contractor; and
(s) any change in the flow of traffic in the existing Project Highway.
11.8 Inspection
(i) The Authority’s Engineer and its authorised representative shall at all reasonable
times:
(a) have full access to all parts of the Site and to all places from which natural
Materials are being obtained for use in the Works; and
(b) during production, manufacture and construction at the Site and at the place
of production, be entitled to examine, inspect, measure and test the Materials
and workmanship, and to check the progress of manufacture of Materials.
(ii) The Contractor shall give the Authority’s Engineer and its authorised agents access,
facilities and safety equipment for carrying out their obligations under this
Agreement.
(iii) The Authority’s Engineer shall submit a monthly inspection report (the “Inspection
Report”) to the Authority and the Contractor bringing out the results of inspections
and the remedial action taken by the Contractor in respect of Defects or deficiencies.
For the avoidance of doubt, such inspection or submission of Inspection Report by
the Authority’s Engineer shall not relieve or absolve the Contractor of its obligations
and liabilities under this Agreement in any manner whatsoever.
11.9 Samples
The Contractor shall submit the following samples of Materials and relevant information to
the Authority’s Engineer for pre-construction review:
(a) manufacturer's test reports and standard samples of manufactured Materials;

and
(b) samples of such other Materials as the Authority’s Engineer may require.
11.10 Tests
(i) For determining that the Works conform to the Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out or cause to be carried
out tests, at such time and frequency and in such manner as specified in this
Agreement, and in accordance with Good Industry Practice for quality assurance.
The test checks by the Authority’s Engineer shall comprise at least 50% (fifty
percent) of the quantity or number of tests prescribed for each category or type of
test for quality control by the Contractor.
(ii) In the event that results of any tests conducted under this Clause 11.10 establish any
Defects or deficiencies in the Works, the Contractor shall carry out remedial
measures and furnish a report to the Authority’s Engineer in this behalf. The
Authority’s Engineer shall require the Contractor to carry out or cause to be carried
out tests to determine that such remedial measures have brought the Works into
compliance with the Specifications and Standards, and the procedure shall be
repeated until such Works conform to the Specifications and Standards. For the
avoidance of doubt, the cost of such tests and remedial measures in pursuance
thereof shall be solely borne by the Contractor.
11.11 Examination of work before covering up
In respect of the work which the Authority’s Engineer is entitled to examine, inspect, measure
and/or test before it is covered up or put out of view or any part of the work is placed thereon,
the Contractor shall give notice to the Authority’s Engineer whenever any such work is ready
and before it is covered up. The Authority’s Engineer shall then either carry out the
examination, inspection or testing without unreasonable delay, or promptly give notice to the
Contractor that the Authority’s Engineer does not require to do so. Provided, however, that if
any work is of a continuous nature where it is not possible or prudent to keep it uncovered or
incomplete, the Contractor shall notify the schedule of carrying out such work to give
sufficient opportunity, not being less than 3 (three) business days’ notice, to the Authority’s
Engineer to conduct its inspection, measurement or test while the work is continuing.
Provided further that in the event the Contractor receives no response from the Authority’s
Engineer within a period of 3 (three) business days from the date on which the Contractor’s
notice hereunder is delivered to the Authority’s Engineer, the Contractor shall be entitled to
assume that the Authority’s Engineer would not undertake the said inspection.
11.12 Rejection
If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design
or workmanship is found to be defective or otherwise not in accordance with the provisions of
this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or
workmanship by giving notice to the Contractor, with reasons. The Contractor shall then
promptly make good the Defect and ensure that the rejected item complies with the
requirements of this Agreement.
If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be

retested, the tests shall be repeated under the same terms and conditions, as applicable in
each case. If the rejection and retesting cause the Authority to incur any additional costs, such
cost shall be recoverable by the Authority from the Contractor; and may be deducted by the
Authority from any monies due to be paid to the Contractor.
11.13 Remedial work
(i) Notwithstanding any previous test or certification, the Authority’s Engineer may
instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in
accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the
provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project
Highway, whether because of an accident, unforeseeable event or otherwise;
provided that in case of any work required on account of a Force Majeure
Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s
Engineer under Clause 11.13 (i), within the time specified in the Authority’s
Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the
Authority to have the work executed by another agency. The cost so incurred by the
Authority for undertaking such work shall, without prejudice to the rights of the
Authority to recover Damages in accordance with the provisions of this Agreement,
be recoverable from the Contractor and may be deducted by the Authority from any
monies due to be paid to the Contractor.
11.14 Delays during construction
Without prejudice to the provisions of Clause 10.3 (ii), in the event the Contractor does not
achieve any of the Project Milestones or the Authority’s Engineer shall have reasonably
determined that the rate of progress of Works is such that Completion of the Project Highway
is not likely to be achieved by the end of the Scheduled Completion Date, it shall notify the
same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such notice, by a
communication inform the Authority’s Engineer in reasonable detail about the steps it
proposes to take to expedite progress and the period within which it shall achieve the Project
Completion Date.
11.15 Quality control records and Documents
The Contractor shall hand over a copy of all its quality control records and documents to the
Authority’s Engineer before the Completion Certificate is issued pursuant to Clause 12.2. The
Contractor shall submit Road Signage Plans to the Authority Engineer for approval at least 6
(six) months prior to expected completion of Project Highway.
11.16 Video recording
During the Construction Period, the Contractor shall provide to the Authority for every
calendar quarter, a video recording, which will be compiled into a 3 (three)-hour compact disc
or digital video disc, as the case may be, covering the status and progress of Works in that
quarter. The video recording shall be provided to the Authority no later than 15 (fifteen) days
after the close of each quarter after the Appointed Date.
11.17 Suspension of unsafe Construction Works
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by
notice require the Contractor to suspend forthwith the whole or any part of the
Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens
the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works
or any part thereof for such time and in such manner as may be specified by the
Authority and thereupon carry out remedial measures to secure the safety of
suspended works, the Users and pedestrians. The Contractor may by notice require
the Authority’s Engineer to inspect such remedial measures forthwith and make a
report to the Authority recommending whether or not the suspension hereunder
may be revoked. Upon receiving the recommendations of the Authority’s Engineer,
the Authority shall either revoke such suspension or instruct the Contractor to carry
out such other and further remedial measures as may be necessary in the reasonable
opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be
repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining
and protecting the Works or part thereof during the period of suspension (the
“Preservation Costs”), shall be borne by the Contractor; provided that if the
suspension has occurred as a result of any breach of this Agreement by the

Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the
Authority’s Engineer shall determine any Time Extension to which the Contractor is
reasonably entitled.
11.18 Staff and Labour
(i) Engagement of Staff and Labour
(a) The Contractor shall make its own arrangements for the engagement of all
personnel and labour, local or otherwise, and for their payment, housing,
feeding and transport.
(b) The Contractor has verified/ shall verify the identity and address of all its
employees and officials related to the Works by collecting necessary
documentary proof.
(c) The Contractor shall seek a self-declaration from its employees that they have
not been convicted of any criminal offence by any court and if any criminal
proceedings/charge-sheets have been pending/filed against them. The
Contractor shall not employ persons with criminal track record on the project.
In cases where it comes to notice later that the employee concerned has
concealed any such fact in his self-declaration or commits a criminal offence
during the course of his employment, the Contractor shall remove such
person from the project
(d) Deleted.
(e) The employees and personnel of the Contractor shall work under the
supervision, control and direction of the Contractor and the Contractor shall
be solely responsible for all negotiations with its employees and personnel
relating to their salaries and benefits, and shall be responsible for
assessments and monitoring of performance and for all disciplinary matters.
All employees / personnel, executives engaged by the Contractor shall be in
sole employment of the Contractor and the Contractor shall be solely
responsible for their salaries, wages, statutory payments, etc and under no
circumstances the personnel shall be deemed to be the employees of the
Authority. Under no circumstances the Authority shall be liable for any
payment or claim or compensation of any nature to the employees and
personnel of the Contractor.
(ii) Returns of Labour
(a) The Contractor shall deliver to the Authority a detailed return in such form
and at such intervals as the Authority may prescribe, showing the details
including names, payment details and terms of appointment of the several
classes of labour employed by the Contractor from time to time for the Works.
The Contractor shall, in its returns certify that all dues of the workers or labour
have been fully paid.
(b) The Authority is entitled to witness labour payments made or to be made by
the Contractor. If the Contractor defaults in its obligations for making any
payments under the labour laws, the Employer may make the relevant
payments. Any sum equal to any amount paid by the Employer under this
Sub-Sub-Clause 9.2 shall be immediately due as a debt from the Contractor to
the Employer and until payment/ set off shall carry interest at 18% per
annum. For this purpose it is agreed between the parties that debt due
aforesaid shall be set off immediately out the running account bills of the
Contractor under this Agreement.
(iii) Persons in the Service of Others
The Contractor shall not recruit, or attempt to recruit from amongst persons in the service of
the Authority.
(iv) Labour Laws
(a) The Contractor shall obtain all relevant labour registrations and comply with
all relevant labour laws applying to its employees, and shall duly pay them
and afford to them all their legal rights.
(b) The Contractor shall make all deductions of tax at source and all contributions
to the Payment of Gratuity, Provident Fund (including Employees’
contribution) and Employees’ State Insurance Scheme as may be required by
Applicable Laws and deposit the aforesaid contributed amount with the
appropriate authority/(s).
(c) The Contractor shall require all personnel engaged in the Works to obey all
Applicable Laws and regulations. The Contractor shall permit Authority to
witness labour payments for the Contractors direct labour, or the
Subcontractors labour. The Contractor shall ensure that all its Subcontractors
strictly comply with all labour laws.
(d) Documentary evidence confirming compliance with Sub-Clause 12.4, as may
be required from time to time, shall be provided to the Employer’s
Representative.
(e) The Employer shall not be liable for any delay/default of the Contractor in
compliance of the labour laws.
(v) Facilities for Staff and Labour
The Contractor shall provide and maintain all necessary accommodation and welfare facilities
for personnel engaged for the Works. The Contractor shall not permit any personnel engaged
for the Works to maintain any temporary or permanent living quarters within the structures
forming part of the Works.
(vi) Health And Safety

All necessary precautions shall be taken by the Contractor to ensure the health and safety of
staff and labour engaged for the Works. The Contractor shall, in collaboration with and to the
requirements of the local health authorities, ensure that para-medical staff, first aid facilities,
ambulance service are available on the Site at all times, and that suitable arrangements are
made for all necessary welfare and hygiene requirements and for the prevention of epidemics.
The Contractor shall appoint a safety officer to be responsible for the safety of personnel on
the Site. This safety officer shall be qualified for his work and shall have the authority to issue
instructions concerning safety and take protective measures to prevent accidents. The
Contractor shall maintain records and make reports concerning health, safety and welfare of
personnel, and damage to property, in such manner as the Authority may reasonably require.
(vii) Contractor's Personnel
The Contractor shall employ only personnel who are appropriately qualified, skilled and
experienced in their respective trades or occupations. The Authority may require the
Contractor to remove any personnel engaged for the Works, who in the opinion of the
Authority:
(a) has engaged in any misconduct;

(b) is incompetent or negligent in the performance of his duties;
(c) fails to conform with any provisions of the Contract;
(d) engages in any conduct which is prejudicial to safety, health, or the protection
of the environment; or
(e) makes errors in the discharge of his functions.
If appropriate and required by the Employer, the Contractor shall then appoint (or cause to be
appointed) a suitable replacement person.
(viii) Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any unlawful,
riotous or disorderly conduct by or amongst its personnel, and to preserve peace and
protection of people and property in the neighbourhood of the Works.
Article 12
Completion Certificate
12.1 Tests on Completion
(i) At least 30 (thirty) days prior to the likely completion of the Project Highway, or a
Section thereof, the Contractor shall notify the Authority’s Engineer of its intent to
subject the Project Highway or a Section thereof, to Tests. The date and time of each
of the Tests shall be determined by the Authority’s Engineer in consultation with the
Contractor, and notified to the Authority who may designate its representative to
witness the Tests. The Contractor shall either conduct the Tests as directed by the
Authority’s Engineer or provide such assistance as the Authority’s Engineer may
reasonably require for conducting the Tests. In the event of the Contractor and the
Authority’s Engineer failing to mutually agree on the dates for conducting the Tests,
the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the
Authority’s Engineer.
(ii) All Tests shall be conducted in accordance with Schedule-K. The Authority’s Engineer
shall either conduct or observe, monitor and review the Tests conducted by the
Contractor, as the case may be, and review the results of the Tests to determine
compliance of the Project Highway or a Section thereof, with Specifications and
Standards and if it is reasonably anticipated or determined by the Authority’s
Engineer during the course of any Test that the performance of the Project Highway
or Section or any part thereof, does not meet the Specifications and Standards, it
shall have the right to suspend or delay such Test and require the Contractor to
remedy and rectify the Defect or deficiencies. Upon completion of each Test, the
Authority’s Engineer shall provide to the Contractor and the Authority copies of all
Test data including detailed Test results. For the avoidance of doubt, it is expressly
agreed that the Authority’s Engineer may require the Contractor to carry out or
cause to be carried out additional Tests, in accordance with Good Industry Practice,
for determining the compliance of the Project Highway or Section thereof with the
Specifications and Standards.
12.2 Completion Certificate
(i) Upon completion of all Works forming part of the Project Highway, and the
Authority’s Engineer determining the Tests to be successful and after the receipt of
notarized true copies of the certificate(s) of insurance, copies of insurance policies
and premium payment receipts in respect of the insurance defined in Article 20 and
Schedule P of this Agreement, it shall, at the request of the Contractor forthwith issue
to the Contractor and the Authority a certificate substantially in the form set forth in
Schedule-L (the “Completion Certificate”).
(ii) Upon receiving the Completion Certificate, the Contractor shall remove its equipment,
materials, debris and temporary works from the Site within a period of 30 (thirty)
days thereof, failing which the Authority may remove or cause to be removed, such
equipment, materials, debris and temporary works and recover from the Contractor
an amount equal to 120% (one hundred and twenty per cent) of the actual cost of
removal incurred by the Authority.
(iii) Without prejudice to the obligations of the Contractor specified in Articles 14 and 17,
the property and ownership of all the completed Works forming part of the Project
Highway shall vest in the Authority.
12.3 Rescheduling of Tests
If the Authority’s Engineer certifies to the Authority and the Contractor that it is unable to issue
the Completion Certificate, as the case may be, because of events or circumstances on account of
which the Tests could not be held or had to be suspended, the Contractor shall be entitled to
re-schedule the Tests and hold the same as soon as reasonably practicable.
Article 13
Change of Scope
13.1 Change of Scope
(i) The Authority may, notwithstanding anything to the contrary contained in this
Agreement, require the Contractor to make modifications/ alterations to the Works
(“Change of Scope”) within a period of six months counted from the Appointed Date.
Upon the Authority making its intention known to the Contractor for the specific
Change of Scope, be it positive or negative, the Contractor shall submit his proposal
for the said Change of Scope involving additional cost or reduction in cost. Any such
Change of Scope shall be made and valued in accordance with the provisions of this
Article 13.
(ii) Provided that any such Change of Scope, excluding major structures (e.g. Major
Bridge/ ROB/ RUB/ Flyover/ elevated road of more than 50 m length) may be
required and agreed to be executed between the parties beyond the period of six
months of the Appointed Date but before expiry of 50% of the original Scheduled
Construction Period of the Project Highway, subject to the condition that it shall not
entail any claims (e.g. Extension of Time/ Prolongation related claims), against the
Authority.
(iii) The Change of Scope shall mean the following:
(a) change in specifications of any item of Works;

(b) omission of any work from the Scope of the Project except under Clause 8.3
(iii); provided that, subject to Clause 13.5, the Authority shall not omit any
Work under this Clause in order to get it executed by any other authority; and
/ or
(c) any additional Work, Plant, Materials or services which are not included in the
Scope of the Project, including any associated Tests on completion of
construction.
13.2 Procedure for Change of Scope
(i) In the event of the Authority determining that a Change of Scope is necessary, it may
direct the Authority’s Engineer to issue to the Contractor a notice specifying in
reasonable detail the Works and services contemplated thereunder (the “Change of
Scope Notice”). The Contractor shall submit a detailed proposal as per Clause 13.2
(iii) within 15 days from the receipt of Change of Scope Notice.
(ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a
Change of Scope to the Works is required, it shall prepare a proposal with relevant
details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to
consider such Change of Scope (the “Change of Scope Request”).
(iii) Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence,
provide to the Authority and the Authority’s Engineer such information as is
necessary, together with detailed proposal in support of:
(a) the impact, if any, which the Change of Scope is likely to have on the Project
Completion Schedule if the works or services are required to be carried out
during the Construction Period; and
(b) the options for implementing the proposed Change of Scope and the effect, if
any, each such option would have on the costs and time thereof, including the
following details:
i. break-up of the quantities, unit rates and cost for different items of work; and
ii. proposed design for the Change of Scope;
iii. proposed modifications, if any, to the Project Completion Schedule of the Project
Highway.
For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of
Clause 13.4 (ii), the Contract Price shall be increased or decreased, as the case may be, on
account of any such Change of Scope.
(iv) The parties agree that costs and time for implementation of the proposed Change of
Scope shall be determined as per the following:
(a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public
Works Department are applicable at the Base Date are available, the same shall
be applicable for determination of costs. In case of non-availability of Schedule
of Rates at the Base Date, the available Schedule of Rates shall be applied by
updating the same based on WPI. In case the Contract Price is lower/ higher
than the Estimated Project Cost as per RFP, then the SOR rates shall be
reduced/ increased in the same proportion accordingly.
(b) For item of Works not included in Schedule of Rates as mentioned in sub-para
(a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of
MORTH Standard Data Book and the Authority’s Engineer shall determine the
prevailing market rates and discount the same considering WPI to achieve
the prevailing rate at the Base Date, and for any item in respect of which
MORTH Standard Data Book does not provide the requisite details, the
Authority’s Engineer shall determine the rate in accordance with Good
Industry Practice.
For the avoidance of doubt, in case the cost as determined by the Contractor
and the Authority reveals a difference of more than 10% (ten per cent), the
cost as determined by the Authority shall be considered as final and binding
on the Contractor.
(c) The design charges shall be considered only for new works or items (i.e. the
Works or items not similar to the works or items in the original scope) @ 1%
(one per cent) of cost of such new works or items.
(d) The costs of existing works or items, which are being changed/ omitted shall
also be valued as per above procedure and only net cost shall be considered.
(e) The reasonable time for completion of works to be taken under Change of
Scope shall be determined by the Authority’s Engineer on the basis of Good
Industry Practice and if such time exceeds the Scheduled Completion Date, the
issue of Completion Certificate shall not be affected or delayed on account of
construction of Change of Scope items/ works remaining incomplete on the
date of Tests.
(v) Upon consideration of the detailed proposal submitted by the Contractor under the
Clause 13.2 (iii), the Authority, within 15 (fifteen) days of receipt of such proposal,
may in its sole discretion either accept such Change of Scope with modifications, if
any, and initiate proceedings thereof in accordance with this Article 13 or reject the
proposal and inform the Contractor of its decision and shall issue an order (the
“Change of Scope Order”) requiring the Contractor to proceed with the
performance thereof.
For the avoidance of doubt, the Parties agree that the Contractor shall not undertake any
Change of Scope without the express consent of the Authority, save and except any works
necessary for meeting any Emergency, that too with verbal approval of Authority which shall
be confirmed in writing in next 3 (three) days. In the event that the Parties are unable to agree,
the Authority may:
(a) issue a Change of Scope Order requiring the Contractor to proceed with the
performance thereof at the rates and conditions approved by the Authority till
the matter is resolved in accordance with Article 26;
or
(b) proceed in accordance with Clause 13.5.
(vi) The provisions of this Agreement, insofar as they relate to Works and Tests, shall
apply mutatis mutandis to the Works undertaken by the Contractor under this Article
13.
13.3 Payment for Change of Scope
Payment for Change of Scope shall be made in accordance with the payment schedule
specified in the Change of Scope Order.
13.4 Restrictions on Change of Scope
(i) No Change of Scope shall be executed unless the Authority has issued the Change of
Scope Order save and except any Works necessary for meeting any Emergency.
(ii) The total value of all Change of Scope Orders shall not exceed 10% (ten per cent) of
the Contract Price.
(iii) Notwithstanding anything to the contrary in this Article 13, if any change is
necessitated because of any default of the Contractor in the performance of its
obligations under this Agreement, the same shall not be deemed to be Change of
Scope, and shall not result in any adjustment of the Contract Price or the Project
Completion Schedule.
13.5 Power of the Authority to undertake Works
(i) In the event the Parties are unable to agree to the proposed Change of Scope Orders in
accordance with Clause 13.2, the Authority may, after giving notice to the Contractor
and considering its reply thereto, award such Works or services to any person or
agency on the basis of open competitive bidding. It is also agreed that the Contractor
shall provide assistance and cooperation to the person or agency who undertakes
the works or services hereunder. The Contractor shall not be responsible for
rectification of any Defects, but the Contractor shall carry out maintenance of such
works after completion of Defect Liability Period of work by other person or agency
during the remaining period of this agreement without any extra payment.
(ii) The Works undertaken in accordance with this Clause 13.5 shall conform to the
Specifications and Standards and shall be carried out in a manner that minimises the
disruption in operation of the Project Highway. The provisions of this Agreement,
insofar as they relate to Works and Tests, shall apply mutatis mutandis to the Works
carried out under this Clause 13.5.
Article 14
Maintenance
14.1 Maintenance obligations of the Contractor
(i) The Contractor shall maintain the Project Highway for a period of [5 (five) / 10 (ten)]
years, corresponding to the Defects Liability Period, commencing from the date of
the Completion Certificate (the “Maintenance Period”). For the performance of its
Maintenance obligations, the Contractor shall be paid:
(a) For flexible pavement with 5 years Maintenance Period including structures:
no maintenance charges shall be paid for the first year; 0.50%of the Contract
Price each for the second, third and fourth year; and 1% of the Contract Price
for the fifth year
(b) For rigid pavement with 10 years Maintenance Period including structures:
0.25% of the Contract Price each for the first, second and third year, 0.5% of
the Contract Price each for fourth, fifth, sixth and seventh year, and 0.75% of
the Contract Price each for eighth, ninth and tenth year.
(c) For flexible perpetual pavement with 10 years maintenance period including
structures: no maintenance charges shall be paid for the first year; 0.5% of the
Contract Price each for the second, third and fourth year; 0.75% of the
Contract Price each for the subsequent years till laying of the renewal layer or
end of maintenance period, whichever is earlier. The requirement for the
renewal layer shall be worked out based on the survey and investigation of
the existing pavement and the cost of such renewal works shall be made
separately to the Contractor based on the principles defined under clause
13.2(iii). After laying of the renewal layer, the Contractor shall be paid @
0.5% of the original Contract Price each for the remaining years till the end of
maintenance period.
(d) For stand-alone Bridge/ Tunnel works: the contractor shall be paid @ 0.25%
of the Contract Price each for the first five years and @ 0.50% of the Contract
Price each for the remaining period of five years.
Above amount for the performance of Contractors’ Maintenance obligations shall be, inclusive
of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or
decrease arising out of variation in WPI to be determined in accordance with the provisions of
Clause 19.12. It is further agreed that the Contract Price hereunder shall be reckoned with
reference to the amount specified in Clause 19.1 (i), which shall be adjusted to the extent of
Change of Scope and the works withdrawn under the provisions of Clause 8.3 (iii), but shall not
include any price adjustments in pursuance of Clause 19.10.
(ii) During the Maintenance Period, the Authority shall provide to the Contractor access
to the Site for Maintenance in accordance with this Agreement. The obligations of the
Contractor hereunder shall include:
(a) permitting safe, smooth and uninterrupted flow of traffic on the Project
Highway;
(b) undertaking routine maintenance including prompt repairs of potholes, cracks,
joints, drains, embankments, structures, pavement markings, lighting, road
signs and other traffic control devices. For the avoidance of doubt, the
electricity charges for operation of electrical infrastructure installed along the
project length, except the infrastructure being used by the Contractor for its
own use, shall be borne by the Authority;
(c) undertaking repairs to structures;
(d) informing the Authority of any unauthorised use of the Project Highway;
(e) informing the Authority of any encroachments on the Project Highway; and
(f) operation and maintenance of all communication, patrolling, and
administrative systems necessary for the efficient maintenance of the Project
Highway in accordance with the provisions of this Agreement.
(iii) In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall,
at its own cost, undertake repair or rectification in accordance with Good Industry
Practice, save and except to the extent that such Defect or deficiency shall have
arisen on account of any wilful default or neglect of the Authority or a Force Majeure
Event.
(iv) The Contractor shall remove promptly from the Project Highway any waste materials
(including hazardous materials and waste water), rubbish and other debris
(including, without limitation, accident debris) and keep the Project Highway in a
clean, tidy and orderly condition, and in conformity with the Applicable Laws,
Applicable Permits and Good Industry Practice.
14.2 Maintenance Requirements
The Contractor shall ensure and procure that at all times during the Maintenance
Period, the Project Highway conforms to the maintenance requirements set forth in
Schedule-E (the “Maintenance Requirements”).
14.3 Maintenance Programme
(i) The Contractor shall prepare a monthly maintenance programme (the “Maintenance
Programme”) in consultation with the Authority’s Engineer and submit the same to
the Authority’s Engineer not later than 10 (ten) days prior to the commencement of
the month in which the Maintenance is to be carried out. For this purpose a joint
monthly inspection by the Contractor and the Authority’s Engineer shall be
undertaken. The Maintenance Programme shall contain the following:
(a) The condition of the road in the format prescribed by the Authority’s
Engineer;
(b) the proposed maintenance Works; and
(c) deployment of resources for maintenance Works.
14.4 Safety, vehicle breakdowns and accidents
(i) The Contractor shall ensure safe conditions for the Users, and in the event of unsafe
conditions, lane closures, diversions, vehicle breakdowns and accidents, it shall
follow the relevant operating procedures for removal of obstruction and debris
without delay. Such procedures shall conform to the provisions of this Agreement,
Applicable Laws, Applicable Permits and Good Industry Practice.
(ii) The Contractor shall maintain and operate a round-the-clock vehicle rescue post with
1 (one) mobile crane having the capacity to lift a truck with a Gross Vehicle Weight of
30,000 (thirty thousand) kilograms; and such post shall be located at [****]. The
Contractor shall promptly remove any damaged vehicles and debris from the Project
Highway to enable safe movement of traffic and shall report all accidents to the
police forthwith.
14.5 Lane closure
(i) The Contractor shall not close any lane of the Project Highway for undertaking
maintenance works except with the prior written approval of the Authority’s
Engineer. Such approval shall be sought by the Contractor through a written request
to be made at least 10 (ten) days before the proposed closure of lane and shall be
accompanied by particulars thereof. Within 5 (five) business days of receiving such
request, the Authority’s Engineer shall grant permission with such modifications as it
may deem necessary and a copy of such permission shall be sent to the Authority.
(ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be
entitled to close the designated lane for the period specified therein, and for all lane
closures extending a continuous period of 48 (forty-eight) hours, the Contractor
shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two
hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated
at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment
for each day of delay until the lane has been re-opened for traffic. In the event of any
delay in re-opening such lanes or in the event of emergency decommissioning and
closure to traffic of the whole or any part of the Project Highway due to failure of the
Contractor, the Contractor shall pay damages to the Authority at double the above
rate, without prejudice the rights of the Authority under this Agreement including
Termination thereof.
14.6 Reduction of payment for non-performance of Maintenance obligations
(i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set
forth in Schedule-E within the period specified therein, it shall be deemed as failure
of performance of Maintenance obligations by the Contractor and the Authority shall
be entitled to effect reduction in monthly lump sum payment for maintenance in
accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the
Authority under this Agreement, including Termination thereof.
(ii) If the nature and extent of any Defect justifies more time for its repair or rectification
than the time specified in Schedule-E, the Contractor shall be entitled to additional
time in conformity with Good Industry Practice. Such additional time shall be
determined by the Authority’s Engineer and conveyed to the Contractor and the
Authority with reasons thereof.
14.7 Authority’s right to take remedial measures
In the event the Contractor does not maintain and/or repair the Project Highway or any part
thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the
Maintenance Programme, as the case may be, and fails to commence remedial works within 15
(fifteen) days of receipt of the Maintenance Inspection Report under Clause 15.2 or a notice in
this behalf from the Authority or the Authority’s Engineer, as the case may be, the Authority
shall, without prejudice to its rights under this Agreement including Termination thereof, be
entitled to undertake such remedial measures at the cost of the Contractor, and to recover its
cost from the Contractor. In addition to recovery of the aforesaid cost, a sum equal to 20%
(twenty per cent) of such cost shall be paid by the Contractor to the Authority as Damages.
14.8 Restoration of loss or damage to Project Highway
Save and except as otherwise expressly provided in this Agreement, in the event that the
Project Highway or any part thereof suffers any loss or damage during the Maintenance from
any cause attributable to the Contractor, the Contractor shall, at its cost and expense, rectify
and remedy such loss or damage forthwith so that the Project Highway conforms to the
provisions of this Agreement.
14.9 Overriding powers of the Authority
(i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its
obligations under this Agreement and, in particular, the Maintenance Requirements,
and such breach is causing or likely to cause material hardship or danger to the
Users and pedestrians, the Authority may, without prejudice to any of its rights
under this Agreement including Termination thereof, by notice require the
Contractor to take reasonable measures immediately for rectifying or removing such
hardship or danger, as the case may be.
(ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or
remove any hardship or danger within a reasonable period, the Authority may
exercise overriding powers under this Clause 14.9 (ii) and take over the
performance of any or all the obligations of the Contractor to the extent deemed
necessary by it for rectifying or removing such hardship or danger; provided that the
exercise of such overriding powers by the Authority shall be of no greater scope and
of no longer duration than is reasonably required hereunder; provided further that
any costs and expenses incurred by the Authority in discharge of its obligations
hereunder shall be recovered by the Authority from the Contractor, and the Authority
shall be entitled to deduct any such costs and expenses incurred from the payments
due to the Contractor under Clause 19.7 for the performance of its Maintenance
obligations.
(iii) In the event of a national emergency, civil commotion or any other circumstances
specified in Clause 21.3, the Authority may take over the performance of any or all
the obligations of the Contractor to the extent deemed necessary by it, and exercise
such control over the Project Highway or give such directions to the Contractor as
may be deemed necessary; provided that the exercise of such overriding powers by
the Authority shall be of no greater scope and of no longer duration than is
reasonably required in the circumstances which caused the exercise of such
overriding power by the Authority. For the avoidance of doubt, it is agreed that the
consequences of such action shall be dealt in accordance with the provisions of
Article 21. It is also agreed that the Contractor shall comply with such instructions as
the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and
shall provide assistance and cooperation to the Authority, on a best effort basis, for
performance of its obligations hereunder.
14.10 Taking over Certificate
The Maintenance Requirements set forth in Schedule-E having been duly carried out,
Maintenance Period as set forth in Clause 14.1 (i) having been expired and Authority’s
Engineer determining the Tests on Completion of Maintenance to be successful in
accordance with Schedule-Q, the Authority will issue Taking over Certificate to the
Contractor substantially in the format set forth in Schedule-R.
Article 15
Supervision and Monitoring during Maintenance
15.1 Inspection by the Contractor
(i) The Authority’s Engineer shall undertake regular inspections to evaluate

continuously the compliance with the Maintenance Requirements.
(ii) The Contractor shall carry out a detailed pre-monsoon inspection of all bridges,
culverts and drainage system in accordance with the guidelines contained in IRC:
SP35. Report of this inspection together with details of proposed maintenance works
as required shall be conveyed to the Authority’s Engineer forthwith. The Contractor
shall complete the proposed maintenance works before the onset of the monsoon
and send a compliance report to the Authority’s Engineer. Post monsoon inspection
shall be undertaken by the Contractor and the inspection report together with
details of any damages observed and proposed action to remedy the same shall be
conveyed to the Authority’s Engineer forthwith.
15.2 Inspection and payments
(i) The Authority’s Engineer may inspect the Project Highway at any time, but at least
once every month, to ensure compliance with the Maintenance Requirements. It shall
make a report of such inspection (“Maintenance Inspection Report”) stating in
reasonable detail the Defects or deficiencies, if any, with particular reference to the
Maintenance Requirements, the Maintenance Manual, and the Maintenance
Programme, and send a copy thereof to the Authority and the Contractor within 10
(ten) days of such inspection.
(ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance
Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer
shall carry out an inspection within 10 (ten) days to certify the amount payable to
the Contractor. The Authority’s Engineer shall inform the Contractor of its intention
to carry out the inspection at least 3 (three) business days in advance of such
inspection. The Contractor shall assist the Authority’s Engineer in verifying
compliance with the Maintenance Requirements.
(iii) For each case of non-compliance of Maintenance Requirements as specified in the

inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate
the amount of reduction in payment in accordance with the formula specified in
Schedule-M.
(iv) Any deduction made on account of non-compliance will not be paid subsequently
even after establishing the compliance thereof. Such deductions will continue to be
made every month until the compliance is procured.
15.3 Tests
For determining that the Project Highway conforms to the Maintenance Requirements, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests
specified by it in accordance with Good Industry Practice. The Contractor shall, with due
diligence, carry out or cause to be carried out all such Tests in accordance with the
instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the
Authority’ Engineer.
At any time during Maintenance Period, the Authority may appoint an external technical auditor
to conduct an audit of the quality of the Works. The Auditor in the presence of the
representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/
or collect samples for testing in the laboratory. The timing, the testing equipment and the
sample size of this audit shall be as decided by the Authority. The findings of the audit, to the
extent accepted by the Authority, shall be notified to the Contractor and the Authority’s
Engineer for taking remedial measures. After completion of the remedial measures by the
Contractor, the auditor shall undertake a closure audit and this process will continue till the
remedial measures have brought the maintenance works into compliance with the
Specifications and Standards. The Contractor shall provide all assistance as may be required
by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in
this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor
or the Authority’s Engineer under this Agreement.
15.4 Reports of unusual occurrence
The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the
Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and
unusual occurrences on the Project Highway relating to the safety and security of the Users and
Project Highway. A monthly summary of such reports shall also be sent within 3 (three)
business days of the closing of month. For the purposes of this Clause 15.4, accidents and
unusual occurrences on the Project Highway shall include:
(a) accident, death or severe injury to any person;

(b) damaged or dislodged fixed equipment;
(c) flooding of Project Highway; and
(d) any other unusual occurrence.
Article 16
Traffic Regulation
16.1 Traffic regulation by the Contractor
(i) The Contractor shall take all the required measures and make arrangements for the
safety of Users during the Construction and Maintenance of the Project Highway or a
Section thereof in accordance with the provisions of MORTH Specifications. It shall
provide, erect and maintain all such barricades, signs, markings, flags, and lights as
may be required by Good Industry Practice for the safety of the traffic passing
through the Section under construction or maintenance.
(ii) All works shall be carried out in a manner creating least interference to traffic passing
through the Project Highway or a Section thereof. In sections where construction or
maintenance Works on the carriageway are taken up, the Contractor shall ensure
that proper passage is provided for the traffic. Where it is not possible or safe to
allow traffic on part width of the carriageway, a temporary diversion of proper
specifications shall be constructed by the Contractor at its own cost. ‘ROBOTS’ may
be used for diversion and control of traffic during Construction. The Contractor shall
take prior approval of the Authority’s Engineer for any proposed arrangement for
traffic regulation during Construction and Maintenance, which approval shall not be
unreasonably withheld.
Article 17
Defects Liability
17.1 Defects Liability Period
(i) The Contractor shall be responsible for all the Defects and deficiencies, except usual
wear and tear in the Project Highway or any Section thereof, till the expiry of a period
of commencing from the date of Completion Certificate (the “Defects Liability
Period”) as specified below:
(a) 5 (five) years from the date of completion in case of a road being constructed
with flexible pavement;
(b) 10 (ten) years from the date of completion in case of road being constructed
with rigid pavement;
(c) 10 (ten) years from the date of completion in case of road being constructed
with flexible pavement using perpetual design;
(d) 10 (ten) years from the date of completion in case of all stand-alone
structures, e.g. Major Bridges/ and Tunnels;
(e) 10 (ten) years from the date of completion for the stretches where new
technology/ material has been/ is proposed to be used.
(f) 3 (three) years from the date of completion for stretches requiring renewal of
Bituminous Concrete (BC) layer through either using hot-in-place recycling of
the entire BC layer or providing a fresh layer of BC with 40mm thickness.
(g) 3 (three) years from the date of completion for stretches requiring
improvement to riding quality, in cases other than those mentioned in para (f)
above, through laying a layer of BM/DBM and BC.
The Defects Liability Period shall commence from the date of the Completion Certificate. For
the avoidance of any doubt, any repairs or restoration because of usual wear or tear in the
Project Highway or any Section thereof shall form a part of the Maintenance obligations of the
Contractor as specified in Article 14.
17.2 Remedying Defects
Save and except as provided in Clause 14.1 (iii), the Contractor shall repair or rectify all
Defects and deficiencies observed by the Authority or Authority’s Engineer during the Defects
Liability Period within a period of 15 (fifteen) days from the date of notice issued by the
Authority or Authority’s Engineer in this behalf, or within such reasonable period as may be
determined by the Authority or Authority’s Engineer at the request of the Contractor, in
accordance with Good Industry Practice.
17.3 Cost of remedying Defects
Any repair or rectification undertaken in accordance with the provisions of Clause 17.2,
including any additional testing, shall be carried out by the Contractor at its own risk and cost,
to the extent that such rectification or repair is attributable to:
(a) the design of the Project;

(b) Plant, Materials or workmanship not being in accordance with this Agreement
and the Specifications and Standards;
(c) improper maintenance during construction of the Project Highway by the
Contractor; and/ or
(d) failure by the Contractor to comply with any other obligation under this
Agreement.
17.4 Contractor’s failure to rectify Defects
If the Contractor fails to repair or rectify such Defect or deficiency within the period
specified in Clause 17.2, the Authority shall be entitled to get the same repaired,
rectified or remedied at the Contractor’s cost to make the Project Highway conform to
the Specifications and Standards and the provisions of this Agreement. All costs
consequent thereon shall, after due consultation with the Authority and the
Contractor, be determined by the Authority’s Engineer. The cost so determined and
an amount equal to 20% (twenty percent) of the cost as Damages shall be recoverable
by the Authority from the Contractor and may be deducted by the Authority from any
monies due to the Contractor.
17.5 Extension of Defects Liability Period
The Defects Liability Period shall be deemed to be extended till the identified Defects
under Clause 17.2 have been remedied or rectified.
Article 18
Authority’s Engineer
18.1 Appointment of the Authority’s Engineer
(i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring
Committee (PMC) substantially in accordance with the selection criteria set forth in
Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”).
In unavoidable circumstances, Authority may appoint an officer to act as Authority’s
Engineer until appointment of a Consulting Engineering firm/ Supervision
Consultant/ PMC.
(ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of
NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs;
and PD/ED/Director in the case of NHIDCL) is responsible for the overall
supervision and monitoring of the execution of project as the representative of the
owner of the project. The Authority's Engineer is appointed to assist the Authority
for carrying out the functions as detailed under clause 18.2. As such, an officer of the
Authority is vested with all such powers and responsibilities as are enjoined upon
the Authority's Engineer and is fully competent to issue any instructions for proper
monitoring and supervision of the project, either by himself or through the
Authority's Engineer. Instructions issued by the concerned officer of the Authority
shall have the same effect as that of the Authority's Engineer in terms of this
Agreement. Wherever such concerned officer issues any instructions or notice to the
Contractor, he shall endorse a copy thereof to the Authority's Engineer.
(iii) The Authority’s Engineer should be appointed within 10 days from the date of this
Agreement or before declaration of Appointed Date, whichever is earlier. The
Authority shall notify the appointment or replacement of the Authority’s Engineer to
the Contractor.
(iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and
other professionals who are competent to assist the Authority’s Engineer to carry
out its duties.
18.2 Duties and authority of the Authority’s Engineer
(i) The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement and substantially in accordance
with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-
I of Schedule N, but subject to obtaining prior written approval of the Authority
before determining:
(a) any Time Extension;

(b) any additional cost to be paid by the Authority to the Contractor;
(c) the Termination Payment;
(d) issuance of Completion Certificate; or

(e) any other matter which is not specified in (a), (b), (c) or (d) above and which
creates financial liability on either Party.
(ii) No decision or communication of the Authority’s Engineer shall be effective or valid

unless it is accompanied by an attested true copy of the approval of the Authority for
and in respect of any matter specified in Clause 18.2 (i).
(iii) The Authority’s Engineer shall submit regular periodic reports, at least once every
month, to the Authority in respect of its duties and functions under this Agreement.
Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of
the beginning of every month. For the avoidance of doubt, the Authority’s Engineer
shall include in its report, compliance of the recommendations of the Safety
Consultant.
18.3 Delegation by the Authority’s Engineer
(i) The Authority’s Engineer may, by order in writing, delegate any of his duties and
responsibilities to suitably qualified and experienced personnel who are accountable
to Authority’s Engineer, or may revoke any such delegation, under intimation to the
Authority and the Contractor. Provided, however, that the Authority’s Engineer shall
be responsible and liable for all actions and omissions of such personnel.
(ii) Any failure of the Authority’s Engineer to disapprove any work, Plant or Materials
shall not constitute approval, and shall, therefore, not prejudice the right of the
Authority to reject the work, Plant or Materials, which is not in accordance with the
provisions of this Agreement and the Specifications and Standards.
(iii) Notwithstanding anything stated in Clause 18.3 (i) above, the Authority’s Engineer
shall not delegate the authority to refer any matter for the Authority’s prior approval
wherever required in accordance with the provisions of Clause 18.2.
18.4 Instructions of the Authority’s Engineer
(i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the
Contractor. The Contractor shall take such instructions from the Authority’s
Engineer, or from an assistant to whom appropriate authority has been delegated
under Clause 18.3.
(ii) The instructions issued by the Authority’s Engineer shall be in writing. However, if
the Authority’s Engineer issues any oral instructions to the Contractor, it shall
confirm the oral instructions in writing within 2 (two) working days of issuing them.
(iii) In case the Contractor does not receive the confirmation of the oral instructions within
the time specified in Clause 18.4 (ii), the Contractor shall seek the written
confirmation of the oral instructions from the Authority’s Engineer. The Contractor
shall obtain acknowledgement from the Authority’s Engineer of the communication
seeking written confirmation. In case of failure of the Authority’s Engineer or its

delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the
communication from the Contractor, the Contractor may not carry out the
instructions.
(iv) In case of any dispute on any of the instructions issued by the delegated assistant, the
Contractor may refer the dispute to the Authority’s Engineer, who shall then confirm,
reverse or vary the instructions within 3 (three) business days of the dispute being
referred.
18.5 Determination by the Authority’s Engineer
(i) The Authority’s Engineer shall consult with each Party in an endeavour to reach
agreement wherever this Agreement provides for the determination of any matter by
the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer
shall make a fair determination in accordance with this Agreement having due
regard to all relevant circumstances. The Authority’s Engineer shall give notice to
both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the
Authority’s Engineer in accordance with the provisions of this Agreement. Provided,
however, that if any Party disputes any instruction, decision, direction or
determination of the Authority’s Engineer, the Dispute shall be resolved in
accordance with the Dispute Resolution Procedure.
18.6 Remuneration of the Authority’s Engineer
The remuneration, costs and expenses of the Authority’s Engineer shall be paid by the
Authority.
18.7 Termination of the Authority’s Engineer
(i) The Authority may, in its discretion, replace the Authority’s Engineer at any time.
However, the Authority shall ensure that alternative arrangements for appointment
of another Authority's Engineer or designation of its own officer as the Authority
Engineer for the intervening period are made simultaneously.
(ii) If the Contractor has reasons to believe that the Authority’s Engineer is not
discharging its duties and functions in accordance with the provisions of this
Agreement, it may make a written representation to the Authority and seek
termination of the appointment of the Authority’s Engineer. Upon receipt of such
representation, the Authority shall hold a tripartite meeting with the Contractor and
the Authority’s Engineer and make best efforts for an amicable resolution of the
representation. In the event that the appointment of the Authority’s Engineer is
terminated hereunder, the Authority shall appoint forthwith another Authority’s
Engineer in accordance with Clause 18.1 and 18.7 (i).
Part IV
Financial Covenants
Article 19
Payments
19.1 Contract Price
(i) The Authority shall make payments to the Contractor for the Works on the basis of
the lump sum price accepted by the Authority in consideration of the obligations
specified in this Agreement for an amount of INR … … … … (INR … … … … … … … …)
(the “Contract Price”), which shall be subject to adjustments in accordance with the
provisions of this Agreement. For the avoidance of doubt, the Parties expressly agree
that the Contract Price shall not include the cost of Maintenance, which shall be paid
separately in accordance with the provisions of Clause 19.7. The Parties further
agree that save and except as provided in this Agreement, the Contract Price shall be
valid and effective until issue of Completion Certificate.
(ii) The Contract Price includes all duties, taxes, royalty, cess, charges, and fees that may
be levied in accordance with the laws and regulations in force as on the Base Date on
the Contractor's equipment, Plant, Materials and supplies acquired for the purpose
of this Agreement and on the services performed under this Agreement. Nothing in
this Agreement shall relieve the Contractor from its responsibility to pay any tax
including any tax that may be levied in India on profits made by it in respect of this
Agreement.
(iii) The Contract Price shall not be adjusted for any change in costs stated in Clause 19.1
(ii) above, except as stated in Clauses 19.10 and 19.17.
(iv) The Contract Price shall not be adjusted to take account of any unforeseen difficulties
or costs, unless otherwise provided for in this Agreement.
(v) Unless otherwise stated in this Agreement, the Contract Price covers all the
Contractor’s obligations for the Works under this Agreement and all things
necessary for the Construction and the remedying of any Defects in the Project
Highway.
(vi) All payments under this Agreement shall be made in Indian Rupees.
19.2 Advance Payment
(i) The Authority shall make an interest-bearing advance payment (the “Advance
Payment”) @ “Bank Rate + 3%”, equal to 10 % (ten percent) of the Contract Price,
exclusively for mobilisation expenses. The Advance Payment for mobilisation
expenses shall be made in two instalments each equal to 5% (ﬁve percent) of the
Contract Price. The second 5% (five percent) mobilization advance would be
released after submission of utilization certificate by the Contractor for the first 5%
(five per cent) advance already released earlier.
(ii) In addition to above, the Authority shall make an additional interest-bearing Advance
Payment against newly purchased key Construction equipment required for the
works as per agreed Construction programme and brought to the site, if so

requested by the Contractor subject to the same terms and conditions specified for
Advance Payment for mobilisation expenses in this Agreement. The maximum of
such advance shall be 5% (five per cent) of the Contract Price against Bank
Guarantee. This advance shall be further subject to the condition that:
(a) such new equipment are considered by the Authority’s Engineer to be

necessary for the works and
(b) these new equipment should be procured in the name of Contractor and is
verified by Authority’s Engineer to have been brought to site.
The Advance Payment for mobilization expenses and for acquisition of key new Construction
equipment would be deemed as interest bearing advance at the applicable interest rate
(@"Bank rate + 3%”), to be compounded annually on a reducing balance basis. The interest
would be recovered along with the recovery of mobilization Advance Payment as per provision
laid down for the mobilization advance recovery.
(iii) The Contractor may apply to the Authority for the first instalment of the Advance
Payment at any time after the Appointed Date, along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred
and ten per cent) of such instalment, substantially in the form provided at Annex-III
of Schedule-G, to remain effective till the complete and full repayment thereof.
(iv) At any time, after 60 (sixty) days from the Appointed Date, the Contractor may apply
to the Authority for the second instalment of the Advance Payment along with an
irrevocable and unconditional guarantee from a Bank for an amount equivalent to
110% (one hundred and ten per cent) of such instalment, substantially in the form
provided at Annex-III of Schedule-G, to remain effective till the complete and full
repayment thereof.
The Contractor has the option of splitting the Bank Guarantee against Advance
Payment for mobilization expenses into parts, each not less than 2.75% (two point
seven five per cent) of the Contract Price. Each part of the guarantee shall remain
effective till full repayment of such part advance corresponding to this bank
guarantee. Such part of Bank Guarantee shall be returned to the Contractor on
recovery under the Agreement of the full amount of such part guarantee within 30
(thirty) days of the said recovery.
(v) The Advance Payment shall be paid by the Authority to the Contractor within 15
(fifteen) days of the receipt of its respective requests in accordance with the
provisions of this Clause 19.2.
(vi) The Advance Payment shall be repaid through percentage deductions from the stage
payments determined by the Authority’s Engineer in accordance with Clause 19.5, as
follows:
(a) deductions shall commence in the first Stage Payment Statement;
(b) deductions shall be made at the rate of 15% (fifteen percent) of each Stage
Payment Statement until such time as the advance payment has been repaid;
provided that the advance payment shall be completely repaid prior to the
time when 80% (eighty percent) of the Schedule Construction Period is over;
(c) if total certified stage payments (excluding the Advance Payment and
deductions and repayments of retention) does not exceed 20% (twenty
percent) of the Contract Price within [50% of the Scheduled Construction
Period] from the Appointed Date then the Advance Payment including interest
shall be recovered by encashment of the Bank Guarantee for the Advance
Payment.
(vii) If the Advance Payment has not been fully repaid prior to Termination under Clause
21.7 or Article 23, as the case may be, the whole of the balance then outstanding
shall immediately become due and payable by the Contractor to the Authority.
Without prejudice to the provisions of Clause 19.2 (vi), in the event of Termination
for Contractor Default, the Advance Payment shall be deemed to carry interest @
“Bank Rate+5%” per annum from the date of Advance Payment to the date of
recovery by encashment of the Bank Guarantee for the Advance Payment. For the
avoidance of doubt, the aforesaid interest shall be payable on the unrecovered
balance.
19.3 Procedure for estimating the payment for the Works
(i) The Authority shall make interim payments to the Contractor as certified by the
Authority’s Engineer on completion of a stage, in a length, number or area as specified
and valued in accordance with the proportion of the Contract Price assigned to each
item and its stage in Schedule-H.
(ii) The Contractor shall base its claim for interim payment for the stages completed till
the end of the month for which the payment is claimed, valued in accordance with
Clause 19.3 (i), supported with necessary particulars and documents in accordance
with this Agreement.
(iii) Any reduction in the Contract Price arising out of Change of Scope or the works
withdrawn under Clause 8.3 shall not affect the amounts payable for the items or
stage payments thereof which are not affected by such Change of Scope or
withdrawal. For avoidance of doubt and by way of illustration, the Parties agree
that if the amount assigned to Major Bridges is reduced from Rs. 100 crore to Rs. 80
crore owing to Change of Scope or withdrawal of work, the reduction in payment
shall be restricted to relevant payments for Major Bridges only and the payment due
in respect of all other stage payments under the item Major Bridges shall not be
affected in any manner. The Parties further agree that the adjustments arising out of
the aforesaid modifications shall be carried out in a manner that the impact of such
modifications is restricted to the said Change of Scope or withdrawal, as the case may
be, and does not alter the payments due for and in respect of items or stage payments
which do not form part of such Change of Scope or withdrawal.
19.4 Stage Payment Statement for Works
The Contractor shall submit a statement (the “Stage Payment Statement”), in 3 (three)
copies, by the 7th (seventh) day of the month to the Authority’s Engineer in the form set forth
in Schedule-O, showing the amount calculated in accordance with Clause 19.3 to which the
Contractor considers himself entitled for completed stage(s) of the Works. The Stage Payment
Statement shall be accompanied with the progress reports and any other supporting
documents. The Contractor shall not submit any claim for payment of incomplete stages of
work.
19.5 Stage Payment for Works
(i) Within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 19.4, the Authority’s Engineer shall broadly determine the
amount due to the Contractor and recommend the release of 90 (ninety) percent of
the amount so determined as part payment against the Stage Payment Statement,
pending issue of the Interim Payment Certificate by the Authority’s Engineer. Within
10 (ten) days of the receipt of recommendation of the Authority’s Engineer, the
Authority shall make electronic payment directly to the Contractor’s bank account.
(ii) Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in
Clause 19.4, the Authority’s Engineer shall determine and shall deliver to the
Authority and the Contractor an IPC certifying the amount due and payable to the
Contractor, after adjusting the payments already released to the Contractor against
the said statement. For the avoidance of doubt, the Parties agree that the IPC shall
specify all the amounts that have been deducted from the Stage Payment Statement
and the reasons therefor.
(iii) In cases where there is a difference of opinion as to the value of any stage, the
Authority’s Engineer’s view shall prevail and interim payments shall be made to the
Contractor on this basis; provided that the foregoing shall be without prejudice to
the Contractor’s right to raise a Dispute.
(iv) The Authority’s Engineer may, for reasons to be recorded, withhold from payment:
(a) the estimated value of work or obligation that the Contractor has failed to
perform in accordance with this Agreement and the Authority’s Engineer had
notified the Contractor; and
(b) the estimated cost of rectification of work done being not in accordance with
this Agreement.
(v) Payment by the Authority shall not be deemed to indicate the Authority's acceptance,
approval, consent or satisfaction with the work done.
19.6 Monthly Maintenance Statement of the Project Highway
(i) The Contractor shall submit to the Authority’s Engineer a monthly maintenance
statement (“Monthly Maintenance Statement”) in 3 (three) copies by the 7th
(seventh) day of each month in the format set forth in Schedule-O for the
Maintenance of the Project Highway during the previous month.
(ii) The monthly lump sum amount payable for Maintenance shall be 1/12 th (one-
twelfth) of the annual cost of Maintenance as specified in Clause 14.1 (i).
19.7 Payment for Maintenance of the Project Highway
(i) Within 15 (fifteen) days of receipt of the Monthly Maintenance Statement from the
Contractor pursuant to Clause 19.6, the Authority’s Engineer shall verify the
Contractor’s monthly maintenance statement and certify the amount to be paid to the
Contractor taking into account:
(a) Compliance with the Maintenance Requirements; and

(b) reduction for non-compliance with the Maintenance Requirement in
accordance with Clause 19.7 (ii).
The Authority’s Engineer shall deliver to the Authority an IPC approving or
amending the monthly maintenance statement to reflect the amount due to the
Contractor in accordance with this Agreement.
(ii) Maintenance shall be measured in units of one kilometre each; provided, however,
that payment thereof shall be made in fixed monthly amounts in accordance with
this Agreement. If the Maintenance Requirements set forth in Schedule-E are not
met, reduction in payments shall be made in accordance with the provisions of
Schedule-M. The reductions for non-compliance with the Maintenance Requirements
shall be applied on the basis of monthly inspections by the Authority’s Engineer.
(iii) The deduction made on account of non-compliance with the Maintenance

Requirements shall not be subsequently considered for payment after the
compliance is achieved by repair or rectification.
(iv) The Authority shall pay to the Contractor every quarter any amount due under any
IPC under this Clause 19.7. The payment shall be made no later than 30 (thirty) days
from the date of submission of the last IPC for the relevant quarter.
19.8 Payment of Damages
(i) The Contractor may claim Damages due and payable to it in accordance with the
provisions of this Agreement.
(ii) The Authority’s Engineer shall issue the IPC within 15 (fifteen) days of the receipt of
the claim under Clause 19.8 (i), after making adjustments in accordance with the
provisions of this Agreement. The Authority shall pay to the Contractor the amount
due under any IPC within a period of 30 (thirty) days from the date of the
submission of the claim under this Clause 19.8. In the event of the failure of the
Authority to make payment to the Contractor within the specified time, the Authority
shall be liable to pay to the Contractor interest thereon and the provisions of Clause
19.9 shall apply mutatis mutandis thereto.
19.9 Time of payment and interest
(i) The Authority shall pay to the Contractor any amount due under any payment
certificate issued by the Authority’s Engineer in accordance with the provisions of
this Article 19, or in accordance with any other clause of this Agreement as follows:
(a) payment shall be made no later than 30 (thirty) days from the date of
submission of the Stage Payment Statement by the Contractor to the
Authority’s Engineer for certification in accordance with the provisions of
Clause 19.4 for an IPC; provided that, in the event the IPC is not issued by the
Authority’s Engineer within the aforesaid period of 30 (thirty) days, the
Authority shall pay the amount shown in the Contractor’s Stage Payment
Statement and any discrepancy therein shall be added to, or deducted from, the
next payment certificate issued to the Contractor; and
(b) payment shall be made no later than 30 (thirty) days from the date of
submission of the Final Payment Certificate for Works along with the
discharge submitted to the Authority’s Engineer in accordance with the
provisions of Clause 19.15 for certification.
(ii) In the event of the failure of the Authority to make payment to the Contractor within
the time period stated in this Clause 19.9, the Authority shall be liable to pay to the
Contractor interest @ Bank Rate + 3% per annum, on all sums remaining unpaid from
the date on which the same should have been paid, calculated in accordance with the
provisions of sub-Clauses (a) and (b) of Clause 19.9 (i) and till the date of actual
payment.
19.10 Price adjustment for the Works
(i) The amounts payable to the Contractor for Works shall be adjusted in accordance
with the provisions of this Clause 19.10
(ii) Subject to the provisions of Clause 19.10 (iii), the amounts payable to the Contractor
for Works, shall be adjusted in the IPC issued by the Authority’s Engineer for the
increase or decrease in the index cost of inputs for the Works, by the addition or
subtraction of the amounts determined by the formulae prescribed in Clause 19.10
(iv).
(iii) To the extent that full compensation for any increase or decrease in costs to the
Contractor is not covered by the provisions of this or other Clauses in this Agreement,
the costs and prices payable under this Agreement shall be deemed to include the
amounts required to cover the contingency of such other increase or decrease of
costs and prices.
(iv) The Contract Price shall be adjusted for increase or decrease in rates and price of
labour, cement, steel, Plant, machinery and spares, bitumen, fuel and lubricants, and
other material inputs in accordance with the principles, procedures and formulae
specified below:
(a) Price adjustment shall be applied on completion of the specified stage of the
respective item of work in accordance with Schedule-H;
(b) Adjustment for each item of work/stage shall be made separately;
(c) The following expressions and meanings are assigned to the value of the work
done:
RW= Value of work done for the completion of a stage under the following items of
Schedule-H:
i. Road works; and
ii. Other works

BR = Value of work done for the completion of a stage under the items Major Bridges and
Structures (Schedule-H)
(d) Price adjustment for changes in cost shall be paid in accordance with the
following formulae:
(i) VRW=0.85RWx[PLx(LI-LO)/LO+PAx(AI-AO)/AO+PFx(FI-FO)/FO+PBx(BI-
BO)/BO +PMx (MI-MO)/MO +PC x(CI- CO)/CO+PS x(SI- SO)/SO]
(ii) VBR=0.85BRx[PLx(LI-LO)/LO+PAx(AI-AO)/AO+PFx(FI-FO)/FO+PMx(MI-
MO)/MO +PC x(CI-CO)/CO +PS x(SI- SO)/SO ]
Where,
VRW = Increase or decrease in the cost of road works/other works during the period
under consideration due to changes in the rates for relevant components as
stated in sub-paragraph (e).
VBR = Increase or decrease in the cost of Major Bridges and Structures during the
period under consideration due to changes in the rates for relevant
components as stated in sub-paragraph (e).
PB, PC, PL, PM, and PS are the percentages of bitumen, cement, labour, other
materials, and steel/components (including strands and cables) respectively for the
relevant item as stated in sub-paragraph (e).
PA is the percentage of Plant, machinery and spares component for the relevant item
as stated in sub-paragraph (e).
PF is the percentage of fuel and lubricants for the relevant items as stated in sub-
paragraph (e).
AO = The wholesale price index as published by the Ministry of Commerce &

Industry, Government of India (hereinafter called “WPI”) for “Manufacture of
machinery for mining, quarrying and construction” for the month of the Base
Date.
AI = The WPI for construction machinery for the month three months prior to the
month to which the IPC relates.
BO = The official retail price of bitumen at the nearest refinery at Baruni, Bihar on
the Base Date.
BI = The official retail price of bitumen at nearest refinery at Baruni, Bihar on the
first day of the month three months prior to the month to which the IPC
relates.
CO = The WPI for Ordinary Portland Cement for the month of the Base Date.
CI = The WPI for Ordinary Portland Cement for the month three months prior to
the month to which the IPC relates.
FO = The official retail price of high speed diesel (HSD) oil at the existing consumer
pumps of Indian Oil Corporation (“IOC”) in the State of Bihar on the Base Date.
FI = The official retail price of HSD at the existing consumer pumps of IOC in the
State of Bihar on the first day of the month three months prior to the month to
which the IPC relates.
LO = The consumer price index for industrial workers for the Patna circle in the
State of Bihar, published by Labour Bureau, Ministry of Labour, Government
of India, (hereinafter called “CPI”) for the month of the Base Date.
LI = The CPI for the month three months prior to the month to which the IPC
relates.
MO = The WPI for all commodities for the month of the Base Date.
MI = The WPI for all commodities for the month three months prior to the month
to which the IPC relates.
SO = The WPI for Mild Steel –Long Products for the month of the Base Date.
SI = The WPI for Mild Steel –Long Products for the month three months prior to
the month to which the IPC relates.
(e) The following percentages shall govern the price adjustment of the Contract
Price:
Item
Road Works
Earthwork, Culverts, Major
Component Cement
Granular work, Bitumin minor bridges Bridges and
Concrete
and Other ous work and other Structures
Pavement
works structures
Labour (PL) [20%] [20%] [20%] [15%] [15%]
Cement (PC) [5%] Nil [20%] [15%] [15%]
Steel (PS) Nil Nil Nil [15%] [20%]
Bitumen (PB) Nil [15%] Nil Nil Nil
Fuel and [10%] [10%] [10%] [10%] [10%]
lubricants
(PF)
Other [50%] [40%] [35%] [30%] [25%]
Materials
(PM)
Plant, [15%] [15%] [15%] [15%] [15%]
machinery
and spares.
(PA)
Total 100% 100% 100% 100% 100%
19.11 Restrictions on price adjustment
Price adjustment shall be due and payable only in respect of the stages of Works for which the
Stage Payment Statement has been submitted by the Contractor no later than 30 (thirty) days
from the date of the applicable Project Milestone or the Scheduled Completion Date, as the case
may be, including any Time Extension granted therefor in accordance with the provisions of
this Agreement. For the avoidance of doubt, in the event of submission of any Stage Payment
Statement after the period specified herein, price adjustment shall be applicable until the date
of the respective Project Milestone or the Scheduled Completion Date, as the case may be.
19.12 Price adjustment for Maintenance of Project Highway
Lump sum payment for Maintenance shall be adjusted every quarter for changes in rates and
prices of various inputs in accordance with the formula given below:
Where
V= Increase or decrease in the quarterly lump sum payment

P= Quarterly lump sum payment due to the Contractor after adjusting any reduction in
payment for non-compliance of the Maintenance Requirements
W 0= The wholesale price index (all commodities) for the month of the Base Date.
WI= The wholesale price index (all commodities) for the first day of the quarter under
consideration for determining the price adjustment.
19.13 Final Payment Statement
(i) Within 60 (sixty) days after receiving the Completion Certificate under Clause 12.2, the
Contractor shall submit to the Authority’s Engineer for consideration 6 (six) copies
of a Final Payment Statement (the “Final Payment Statement”) for Works, with
supporting documents showing in detail, in the form prescribed by the Authority’s
Engineer:
(a) the summary of Contractor’s Stage Payment claims for Works as submitted in
accordance with Clause 19.4;
(b) the amounts received from the Authority against each claim; and
(c) any further sums which the Contractor considers due to it from the Authority.
If the Authority’s Engineer disagrees with or cannot verify any part of the Final Payment
Statement, the Contractor shall submit such further information as the Authority’s Engineer
may reasonably require. The Authority’s Engineer shall deliver to the Authority:
i. an IPC for those parts of the Final Payment Statement which are not in
dispute, along with a list of disputed items which shall then be settled in
accordance with the provisions of Article 26; or
ii. a Final Payment Certificate in accordance with Clause 19.15 if there are no
disputed items.
(ii) If the Authority’s Engineer does not prescribe the form referred to in Clause 19.13 (i)
within 15 (fifteen) of the date of issue of the Completion Certificate, the Contractor
shall submit the statement in such form as it deems fit.
19.14 Discharge
Upon submission of the Final Payment Statement for Works under Clause 19.13, the
Contractor shall give to the Authority, with a copy to the Authority’s Engineer, a written
discharge confirming that the total of the Final Payment Statement represents full and final
settlement of all monies due to the Contractor in respect of this Agreement for all the Works
arising out of this Agreement, except for any monies due to either Party on account of any
Defect. Provided that such discharge shall become effective only after the payment due has
been made in accordance with the Final Payment Certificate issued pursuant to Clause 19.15.
19.15 Final Payment Certificate
(i) Within 30 (thirty) days after receipt of the Final Payment Statement for Works under
Clause 19.13, and the written discharge under Clause 19.14, and there being no
disputed items of claim, the Authority’s Engineer shall deliver to the Authority, with a
copy to the Contractor, a final payment certificate (the “Final Payment Certificate”)
stating the amount which, in the opinion of the Authority’s Engineer, is finally due
under this Agreement or otherwise. For the avoidance of doubt, before issuing the
Final Payment Certificate, the Authority’s Engineer shall ascertain from the Authority
all amounts previously paid by the Authority and for all sums to which the Authority
is entitled, the balance, if any, due from the Authority to the Contractor or from the
Contractor to the Authority, as the case may be.
(ii) The Authority shall, in accordance with the provisions of Clause 19.9, pay to the
Contractor the amount which is stated as being finally due in the Final Payment
Certificate.
19.16 Final payment statement for Maintenance
(i) Within 30 (thirty) days after completion of the Maintenance Period, the Contractor
shall submit to the Authority’s Engineer 6 (six) copies of the final payment statement
for Maintenance of the Project Highway, with supporting documents showing the
details set forth below in the form prescribed by the Authority’s Engineer:
(a) the total amount claimed in accordance with clause 19.7 (i) and
(b) any sums which the Contractor considers to be due to it, with supporting
documents.
(ii) The Authority’s Engineer shall certify final payment within 30 (thirty) days of the
receipt of the final payment statement of Maintenance under Clause 19.16 (i),
segregating the items of amount payable from the items of amount disallowed. The
Authority shall make payment on the basis of the final payment authorised by the
Authority’s Engineer within a period of 30 (thirty) days of the receipt of the Final
Payment Statement from the Authority’s Engineer.
(iii) If the Authority’s Engineer does not prescribe the form within 15 (fifteen) days of the
date of issue of the Completion Certificate, the Contractor shall submit the statement
in such form as it deems fit.
19.17 Change in law
(i) If as a result of Change in Law, the Contractor suffers any additional costs in the
execution of the Works or in relation to the performance of its other obligations
under this Agreement, the Contractor shall, within 15 (fifteen) days from the date it
becomes reasonably aware of such addition in cost, notify the Authority with a copy
to the Authority’s Engineer of such additional cost due to Change in Law.
(ii) If as a result of Change in Law, the Contractor benefits from any reduction in costs for
the execution of this Agreement or in accordance with the provisions of this
Agreement, either Party shall, within 15 (fifteen) days from the date it becomes
reasonably aware of such reduction in cost, notify the other Party with a copy to the
Authority’s Engineer of such reduction in cost due to Change in Law.
(iii) The Authority’s Engineer shall, within 15 (fifteen) days from the date of receipt of the
notice from the Contractor or the Authority, determine any addition or reduction to
the Contract Price, as the case may be, due to the Change in Law.
19.18 Correction of Interim Payment Certificates
The Authority’s Engineer may by an Interim Payment Certificate make any correction or
modification in any previous Interim Payment Certificate issued by the Authority’s Engineer.
19.19 Authority’s claims
If the Authority considers itself to be entitled to any payment from the Contractor under any
Clause of this Agreement, it shall give notice and particulars to the Contractor 20 (twenty) days
before making the recovery from any amount due to the Contractor, and shall take into
consideration the representation, if any, made by the Contractor in this behalf, before making
such recovery.
19.20 Bonus for early completion
In the event that the Project Completion Date occurs prior to the Scheduled Completion Date,
the Contractor shall be entitled to receive a payment of bonus equivalent to 0.03% (zero point
zero three per cent) of the Contract Price for each day by which the Project Completion Date
precedes the Scheduled Completion Date, but subject to a maximum of 5% (five per cent) of
the Contract Price. Provided, however, that the payment of bonus, if any, shall be made only
after the issue of the Completion Certificate. For the avoidance of the doubt, the Parties agree
that for the purpose of determining the bonus payable hereunder, the works shall always be
deemed to be as specified in this Contract Agreement but excluding the works deemed to be
deleted from the scope of work under clause 8.3 of this Contract Agreement and the Contract
Price shall always be deemed to be the amount specified in Clause 19.1 (i) after excluding the
Contract Price of the Works deemed to be deleted from the Scope of Work under clause 8.3 of
this Contract Agreement, and shall exclude any revision thereof for any reason. The Parties
also agree that bonus shall be payable only if each work for which Time Extension has been
granted is completed within respective Extended Time.
Article 20
Insurance
20.1 Insurance for Works and Maintenance
(i) The Contractor shall effect and maintain at its own cost the insurances specified in
Schedule-P and as per the requirements under the Applicable Laws.
(ii) Subject to the provisions of Clause 21.6, the Authority and the Contractor shall, in
accordance with its obligations as provided for in this Agreement, be liable to bear
the cost of any loss or damage that does not fall within the scope of this Article 20 or
cannot be recovered from the insurers.
(iii) Subject to the exceptions specified in Clause 20.1 (iv) below, the Contractor shall, save
and except as provided for in this Agreement, fully indemnify, hold harmless and
defend the Authority from and against any and all losses, damages, costs, charges
and/or claims with respect to:
(a) the death of or injury to any person; or

(b) the loss of or damage to any property (other than the Works);
that may arise out of or in consequence of any breach by the Contractor of this Agreement
during the execution of the Works or the remedying of any Defects therein.
(iv) Notwithstanding anything stated above in Clause 20.1 (iii), the Authority shall fully
indemnify the Contractor from and against any and all losses, damages, costs,
charges, proceedings and/or claims arising out of or with respect to:
(a) the use or occupation of land or any part thereof by the Authority;
(b) the right of the Authority to execute the Works, or any part thereof, on, over,
under, in or through any land;
(c) the damage to property which is the unavoidable result of the execution and
completion of the Works, or the remedying of any Defects therein, in
accordance with this Agreement; and
(d) the death of or injury to persons or loss of or damage to property resulting
from any act or neglect of the Authority, its agents, servants or other
contractors, not being employed by the Contractor.
Provided that, in the event of any injury or damage as a result of the contributory
negligence of the Contractor, the Authority shall be liable to indemnify the Contractor from
and against any and all losses, damages, costs, charges, proceedings and/or claims to the
extent as may be proportionately determined to be the liability of the Authority, its
servants or agents or other contractors not associated with the Contractor in such injury or
damage.
(v) Without prejudice to the obligations of the Parties as specified under Clauses 20.1 (iii)
and 20.1 (iv), the Contractor shall maintain or effect such third party insurances as
may be required under the Applicable Laws.
(vi) The Contractor shall provide to the Authority, within 30 days of the Appointed Date,
evidence of professional liability insurance maintained by its Design Director and/or
consultants to cover the risk of professional negligence in the design of Works. The
professional liability coverage shall be for a sum of not less than [3% (three per
cent)] of the Contract Price and shall be maintained until the end of the Defects
Liability Period.
20.2 Notice to the Authority
No later than 15 (fifteen) days after the date of this Agreement, the Contractor shall by notice
furnish to the Authority, in reasonable detail, information in respect of the insurances that it
proposes to effect and maintain in accordance with this Article 20. Within 15 (fifteen) days of
receipt of such notice, the Authority may require the Contractor to effect and maintain such
other insurances as may be necessary pursuant hereto, and in the event of any difference or
disagreement relating to any such insurance, the Dispute Resolution Procedure shall apply.
20.3 Evidence of Insurance Cover
(i) All insurances obtained by the Contractor in accordance with this Article 20 shall be
maintained with insurers on terms consistent with Good Industry Practice. Within
10 (ten) days from the Appointed Date, the Contractor shall furnish to the Authority
notarised true copies of the certificate(s) of insurance, copies of insurance policies
and premia payment receipts in respect of such insurance, and no such insurance
shall be cancelled, modified, or allowed to expire or lapse until the expiration of at
least 45 (forty-five) days after notice of such proposed cancellation, modification or
non-renewal has been delivered by the Contractor to the Authority. The Contractor
shall act in accordance with the directions of the Authority. Provided that the
Contractor shall produce to the Authority the insurance policies in force and the
receipts for payment of the current premia.
(ii) The Contractor shall ensure the adequacy of the insurances at all times in accordance
with the provisions of this Agreement.
20.4 Remedy for failure to insure
If the Contractor shall fail to effect and keep in force all insurances for which it is responsible
pursuant hereto, the Authority shall have the option to either keep in force any such
insurances, and pay such premia and recover the costs thereof from the Contractor, or in the
event of computation of a Termination Payment, treat an amount equal to the Insurance Cover
as deemed to have been received by the Contractor.
20.5 Waiver of subrogation
All insurance policies in respect of the insurance obtained by the Contractor pursuant to this
Article 20 shall include a waiver of any and all rights of subrogation or recovery of the insurers
thereunder against, inter alia, the Authority, and its assigns, successors, undertakings and
their subsidiaries, Affiliates, employees, insurers and underwriters, and of any right of the
insurers to any set-off or counterclaim or any other deduction, whether by attachment or
otherwise, in respect of any liability of any such person insured under any such policy or in
any way connected with any loss, liability or obligation covered by such policies of insurance.
20.6 Contractor’s waiver
The Contractor hereby further releases, assigns and waives any and all rights of subrogation
or recovery against, inter alia, the Authority and its assigns, undertakings and their
subsidiaries, Affiliates, employees, successors, insurers and underwriters, which the
Contractor may otherwise have or acquire in or from or in any way connected with any loss,
liability or obligation covered by policies of insurance maintained or required to be
maintained by the Contractor pursuant to this Agreement (other than third party liability
insurance policies) or because of deductible clauses in or inadequacy of limits of any such
policies of insurance.
20.7 Cross liabilities
Any such insurance maintained or effected in pursuance of this Article 20 shall include
a cross liability clause such that the insurance shall apply to the Contractor and to the
Authority as separately insured.
20.8 Accident or injury to workmen
Notwithstanding anything stated in this Agreement, it is hereby expressly agreed between the
Parties that the Authority shall not be liable for or in respect of any damages or compensation
payable to any workman or other person in the employment of the Contractor or Sub-
contractor, save and except as for death or injury resulting from any act, omission or wilful
default of the Authority, its agents or servants. The Contractor shall indemnify and keep
indemnified the Authority from and against all such claims, proceedings, damages, costs,
charges, and expenses whatsoever in respect of the above save and except for those acts,
omissions or wilful defaults for which the Authority shall be liable.
20.9 Insurance against accident to workmen
The Contractor shall effect and maintain during the Agreement such insurances as may be
required to insure the Contractor’s personnel and any other persons employed by it on the
Project Highway from and against any liability incurred in pursuance of this Article 20.
Provided that for the purposes of this Clause 20.9, the Contractor’s personnel/any person
employed by the Contractor shall include the Sub-contractor and its personnel. It is further
provided that, in respect of any persons employed by any Sub-contractor, the Contractor's
obligations to insure as aforesaid under this Clause 20.9 shall be discharged if the Sub-
contractor shall have insured against any liability in respect of such persons in such manner
that the Authority is indemnified under the policy. The Contractor shall require such Sub-
contractor to produce before the Authority, when required, such policy of insurance and the
receipt for payment of the current premium within 10 (ten) days of such demand being made
by the Authority.
20.10 Application of insurance proceeds
The proceeds from all insurance claims, except for life and injury, shall be applied for
any necessary repair, reconstruction, reinstatement, replacement, improvement,
delivery or installation of the Project Highway and the provisions of this Agreement in
respect of construction of works shall apply mutatis mutandis to the works

undertaken out of the proceeds of insurance.
20.11 Compliance with policy conditions
Each Party hereby expressly agrees to fully indemnify the other Party from and
against all losses and claims arising from its failure to comply with conditions
imposed by the insurance policies effected in accordance with this Agreement.
20.12 General Requirements of Insurance Policies
The Contractor must:
(a) immediately deposit copies of the policies or certificates of any insurance which it
is required to effect under the Contract, together with receipts for the premiums;
(b) effect all insurances for which the Contractor is responsible with an insurer
approved by the Authority;
(c) make no material changes to the terms of any insurance without the Authority’s
approval;
(d) in all respects comply with any conditions stipulated in the insurance policies
which the Contractor is required to effect under the Agreement or which the
Authority has effected in relation to the Facility and notified to the Contractor;
and shall provide all assistance to the Authority in the application for, and
finalization of, such comprehensive insurance package;
(e) regardless of the extent of settlement of claims by the underwriters or the time
taken for settlement of claims, the Contractor shall make good any loss, or
damage at its own cost promptly;
(f) provide all assistance to the Authority in the application for, and finalization of,
such comprehensive insurance package;
(g) pay the Contractor's share of the insurance premiums for insurance premiums
allocated under such comprehensive insurance package policy to the insurances
directly to the insurance provider promptly on demand. In case the Contractor
fails to make such payment in time, the Authority may elect to pay the
Contractor's share and adjust it against amounts payable to the Contractor under
this Agreement;
(h) in the case of occurrence of any event leading to an insurance claim, promptly
follow the procedures specified by the insurance provider, and provide full
cooperation and access to the insurance provider or its representative, to settle
the claim expeditiously;
(i) require all the Sub-Contractors providing equipment and materials or services to
the Contractor or the Authority to obtain, maintain and keep in force during the
time in which they are involved in the performance of the Works hereunder
insurance coverage consistent with the Contractor's insurance obligations
hereunder and the Contractor shall also be responsible for fulfillment of this
requirement; and
(j) the required insurance coverage and the Contractor's obligations-referred to shall
in no way affect or limit the Contractor's liability with respect to its performance
of the Works. Nothing in this Section shall limit or relieve the Contractor of its
liabilities and obligations under this Agreement.
Part V
Force Majeure and Termination

Article 21
Force Majeure
21.1 Force Majeure
As used in this Agreement, the expression “Force Majeure” or “Force Majeure Event” shall
mean occurrence in India of any or all of Non-Political Event, Indirect Political Event and
Political Event, as defined in Clauses 21.2, 21.3 and 21.4 respectively, if it affects the
performance by the Party claiming the benefit of Force Majeure (the “Affected Party”) of its
obligations under this Agreement and which act or event (i) is beyond the reasonable control
of the Affected Party, and (ii) the Affected Party could not have prevented or overcome by
exercise of due diligence and following Good Industry Practice, and (iii) has Material Adverse
Effect on the Affected Party.
21.2 Non-Political Event
A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning,

earthquake, landslide, cyclone, flood, volcanic eruption, chemical or
radioactive contamination or ionising radiation, fire or explosion (to the
extent of contamination or radiation or fire or explosion originating from a
source external to the Site);
(b) strikes or boycotts (other than those involving the Contractor, Sub-
contractors or their respective employees/ representatives, or attributable to
any act or omission of any of them) interrupting supplies and services to the
Project Highway for a continuous period of 24 (twenty-four) hours and an
aggregate period exceeding 10 (ten) days in an Accounting Year, and not
being an Indirect Political Event set forth in Clause 21.3;
(c) any failure or delay of a Sub-contractor but only to the extent caused by
another Non-Political Event;
(d) any judgement or order of any court of competent jurisdiction or statutory
authority made against the Contractor in any proceedings for reasons other
than (i) failure of the Contractor to comply with any Applicable Law or
Applicable Permit, or (ii) on account of breach of any Applicable Law or
Applicable Permit or of any contract, or (iii) enforcement of this Agreement,
or (iv) exercise of any of its rights under this Agreement by the Authority;
(e) the discovery of geological conditions, toxic contamination or archaeological
remains on the Site that could not reasonably have been expected to be
discovered through a site inspection; or
(f) any event or circumstances of a nature analogous to any of the foregoing.
21.3 Indirect Political Event
An Indirect Political Event shall mean one or more of the following acts or events:
(a) an act of war (whether declared or undeclared), invasion, armed conflict or

act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or
military action, civil commotion or politically motivated sabotage;
(b) industry-wide or State-wide strikes or industrial action for a continuous period
of 24 (twenty-four) hours and exceeding an aggregate period of 10 (ten) days
in an Accounting Year;
(c) any civil commotion, boycott or political agitation which prevents
construction of the Project Highway by the Contractor for an aggregate period
exceeding 10 (ten) days in an Accounting Year;
(d) any failure or delay of a Sub-contractor to the extent caused by any Indirect
Political Event;
(e) any Indirect Political Event that causes a Non-Political Event; or
(f) any event or circumstances of a nature analogous to any of the foregoing.
21.4 Political Event
A Political Event shall mean one or more of the following acts or events by or on account of
any Government Instrumentality:
(a) Change in Law, only if consequences thereof cannot be dealt with under and in
accordance with the provisions of Clause 19.17;
(b) compulsory acquisition in national interest or expropriation of any Project
Assets or rights of the Contractor or of the Sub-Contractors;
(c) unlawful or unauthorised or without jurisdiction revocation of, or refusal to
renew or grant without valid cause, any clearance, licence, permit,
authorisation, no objection certificate, consent, approval or exemption
required by the Contractor or any of the Sub-contractors to perform their
respective obligations under this Agreement; provided that such delay,
modification, denial, refusal or revocation did not result from the Contractor’s
or any Sub-contractor’s inability or failure to comply with any condition
relating to grant, maintenance or renewal of such clearance, licence,
authorisation, no objection certificate, exemption, consent, approval or
permit;
(d) any failure or delay of a Sub-contractor but only to the extent caused by
another Political Event; or
(e) any event or circumstances of a nature analogous to any of the foregoing.
21.5 Duty to report Force Majeure Event
(i) Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report
such occurrence to the other Party forthwith. Any notice pursuant hereto shall include
full particulars of:
(a) the nature and extent of each Force Majeure Event which is the subject of any
claim for relief under this Article 21 with evidence in support thereof;
(b) the estimated duration and the effect or probable effect which such Force
Majeure Event is having or will have on the Affected Party’s performance of its
(c) the measures which the Affected Party is taking or proposes to take for
alleviating the impact of such Force Majeure Event; and
(d) any other information relevant to the Affected Party’s claim.
(ii) The Affected Party shall not be entitled to any relief for or in respect of a Force
Majeure Event unless it shall have notified the other Party of the occurrence of the
Force Majeure Event as soon as reasonably practicable, and in any event no later
than 10 (ten) days after the Affected Party knew, or ought reasonably to have known,
of its occurrence, and shall have given particulars of the probable material effect that
the Force Majeure Event is likely to have on the performance of its obligations under
this Agreement.
(iii) For so long as the Affected Party continues to claim to be materially affected by such
Force Majeure Event, it shall provide the other Party with regular (and not less than
weekly) reports containing information as required by Clause 21.5 (i), and such
other information as the other Party may reasonably request the Affected Party to
provide.
21.6 Effect of Force Majeure Event on the Agreement
(i) Upon the occurrence of any Force Majeure after the Appointed Date, the costs incurred
and attributable to such event and directly relating to this Agreement (the “Force
Majeure costs”) shall be allocated and paid as follows:
(a) upon occurrence of a Non-Political Event, the Parties shall bear their
respective Force Majeure costs and neither Party shall be required to pay to
the other Party any costs thereof;
(b) upon occurrence of an Indirect Political Event, all Force Majeure costs
attributable to such Indirect Political Event, and not exceeding the Insurance
Cover for such Indirect Political Event, shall be borne by the Contractor, and to
the extent Force Majeure costs exceed such Insurance Cover, one half of such
excess amount shall be reimbursed by the Authority to the Contractor for the
Force Majeure events; and
(c) upon occurrence of a Political Event, all Force Majeure costs attributable to
such Political Event shall be reimbursed by the Authority to the Contractor.
(d) For the avoidance of doubt, Force Majeure costs may include costs directly
attributable to the Force Majeure Event, but shall not include debt repayment
obligations, if any, of the Contractor.
(ii) Save and except as expressly provided in this Article 21, neither Party shall be liable
in any manner whatsoever to the other Party in respect of any loss, damage, cost,
expense, claims, demands and proceedings relating to or arising out of occurrence or
existence of any Force Majeure Event or exercise of any right pursuant hereto.
(iii) Upon the occurrence of any Force Majeure Event during the Construction Period, the
Project Completion Schedule for and in respect of the affected Works shall be
extended on a day for day basis for such period as performance of the Contractor’s
obligations is affected on account of the Force Majeure Event or its subsisting effects.
21.7 Termination Notice for Force Majeure Event
(i) If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a
continuous period of 120 (one hundred and twenty) days, either Party may in its
discretion terminate this Agreement by issuing a Termination Notice to the other
Party without being liable in any manner whatsoever, save as provided in this Article
21, and upon issue of such Termination Notice, this Agreement shall,
notwithstanding anything to the contrary contained herein, stand terminated
forthwith; provided that before issuing such Termination Notice, the Party intending
to issue the Termination Notice shall inform the other Party of such intention and
grant 15 (fifteen) days’ time to make a representation, and may after the expiry of
such 15 (fifteen) days period, whether or not it is in receipt of such representation, in
its sole discretion issue the Termination Notice.
21.8 Termination Payment for Force Majeure Event
(i) In the event of this Agreement being terminated on account of a Non-Political Event,
the Termination Payment shall be an amount equal to the sum payable under Clause
23.5.
Provided that in the event Termination occurs during the Maintenance Period, the Authority’s
Engineer shall only determine the value of Works associated with Maintenance.
(ii) If Termination is on account of an Indirect Political Event, the Termination Payment

shall include:
(a) any sums due and payable under Clause 23.5; and
(b) the reasonable cost, as determined by the Authority’s Engineer, of the Plant
and Materials procured by the Contractor and transferred to the Authority for
use in Construction or Maintenance, only if such Plant and Materials are in
conformity with the Specifications and Standards;
Provided that in the event Termination occurs during the Maintenance Period, the Authority’s
Engineer shall only determine the value of Works associated with Maintenance.
(iii) If Termination is on account of a Political Event, the Authority shall make a

Termination Payment to the Contractor in an amount that would be payable under
Clause 23.6 (ii) as if it were an Authority Default.
21.9 Dispute resolution
In the event that the Parties are unable to agree in good faith about the occurrence or
existence of a Force Majeure Event, such Dispute shall be finally settled in accordance with the
Dispute Resolution Procedure; provided that the burden of proof as to the occurrence or
existence of such Force Majeure Event shall be upon the Party claiming relief and/ or excuse
on account of such Force Majeure Event.
21.10 Excuse from performance of obligations
If the Affected Party is rendered wholly or partially unable to perform its obligations under
this Agreement because of a Force Majeure Event, it shall be excused from performance of such
of its obligations to the extent it is unable to perform on account of such Force Majeure Event;
provided that:
(a) the suspension of performance shall be of no greater scope and of no longer

duration than is reasonably required by the Force Majeure Event;
(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage
to the other Party arising out of or as a result of the existence or occurrence of
such Force Majeure Event and to cure the same with due diligence; and
(c) when the Affected Party is able to resume performance of its obligations
under this Agreement, it shall give to the other Party notice to that effect and
shall promptly resume performance of its obligations hereunder.
Article 22
Suspension of Contractor’s Rights
22.1 Suspension upon Contractor Default
Upon occurrence of a Contractor Default, the Authority shall be entitled, without prejudice to
its other rights and remedies under this Agreement including its rights of Termination
hereunder, to (i) suspend carrying out of the Works or Maintenance or any part thereof, and
(ii) carry out such Works or Maintenance itself or authorise any other person to exercise or
perform the same on its behalf during such suspension (the “Suspension”). Suspension
hereunder shall be effective forthwith upon issue of notice by the Authority to the Contractor
and may extend up to a period not exceeding 90 (ninety) days from the date of issue of such
notice.
22.2 Authority to act on behalf of Contractor
During the period of Suspension hereunder, all rights and liabilities vested in the Contractor in
accordance with the provisions of this Agreement shall continue to vest therein and all things
done or actions taken, including expenditure incurred by the Authority for discharging the
obligations of the Contractor under and in accordance with this Agreement shall be deemed to
have been done or taken for and on behalf of the Contractor and the Contractor undertakes to
indemnify the Authority for all costs incurred during such period. The Contractor hereby
licences and sub-licences respectively, the Authority or any other person authorised by it
under Clause 22.1 to use during Suspension, all Intellectual Property belonging to or licensed to
the Contractor with respect to the Project Highway and its design, engineering, construction
and maintenance, and which is used or created by the Contractor in performing its obligations
under the Agreement.
22.3 Revocation of Suspension
(i) In the event that the Authority shall have rectified or removed the cause of
Suspension within a period not exceeding 60 (sixty) days from the date of
Suspension, it shall revoke the Suspension forthwith and restore all rights of the
Contractor under this Agreement. For the avoidance of doubt, the Parties expressly
agree that the Authority may, in its discretion, revoke the Suspension at any time,
whether or not the cause of Suspension has been rectified or removed hereunder.
(ii) Upon the Contractor having cured the Contractor Default within a period not
exceeding 60 (sixty) days from the date of Suspension, the Authority shall revoke the
Suspension forthwith and restore all rights of the Contractor under this Agreement.
22.4 Termination
(i) At any time during the period of Suspension under this Article 22, the Contractor may
by notice require the Authority to revoke the Suspension and issue a Termination
Notice. The Authority shall, within 15 (fifteen) days of receipt of such notice,
terminate this Agreement under and in accordance with Article 23.
(ii) Notwithstanding anything to the contrary contained in this Agreement, in the event
that Suspension is not revoked within 90 (ninety) days from the date of Suspension
hereunder, the Agreement shall, upon expiry of the aforesaid period, be deemed to
have been terminated by mutual agreement of the Parties and all the provisions of
this Agreement shall apply, mutatis mutandis, to such Termination as if a Termination
Notice had been issued by the Authority upon occurrence of a Contractor Default.
Article 23
Termination
23.1 Termination for Contractor Default
(i) Save as otherwise provided in this Agreement, in the event that any of the defaults
specified below shall have occurred, and the Contractor fails to cure the default
within the Cure Period set forth below, or where no Cure Period is specified, then
within a Cure Period of 60 (sixty) days, the Contractor shall be deemed to be in
default of this Agreement (the “Contractor Default”), unless the default has occurred
solely as a result of any breach of this Agreement by the Authority or due to Force
Majeure. The defaults referred to herein shall include:
(a) the Contractor fails to provide, extend or replenish, as the case may be, the
Performance Security in accordance with this Agreement;
(b) after the replenishment or furnishing of fresh Performance Security in
accordance with Clause 7.3, the Contractor fails to cure, within a Cure Period
of 30 (thirty) days, the Contractor Default for which the whole or part of the
Performance Security was appropriated;
(c) the Contractor does not achieve the latest outstanding Project Milestone due
in accordance with the provisions of Schedule-J, subject to any Time Extension,
and continues to be in default for 45 (forty five) days;
(d) the Contractor abandons or manifests intention to abandon the construction
or Maintenance of the Project Highway without the prior written consent of
the Authority;
(e) the Contractor fails to proceed with the Works in accordance with the
provisions of Clause 10.1 or stops Works and/or the Maintenance for 30
(thirty) days without reflecting the same in the current programme and such
stoppage has not been authorised by the Authority’s Engineer;
(f) the Project Completion Date does not occur within the period specified in
Schedule-J for the Scheduled Completion Date, or any extension thereof;
(g) the Contractor fails to rectify any Defect, the non-rectification of which shall
have a Material Adverse Effect on the Project, within the time specified in this
Agreement or as directed by the Authority’s Engineer;
(h) the Contractor subcontracts the Works or any part thereof in violation of this
Agreement or assigns any part of the Works or the Maintenance without the
prior approval of the Authority;
(i) the Contractor creates any Encumbrance in breach of this Agreement;
(j) an execution levied on any of the assets of the Contractor has caused a
Material Adverse Effect;
(k) the Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is
appointed for the Contractor or for the whole or material part of its assets that
has a material bearing on the Project;
(l) the Contractor has been, or is in the process of being liquidated, dissolved,
wound-up, amalgamated or reconstituted in a manner that would cause, in the
reasonable opinion of the Authority, a Material Adverse Effect;
(m) a resolution for winding up or insolvency of the Contractor is passed, or any
petition for winding up or insolvency of the Contractor is admitted by a court
of competent jurisdiction and a provisional liquidator or receiver or interim
resolution professional, as the case may be, is appointed and such order has
not been set aside within 90 (ninety) days of the date thereof or the
Contractor is ordered to be wound up by court except for the purpose of
amalgamation or reconstruction; provided that, as part of such amalgamation
or reconstruction, the entire property, assets and undertaking of the
Contractor are transferred to the amalgamated or reconstructed entity and
that the amalgamated or reconstructed entity has unconditionally assumed
the obligations of the Contractor under this Agreement; and provided that:
i. the amalgamated or reconstructed entity has the capability and experience
necessary for the performance of its obligations under this Agreement; and
ii. the amalgamated or reconstructed entity has the financial standing to perform its
obligations under this Agreement and has a credit worthiness at least as good as
that of the Contractor as at the Appointed Date;
(n) any representation or warranty of the Contractor herein contained which is,
as of the date hereof, found to be false or the Contractor is at any time
hereafter found to be in breach or non-compliance thereof;
(o) the Contractor submits to the Authority any statement, notice or other
document, in written or electronic form, which has a material effect on the
Authority’s rights, obligations or interests and which is false in material
particulars;
(p) the Contractor has failed to fulfil any obligation, for which failure Termination
has been specified in this Agreement; or
(q) the Contractor commits a default in complying with any other provision of this
Agreement if such a default causes a Material Adverse Effect on the Project or
on the Authority.
(r) gives or offers to give (directly or indirectly) to any person any bribe, gift,
gratuity, commission or other thing of value, as an inducement or reward:
i. for doing or forbearing to do any action in relation to the Contract, or
ii. for showing or forbearing to show favour or disfavour to any person in
relation to the Contract,
or if any of the Contractor’s personnel, agents or subcontractors gives or offers to give
(directly or indirectly) to any person any such inducement or reward as is described
in this sub-paragraph (s). However, lawful inducements and rewards to Contractor’s
Personnel shall not entitle termination.
(ii) Without prejudice to any other rights or remedies which the Authority may have
under this Agreement, upon occurrence of a Contractor Default, the Authority shall
be entitled to terminate this Agreement by issuing a Termination Notice to the
Contractor; provided that before issuing the Termination Notice, the Authority shall
by a notice inform the Contractor of its intention to issue such Termination Notice
and grant 15 (fifteen) days to the Contractor to make a representation, and may after
the expiry of such 15 (fifteen) days, whether or not it is in receipt of such
representation, issue the Termination Notice.
(iii) The following shall apply in respect of cure of any of the defaults and/ or breaches of
the Agreement:
(a) The Cure Period shall commence from the date of the notice by the Authority
to the Contractor asking the latter to cure the breach or default specified in
such notice;
(b) The Cure Period provided in the Agreement shall not relieve the Contractor
from liability for Damages caused by its breach or default;
(c) The Cure Period shall not in any way be extended by any period of suspension
under the Agreement;
(d) If the cure of any breach by the Contractor requires any reasonable action by
the Contractor that must be approved by the Authority hereunder the
applicable Cure Period (and any liability of the Contractor for damages
incurred) shall be extended by the period taken by the Authority to accord its
required approval.
(iv) After termination of this Agreement for Contractor Default, the Authority may
complete the Works and/or arrange for any other entities to do so. The Authority
and these entities may then use any Materials, Plant and equipment, Contractor’s
documents and other design documents made by or on behalf of the Contractor.
23.2 Termination for Authority Default
(i) In the event that any of the defaults specified below shall have occurred, and the
Authority fails to cure such default within a Cure Period of 90 (ninety) days or such
longer period as has been expressly provided in this Agreement, the Authority shall
be deemed to be in default of this Agreement (the “Authority Default”) unless the
default has occurred as a result of any breach of this Agreement by the Contractor or
due to Force Majeure. The defaults referred to herein shall include:
(a) the Authority commits a material default in complying with any of the
provisions of this Agreement and such default has a Material Adverse Effect
on the Contractor;
(b) the Authority has failed to make payment of any amount due and payable to
the Contractor within the period specified in this Agreement;
(c) the Authority has failed to provide, within a period of 180 (one hundred and
eighty) days from the Appointed Date, the environmental clearances required
for construction of the Project Highway;
(d) the Authority becomes bankrupt or insolvent, goes into liquidation, has a
receiving or administration order made against him, compounds with its
creditors, or carries on business under a receiver, trustee or manager for the
benefit of its creditors, or if any act is done or event occurs which (under
Applicable Laws) has a similar effect;
(e) the Authority repudiates this Agreement or otherwise takes any action that
amounts to or manifests an irrevocable intention not to be bound by this
Agreement;
(f) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate
within 60 (sixty) days after receiving a statement and supporting documents;
or
(g) the whole work is suspended by Authority beyond 120 (one hundred twenty)
days for any reason which is not attributed to the Contractor.
(ii) Without prejudice to any other right or remedy which the Contractor may have under
this Agreement, upon occurrence of an Authority Default, the Contractor shall be
entitled to terminate this Agreement by issuing a Termination Notice to the
Authority; provided that before issuing the Termination Notice, the Contractor shall
by a notice inform the Authority of its intention to issue the Termination Notice and
grant 15 (fifteen) days to the Authority to make a representation, and may after the
expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation,
issue the Termination Notice.
If on the consideration of the Authority’s representation or otherwise, the contractor does not
issue the Termination Notice on such 15th (fifteenth) day and prefers to continue with the
project, it is deemed that the cause of action of the Termination Notice has been condoned by
the Contractor and he would be deemed to have waived any claim and forfeited any right to
any other remedy on that count or in relation to such action or omission.
23.3 Termination for Authority’s convenience
Notwithstanding anything stated hereinabove, the Authority may terminate this Agreement
for convenience. The termination shall take effect 30 (thirty) days from the date of notice
provided to the Contractor.
23.4 Requirements after Termination
Upon Termination of this Agreement in accordance with the terms of this Article 23, the
Contractor shall comply with and conform to the following:
(a) deliver all relevant records, reports, Intellectual Property and other licences
pertaining to the Works, Maintenance, other design documents;
(b) transfer and/or deliver all Applicable Permits to the extent permissible under
Applicable Laws; and
(c) vacate the Site within 15 (fifteen) days.
23.5 Valuation of Unpaid Works
(i) Within a period of 45 (forty-five) days after Termination under Clause 23.1, 23.2 or
23.3, as the case may be, has taken effect, the Authority’s Engineer shall proceed in
accordance with Clause 18.5 to determine as follows the valuation of unpaid Works
(the “Valuation of Unpaid Works”):
(a) value of the completed stage of the Works, less payments already made;
(b) reasonable value of the partially completed stages of works as on the date of
Termination, only if such works conform with the Specifications and
Standards; and
(c) value of Maintenance, if any, for completed months, less payments already
made, and shall adjust from the sum thereof (i) any other amounts payable or
recoverable, as the case may be, in accordance with the provisions of this
Agreement; and (ii) all taxes due to be deducted at source.
(ii) The Valuation of Unpaid Works shall be communicated to the Authority, with a copy
to the Contractor, within a period of 30 (thirty) days from the date of Termination.
23.6 Termination Payment
(i) Upon Termination on account of Contractor’s Default under Clause 23.1, the Authority
shall:
(a) encash and appropriate the Performance Security, Additional Performance

Security if any and Retention Money, or in the event the Contractor has failed
to replenish or extend the Performance Security and Additional Performance
Security if any, claim the amount stipulated in Clause 7.1, as agreed pre-
determined compensation to the Authority for any losses, delays and cost of
completing the Works and Maintenance, if any;
(b) encash and appropriate the Bank Guarantee, if any, for and in respect of the
outstanding Advance Payment and interest thereon; and
(c) pay to the Contractor, by way of Termination Payment, an amount equivalent
to the Valuation of Unpaid Works after adjusting any other sums payable or
recoverable, as the case may be, in accordance with the provisions of this
Agreement.
(ii) Upon Termination on account of an Authority Default under Clause 23.2 or for
Authority’s convenience under Clause 23.3, the Authority shall:
(a) return the Performance Security, Additional Performance Security and

Retention Money forthwith;
(b) encash and appropriate the bank guarantee, if any, for and in respect of the
outstanding Advance Payment; and
(c) pay to the Contractor, by way of Termination Payment, an amount equal to:
i. Valuation of Unpaid Works;
ii. the reasonable cost of temporary works, as determined by the Authority’s
Engineer; and
iii. 10% (ten per cent) of the cost of the Works and Maintenance that are not
commenced or not completed,
and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as the
case may be, in accordance with the provisions of this Agreement, and (ii) all taxes due to
be deducted at source.
(iii) Termination Payment shall become due and payable to the Contractor within 30
(thirty) days of a demand being made by the Contractor to the Authority with the
necessary particulars, and in the event of any delay, the Authority shall pay interest
at Bank Rate + 3% per annum, on the amount of Termination Payment remaining
unpaid; provided that such delay shall not exceed 90 (ninety) days. For the
avoidance of doubt, it is expressly agreed that Termination Payment shall constitute
full discharge by the Authority of its payment obligations in respect thereof
hereunder.
(iv) The Contractor expressly agrees that Termination Payment under this Article 23 shall
constitute a full and final settlement of all claims of the Contractor on account of
Termination of this Agreement and that it shall not have any further right or claim
under any law, treaty, convention, contract or otherwise.
23.7 Other rights and obligations of the Parties
Upon Termination for any reason whatsoever:
(a) property and ownership in all Materials, Plant and Works and the Project
Highway shall, as between the Contractor and the Authority, vest in the
Authority in whole; provided that the foregoing shall be without prejudice to
Clause 23.6;
(b) risk of loss or damage to any Materials, Plant or Works and the care and
custody thereof shall pass from the Contractor to the Authority; and
(c) the Authority shall be entitled to restrain the Contractor and any person
claiming through or under the Agreement from entering upon the Site or any
part of the Project, which have not been vested in the Authority in accordance
with the provisions of this Agreement.
23.8 Survival of rights
Notwithstanding anything to the contrary contained in this Agreement any

Termination pursuant to the provisions of this Agreement shall be without prejudice
to the accrued rights of either Party including its right to claim and recover money
damages, insurance proceeds, security deposits, and other rights and remedies, which
it may have in law or Agreement. All rights and obligations of either Party under this
Agreement, including Termination Payments, shall survive the Termination to the
extent such survival is necessary for giving effect to such rights and obligations.
23.9 Foreclosure with mutual consent
(i) Without prejudice to any provision of this Agreement, the Authority and Contractor
may foreclose this Agreement by mutual consent in circumstances which does not
constitute either party’s default without any liability or consequential future liability
for either party.
(ii) Should a Party intend to foreclose this Agreement by mutual consent, the intending
Party shall issue a notice to the other Party and upon issuance of such notice, the
other Party may within 15 days from receipt of such notice either agree to such
foreclosure or raise objection(s) to the same by intimating either of the two possible
positions to the intending Party in writing.
(iii) In either case of the other Party agreeing to the proposed foreclosure or otherwise,
the Parties may negotiate the proposed foreclosure and sign a Supplementary
Agreement for foreclosure to the main Contract Agreement within 30 (thirty) days of
the date agreeing by both Parties. Foreclosure shall not come into effect unless and
otherwise Supplementary Agreement is signed.
(iv) Any attempt or endeavor for foreclosure by mutual agreement shall be without
prejudice to the rights and obligations of the Parties herein and the factum of such an
attempt or exercise shall not stop either of the Parties from discharging their
contractual obligations under this Agreement.
(v) For the avoidance of doubt, it is clarified that such foreclosure will be without
prejudice to the Contractor and shall not affect the Contractor in any way if it wishes
to bid in future projects of the Authority.
Part VI
Other Provisions
Article 24
Assignment and Charges
24.1 Restrictions on assignment and charges
This Agreement shall not be assigned by the Contractor to any person, save and
except with the prior consent in writing of the Authority, which consent the Authority
shall be entitled to decline without assigning any reason.
24.2 Hypothecation of Materials or Plant
Notwithstanding the provisions of Clause 24.1, the Contractor may pledge or

hypothecate to its lenders, any Materials or Plant prior to their incorporation in the
Works. Further, the Contractor may, by written notice to the Authority, assign its right
to receive payments under this Agreement either absolutely or by way of charge, to
any person providing financing to the Contractor in connection with the performance
of the Contractor’s obligations under this Agreement. The Contractor acknowledges
that any such assignment by the Contractor shall not relieve the Contractor from any
obligations, duty or responsibility under this Agreement.
Article 25
Liability and Indemnity
25.1 General indemnity
(i) The Contractor will indemnify, defend, save and hold harmless the Authority and its
officers, servants, agents, Government Instrumentalities and Government owned
and/or controlled entities/enterprises, (the “Authority Indemnified Persons”)
against any and all suits, proceedings, actions, demands and third party claims for
any loss, damage, cost and expense of whatever kind and nature, whether arising out
of any breach by the Contractor of any of its obligations under this Agreement or
from any negligence under the Agreement, including any errors or deficiencies in the
design documents, or tort or on any other ground whatsoever, except to the extent
that any such suits, proceedings, actions, demands and claims have arisen due to any
negligent act or omission, or breach or default of this Agreement on the part of the
Authority Indemnified Persons.
25.2 Indemnity by the Contractor
(i) Without limiting the generality of Clause 25.1, the Contractor shall fully indemnify,
hold harmless and defend the Authority and the Authority Indemnified Persons from
and against any and all loss and/or damages arising out of or with respect to:
(a) failure of the Contractor to comply with Applicable Laws and Applicable
Permits;
(b) payment of taxes required to be made by the Contractor in respect of the
income or other taxes of the Sub-contractors, suppliers and representatives;
or
(c) non-payment of amounts due because of Materials or services furnished to the
Contractor or any of its Sub-contractors which are payable by the Contractor
or any of its Sub-contractors.
(ii) Without limiting the generality of the provisions of this Article 25, the Contractor
shall fully indemnify, hold harmless and defend the Authority Indemnified Persons
from and against any and all suits, proceedings, actions, claims, demands, liabilities
and damages which the Authority Indemnified Persons may hereafter suffer, or pay
by reason of any demands, claims, suits or proceedings arising out of claims of
infringement of any domestic or foreign patent rights, copyrights or other
intellectual property, proprietary or confidentiality rights with respect to any
materials, information, design or process used by the Contractor or by the Sub-
contractors in performing the Contractor’s obligations or in any way incorporated in
or related to the Project. If in any such suit, action, claim or proceedings, a temporary
restraint order or preliminary injunction is granted, the Contractor shall make every
reasonable effort, by giving a satisfactory bond or otherwise, to secure the
revocation or suspension of the injunction or restraint order. If, in any such suit,
action, claim or proceedings, the Project Highway, or any part thereof or comprised
therein, is held to constitute an infringement and its use is permanently enjoined, the
Contractor shall promptly make every reasonable effort to secure for the Authority a
licence, at no cost to the Authority, authorising continued use of the infringing work.
If the Contractor is unable to secure such licence within a reasonable time, the
Contractor shall, at its own expense, and without impairing the Specifications and
Standards, either replace the affected work, or part, or process thereof with non-
infringing work or part or process or modify the same so that it becomes non-
infringing.
25.3 Notice and contest of claims
In the event that either Party receives a claim or demand from a third party in respect
of which it is entitled to the benefit of an indemnity under this Article 25 (the
“Indemnified Party”) it shall notify the other Party (the “Indemnifying Party”)
within 15 (fifteen) days of receipt of the claim or demand and shall not settle or pay
the claim without the prior approval of the Indemnifying Party, which approval shall
not be unreasonably withheld or delayed. If the Indemnifying Party wishes to contest
or dispute the claim or demand, it may conduct the proceedings in the name of the
Indemnified Party, subject to the Indemnified Party being secured against any costs
involved, to its reasonable satisfaction.
25.4 Defence of claims
(i) The Indemnified Party shall have the right, but not the obligation, to contest, defend
and litigate any claim, action, suit or proceeding by any third party alleged or
asserted against such Party in respect of, resulting from, related to or arising out of
any matter for which it is entitled to be indemnified hereunder, and reasonable costs
and expenses thereof shall be indemnified by the Indemnifying Party. If the
Indemnifying Party acknowledges in writing its obligation to indemnify the
Indemnified Party in respect of loss to the full extent provided by this Article 25, the
Indemnifying Party shall be entitled, at its option, to assume and control the defence
of such claim, action, suit or proceeding, liabilities, payments and obligations at its
expense and through the counsel of its choice; provided it gives prompt notice of its
intention to do so to the Indemnified Party and reimburses the Indemnified Party for
the reasonable cost and expenses incurred by the Indemnified Party prior to the
assumption by the Indemnifying Party of such defence. The Indemnifying Party shall
not be entitled to settle or compromise any claim, demand, action, suit or proceeding
without the prior written consent of the Indemnified Party, unless the Indemnifying
Party provides such security to the Indemnified Party as shall be reasonably required
by the Indemnified Party to secure the loss to be indemnified hereunder to the
extent so compromised or settled.
(ii) If the Indemnifying Party has exercised its rights under Clause 25.3, the Indemnified
Party shall not be entitled to settle or compromise any claim, action, suit or
proceeding without the prior written consent of the Indemnifying Party (which
consent shall not be unreasonably withheld or delayed).
(iii) If the Indemnifying Party exercises its rights under Clause 25.3, the Indemnified Party
shall nevertheless have the right to employ its own counsel, and such counsel may
participate in such action, but the fees and expenses of such counsel shall be at the
expense of the Indemnified Party, when and as incurred, unless:
(a) the employment of counsel by such party has been authorised in writing by
the Indemnifying Party; or
(b) the Indemnified Party shall have reasonably concluded that there may be a
conflict of interest between the Indemnifying Party and the Indemnified Party
in the conduct of the defence of such action; or
(c) the Indemnifying Party shall not, in fact, have employed independent counsel
reasonably satisfactory to the Indemnified Party, to assume the defence of such
action and shall have been so notified by the Indemnified Party; or
(d) the Indemnified Party shall have reasonably concluded and specifically notified
the Indemnifying Party either:
i. that there may be specific defences available to it which are different from or
additional to those available to the Indemnifying Party; or
ii. that such claim, action, suit or proceeding involves or could have a material
adverse effect upon it beyond the scope of this Agreement:
Provided that if Sub-clauses (b), (c) or (d) of this Clause 25.4 (iii) shall be applicable,
the counsel for the Indemnified Party shall have the right to direct the defence of such
claim, demand, action, suit or proceeding on behalf of the Indemnified Party, and the
reasonable fees and disbursements of such counsel shall constitute legal or other
expenses hereunder.
25.5 Survival on Termination
The provisions of this Article 25 shall survive Termination.
Article 26
Dispute Resolution
26.1 Dispute Resolution
(i) Any dispute, difference or controversy of whatever nature howsoever arising under
or out of or in relation to this Agreement (including its interpretation) between the
Parties, and so notified in writing by either Party to the other Party (the “Dispute”)
shall, in the first instance, be attempted to be resolved amicably in accordance with
the conciliation procedure set forth in Clause 26.2.
(ii) The Parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.
26.2 Conciliation
In the event of any Dispute between the Parties, either Party may call upon the
Authority’s Engineer, or such other person as the Parties may mutually agree upon
(the “Conciliator”) to mediate and assist the Parties in arriving at an amicable
settlement thereof. Failing mediation by the Conciliator or without the intervention of
the Conciliator, either Party may require such Dispute to be referred to the Chairman
of the Authority and the Chairman of the Board of Directors of the Contractor for
amicable settlement, and upon such reference, the said persons shall meet no later
than 7 (seven) business days from the date of reference to discuss and attempt to
amicably resolve the Dispute. If such meeting does not take place within the 30
(thirty) business day period or the Dispute is not amicably settled within 30 (thirty)
days of the meeting or the Dispute is not resolved as evidenced by the signing of
written terms of settlement within 30 (thirty) days of the notice in writing referred to
in Clause 26.1.1 or such longer period as may be mutually agreed by the Parties,
either Party may refer the Dispute to arbitration in accordance with the provisions of
Clause 26.3 but before resorting to such arbitration, the parties agree to explore
conciliation by the Conciliation Committees of Independent Experts set up by the
Authority in accordance with the procedure decided by the panel of such experts and
notified by the Authority on its website including its subsequent amendments. In the
event of the conciliation proceedings being successful, the parties to the dispute
would sign the written settlement agreement and the conciliators would authenticate
the same. Such settlement agreement would then be binding on the parties in terms of
Section 73 of the Arbitration Act. In case of failure of the conciliation process even at
the level of the Conciliation Committee, either party may refer the Dispute to
arbitration in accordance with the provisions of Clause 26.3.
26.3 Arbitration
(i) Any dispute which remains unresolved between the parties through the mechanisms
available/ prescribed in the Agreement, irrespective of any claim value, which has
not been agreed upon/ reached settlement by the parties, will be referred to the
Arbitral Tribunal as per the Arbitration and Conciliation Act.
(ii) Deleted
(iii) The Arbitral Tribunal shall make a reasoned award (the “Award”). Any Award made
in any arbitration held pursuant to this Article 26 shall be final and binding on the
Parties as from the date it is made, and the Contractor and the Authority agree and
undertake to carry out such Award without delay.
(iv) The Contractor and the Authority agree that an Award may be enforced against the
Contractor and/or the Authority, as the case may be, and their respective assets
wherever situated.
(v) This Agreement and the rights and obligations of the Parties shall remain in full force
and effect, pending the Award in any arbitration proceedings hereunder. Further, the
parties unconditionally acknowledge and agree that notwithstanding any dispute
between them, each Party shall proceed with the performance of its respective
obligations, pending resolution of Dispute in accordance with this Article.
(vi) In the event the Party against whom the Award has been granted challenges the
Award for any reason in a court of law, it shall make an interim payment to the other
Party for an amount equal to 75% (seventy five per cent) of the Award, pending final
settlement of the Dispute. The aforesaid amount shall be paid forthwith upon
furnishing an irrevocable Bank Guarantee for a sum equal to 120 % (one hundred
and twenty per cent) of the aforesaid amount. Upon final settlement of the Dispute,
the aforesaid interim payment shall be adjusted and any balance amount due to be
paid or returned, as the case may be, shall be paid or returned with interest
calculated at the rate of 10% (ten per cent) per annum from the date of interim
payment to the date of final settlement of such balance.
26.4 Adjudication by Regulatory Authority, Tribunal or Commission
In the event of constitution of a statutory regulatory authority, tribunal or commission, as the

case may be, with powers to adjudicate upon disputes between the Contractor and the
Authority, all Disputes arising after such constitution shall, instead of reference to arbitration
under Clause 26.3, be adjudicated upon by such regulatory authority, tribunal or commission
in accordance with the Applicable Law and all references to Dispute Resolution Procedure
shall be construed accordingly. For the avoidance of doubt, the Parties hereto agree that the
adjudication hereunder shall not be final and binding until an appeal against such adjudication
has been decided by an appellate tribunal or court of competent jurisdiction, as the case may
be, or no such appeal has been preferred within the time specified in the Applicable Law.
Article 27
Miscellaneous
27.1 Governing law and jurisdiction
This Agreement shall be construed and interpreted in accordance with and governed
by the laws of India, and the courts at [Delhi] shall have exclusive jurisdiction over
matters arising out of or relating to this Agreement.
27.2 Waiver of immunity
Each Party unconditionally and irrevocably:
(a) agrees that the execution, delivery and performance by it of this Agreement
constitute commercial acts done and performed for commercial purpose;
(b) agrees that, should any proceedings be brought against it or its assets,
property or revenues in any jurisdiction in relation to this Agreement or any
transaction contemplated by this Agreement, no immunity (whether by reason
of sovereignty or otherwise) from such proceedings shall be claimed by or on
behalf of the Party with respect to its assets;
(c) waives any right of immunity which it or its assets, property or revenues now
has, may acquire in the future or which may be attributed to it in any
jurisdiction; and
(d) consents generally in respect of the enforcement of any judgement or award
against it in any such proceedings to the giving of any relief or the issue of any
process in any jurisdiction in connection with such proceedings (including the
making, enforcement or execution against it or in respect of any assets,
property or revenues whatsoever irrespective of their use or intended use of
any order or judgement that may be made or given in connection therewith).
27.3 Delayed payments
The Parties hereto agree that payments due from one Party to the other Party under
the provisions of this Agreement shall be made within the period set forth therein,
and if no such period is specified, within 30 (thirty) days of receiving a demand along
with the necessary particulars. In the event of delay beyond such period, the
defaulting Party shall pay interest for the period of delay calculated at a rate equal to
Base Rate plus 2 (two) percent, calculated at quarterly rests, and recovery thereof
shall be without prejudice to the rights of the Parties under this Agreement including
Termination thereof.
27.4 Waiver
(i) Waiver, including partial or conditional waiver, by either Party of any default by the
other Party in the observance and performance of any provision of or obligations
under this Agreement:-
(a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this Agreement;
(b) shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and
(c) shall not affect the validity or enforceability of this Agreement in any manner.
(ii) 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 thereunder
nor time or other indulgence granted by a Party to the other Party shall be treated or
deemed as waiver of such breach or acceptance of any variation or the
relinquishment of any such right hereunder.
27.5 Liability for review of Documents and Drawings
Except to the extent expressly provided in this Agreement:
(a) no review, comment or approval by the Authority or the Authority’s Engineer

of any Document or Drawing submitted by the Contractor nor any observation
or inspection of the construction, or maintenance of the Project Highway nor
the failure to review, approve, comment, observe or inspect hereunder shall
relieve or absolve the Contractor from its obligations, duties and liabilities
under this Agreement, the Applicable Laws and Applicable Permits; and
(b) the Authority shall not be liable to the Contractor by reason of any review,
comment, approval, observation or inspection referred to in Sub-clause (a)
above.
27.6 Exclusion of implied warranties etc.
This Agreement expressly excludes any warranty, condition or other undertaking implied at
law or by custom or otherwise arising out of any other agreement between the Parties or any
representation by either Party not contained in a binding legal agreement executed by both
Parties.
27.7 Survival
(i) Termination shall:
(a) not relieve the Contractor or the Authority, as the case may be, of any
obligations hereunder which expressly or by implication survive Termination
hereof; and
(b) except as otherwise provided in any provision of this Agreement expressly
limiting the liability of either Party, not relieve either Party of any obligations
or liabilities for loss or damage to the other Party arising out of, or caused by,
acts or omissions of such Party prior to the effectiveness of such Termination
or arising out of such Termination.
(ii) All obligations surviving Termination shall only survive for a period of 3 (three) years
following the date of such Termination.
27.8 Entire Agreement
This Agreement and the Schedules together constitute a complete and exclusive
statement of the terms of the agreement between the Parties on the subject hereof,
and no amendment or modification hereto shall be valid and effective unless such
modification or amendment is agreed to in writing by the Parties and duly executed by
persons especially empowered in this behalf by the respective Parties. All prior
written or oral understandings, offers or other communications of every kind
pertaining to this Agreement are abrogated and withdrawn. For the avoidance of
doubt, the Parties hereto agree that any obligations of the Contractor arising from the
Request for Qualification or Request for Proposals, as the case may be, shall be deemed
to form part of this Agreement and treated as such.
27.9 Severability
If for any reason whatever, any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties will negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as
nearly as is practicable to such invalid, illegal or unenforceable provision. Failure to
agree upon any such provisions shall not be subject to the Dispute Resolution
Procedure set forth under this Agreement or otherwise.
27.10 No partnership
This Agreement shall not be interpreted or construed to create an association, joint

venture or partnership between the Parties, or to impose any partnership obligation
or liability upon either Party, and neither Party shall have any right, power or
authority to enter into any agreement or undertaking for, or act on behalf of, or to act
as or be an agent or representative of, or to otherwise bind, the other Party.
27.11 Third parties
This Agreement is intended solely for the benefit of the Parties and their respective
successors and permitted assigns, and nothing in this Agreement shall be construed
to create any duty to, standard of care with reference to, or any liability to, any person
not a Party to this Agreement.
27.12 Successors and assigns
This Agreement shall be binding upon, and inure to the benefit of the Parties and their
respective successors and permitted assigns.
27.13 Notices
Any notice or other communication to be given by any Party to the other Party under
or in connection with the matters contemplated by this Agreement shall be in writing
and shall:
(a) in the case of the Contractor, be given by facsimile or e-mail and by letter
delivered by hand to the address given and marked for attention of the person
set out below or to such other person as the Contractor may from time to time
designate by notice to the Authority; provided that notices or other
communications to be given to an address outside [Delhi] may, if they are
subsequently confirmed by sending a copy thereof by registered
acknowledgement due, air mail or by courier, be sent by facsimile or e-mail to
the person as the Contractor may from time to time designate by notice to the
Authority;
[***]
(b) in the case of the Authority, be given by facsimile or e-mail and by letter
delivered by hand and be addressed to the [Chairman] of the Authority with a
copy delivered to the Authority Representative or such other person as the
Authority may from time to time designate by notice to the Contractor;
provided that if the Contractor does not have an office in [Delhi] it may send
such notice by facsimile or e-mail and by registered acknowledgement due, air
mail or by courier; and
(c) any notice or communication by a Party to the other Party, given in
accordance herewith, shall be deemed to have been delivered when in the
normal course of post it ought to have been delivered and in all other cases, it
shall be deemed to have been delivered on the actual date and time of
delivery; provided that in the case of facsimile or e- mail, it shall be deemed to
have been delivered on the working day following the date of its delivery.
27.14 Language
All notices required to be given by one Party to the other Party and all other
communications, Documentation and proceedings which are in any way relevant to
this Agreement shall be in writing and in English language.
27.15 Counterparts
This Agreement may be executed in two counterparts, each of which, when executed
and delivered, shall constitute an original of this Agreement.
27.16 Confidentiality
The Parties shall treat the details of this Agreement as private and confidential, except
to the extent necessary to carry out obligations under it or to comply with Applicable
Laws. The Contractor shall not publish, permit to be published, or disclose any
particulars of the Works in any trade or technical paper or elsewhere without the
previous agreement of the Authority.
27.17 Copyright and Intellectual Property rights
(i) As between the Parties, the Contractor shall retain the copyright and other
Intellectual Property rights in the Contractor's documents and other design
documents made by (or on behalf of) the Contractor. The Contractor shall be deemed
(by signing this Agreement) to give to the Authority a non-terminable transferable
non-exclusive royalty-free licence to copy, use and communicate the Contractor's
documents, including making and using modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is longer) of
the relevant parts of the Works;
(b) entitle any person in proper possession of the relevant part of the Works to
copy, use and communicate the Contractor's documents for the purposes of
completing, operating, maintaining, altering, adjusting, repairing and
demolishing the Works; and
(c) in the case of Contractor's documents which are in the form of computer
programs and other software, permit their use on any computer on the Site
and other places as envisaged by this Agreement, including replacements of
any computers supplied by the Contractor.
(ii) The Contractor's documents and other design documents made by (or on behalf of)
the Contractor shall not, without the Contractor's consent, be used, copied or
communicated to a third party by (or on behalf of) the Authority for purposes other
than those permitted under this Clause 27.17.
(iii) As between the Parties, the Authority shall retain the copyright and other intellectual
property rights in this Agreement and other documents made by (or on behalf of)
the Authority. The Contractor may, at its cost, copy, use, and obtain communication
of these documents for the purposes of this Agreement. They shall not, without the
Authority's consent, be copied, used or communicated to a third party by the
Contractor, except as necessary for the purposes of the contract.
27.18 Limitation of Liability
(i) Neither Party shall be liable to the other Party for loss of use of any Works, loss of
profit, loss of any contract or for any indirect or consequential loss or damage which
may be suffered by the other Party in connection with this Agreement, save and
except as provided under Articles 23 and 25.
(ii) The total liability of one Party to the other Party under and in accordance with the
provisions of this Agreement, save and except as provided in Articles 23 and 25, shall
not exceed the Contract Price. For the avoidance of doubt, this Clause shall not limit
the liability in any case of fraud, deliberate default or reckless misconduct by the
defaulting Party.
27.19 Care and Supply of Documents
(i) Each of the Contractor’s documents shall be in the custody and care of the Contractor,
unless and until taken over by the Authority. Unless otherwise stated in the
Agreement, the Contractor shall supply to the Authority 2 (two) copies of the each of
the Contractor’s documents.
(ii) The Contractor shall keep, on the Site, a copy of the Agreement, publication named in
the Authority’s requirements, the Contractor’s documents, and variations and other
communications given under the Agreement. The Authority’s personnel shall have
the right of access to all these documents at all reasonable times.
(iii) If a Party becomes aware of an error or defect of a technical nature in a document

which was prepared for use in executing the Works, the Party shall promptly give
notice to the other party of such error or defect.
27.20 Authority’s Use of Contractor’s Documents.
(i) As between the Parties, the Contractor shall retain the copyright and other
Intellectual Property rights in the Contractor’s Documents and other design
documents made by (or on behalf of) the Contractor.
(ii) The Contractor hereby gives to the Authority a non-terminable transferable

nonexclusive royalty-free license to copy, use and communicate the Contractor’s
Documents, including making and using modifications of them. This license shall:
(a) apply through out the actual or intended working life (whichever is longer) of
the relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the Works to
copy, use and communicate the Contractor’s Documents for the purposes of
completing, operating, maintaining, altering, adjusting, repairing and
demolishing the Works, and
(c) in the case of Contractor’s Documents which are in the form of computer
programs and other software, permit their use on any computer on the Site
and other places as envisaged by the Contractor, including replacements of
any computers supplied by the Contractor.
(iii) The Contractor’s Documents and other design documents made by or on behalf of the
Contractor shall not, without the Contractor’s consent, be used, copied or
communicated to a third party by (or on behalf of) the Authority for purposes other
than those permitted under this Sub-Clause.
27.21 Contractor’s Use of Authority’s Documents
As between the Parties, the Authority shall retain the copyright and other intellectual
property rights in the Authority’s requirements and other Documents made by (or on
behalf of) the Authority. The Contractor may, at its cost copy, use, and obtain
communication of these documents for the purpose of the Agreement. They shall not
without the Authority’s consent, be copied, used or communicating to a third party by

the Contractor, except as necessary for the purposes of the Agreement.
27.22 Access to the Site by Others
The Contractor shall, at all times, afford access to the Site to the authorized
representatives of the Authority, the Authority’s Engineer and anyone else authorized
by the Authority to access the site and to the persons duly authorized by any
Governmental Agency having jurisdiction over the Project, including those concerned
with safety, security or environmental protection to inspect the Project Highway and
to investigate any matter within their authority and upon reasonable notice, the
Contractor shall provide to such persons reasonable assistance necessary to carry out
their respective duties and functions with minimum disruption to the construction,
operation and maintenance of the Project Highway consistent with the purpose for
which such persons have gained such access to the Site.
27.23 Term
This Agreement shall come into force and effect from the date first hereinabove
written and shall remain in force and effect till the Termination Date i.e. the Parties
perform all their respective obligations or is terminated by any of the Parties for the
reasons and in the manner provided for in the Agreement.
27.24 Amendments
The Agreement may not be supplemented, amended, modified or changed except by

an instrument in writing signed by the Contractor and the Authority and expressed to
be a supplement, modification or change to the Agreement.
27.25 Representation and Bribes
The Contractor represents and warrants to the Authority that:

(a) No representation or warranty by the Contractor contained herein or in any
other document furnished by it to the Authority, or to any Governmental
Instrumentality in relation to Applicable Permits contains or will contain any
untrue statement of material fact or omits or will omit to state a material fact
necessary to make such representation or warranty not misleading; and
(b) It warrants that no sums, in cash or kind, have been paid or will be paid by or
on behalf of the Contractor, to any person by way of fees, commission or
otherwise for securing or entering into the Contractor for influencing or
attempting to influence any officer or employee of the Authority or GOI in
connection therewith.
27.26 No Agency
The Agreement does not constitute either Party as the agent, partner or legal
representative of the other for any purposes whatsoever, and neither Party shall have
any express or implied right or authority to assume or to create any obligation or
responsibility on behalf of or in the name of the other Party.
Schedules
Schedule-A
(See Clauses 2.1 and 8.1)
Site of the Project
1 The Site
(i) Site of the Project “Construction of New 2-lane Major Bridge including approaches over
Brahmaputra between Majuli on North Bank and Jorhat on South bank from km 11/690
to km 19/715 –length of Bridge 6812.5 m (Part 1 of Package-II) on NH-715 K in the State
of Assam on EPC Mode” The proposed 2 Lane Major Bridge and Approaches here in termed
and referred as Project Highway shall include the land, buildings, structures and road works
as described in Annex-I of this Schedule-A.
(ii) The dates of handing over the Right of Way to the Contractor are specified in Annex-II of this
Schedule-A.
(iii) An inventory of the Site including the land, buildings, structures, road works, trees and any
other immovable property on, or attached to, the Site shall be prepared jointly by the
Authority Representative and the Contractor, and such inventory shall form part of the
memorandum referred to in Clause 8.2 (i) of this Agreement.
(iv) The alignment plans of the Project Highway are specified in Annex-III. In the case of sections
where no modification in the existing alignment of the Project Highway is contemplated, the
alignment plan has not been provided. Alignment plans have only been given for sections
where the existing alignment is proposed to be upgraded. The proposed profile of the Project
Highway shall be followed by the contractor with minimum FRL as indicated in the
alignment plan. The contractor shall however, improve/upgrade the Road Profile as indicated
in Annexure-III based on site/design requirement.
(v) The status of the environmental clearance, Inland Waterway Authority (IWAI) clearance
obtained or awaited is given in Annex IV.
Annex – I
(Schedule-A)
Annex-I : Site
1. Site
The Site of the Project “Construction of New 2-lane Major Bridge including approaches over
Brahmaputra between Majuli on North Bank and Jorhat on South bank from km 11/690 to km
19/715 –length of Bridge 6812.5 m (Part 1 of Package-II) on NH-715 K in the State of Assam on
EPC Mode”. The proposed 2 Lane Major Bridge and approaches here in termed and referred as
Project Highway shall include [Planning, Design, Construction, Defect Liability and Maintenance
& all other Contingent Works thereof of 6812.5 m long 2 Lane major bridge and immediate
approaches of north & south banks (1213 m) over the river Brahmaputra on new NH 715K which
originates from its junction with NH 715 near Jorhat and terminates at Kamlabari (Majuli). The
location and site map the Project Highway is presented below in Figure-1. The approach of north
bank near Dakhinpat Satra will be later connected to Kamlabari (Majuli) and approach of south
bank near Hatisahl will be connected to existing NH 715 as shown in Figure 2. However the
project highway in Part 1 has to be designed keeping in mind the project highway in Part 2. The
said bridge of 6812.5 m starts near village Dakhinpat Satra and ends at Hatisahal as shown in
Figure 2.
Figure 1: Location Map of Project
Figure 2: Site Map of Project Highway
2. Land
The Site of the Project Highway comprises the land (sum total of land already in possession
and land to be possessed) described below:
Chainage (Km) Right of Way

S. No. Remarks
From To (m)
1 11+690 19+715 0
3. Carriageway
The existing carriageway and pavement type is described below.
Pavement
S.No. From To Carriageway Remark
type
NIL
4. Major Bridges
The Site includes the following Major Bridges:
Type of Structure No. of Spans

Chainage Width
S. No. Sub- Super with span
(Km) Foundation (m)
Structure Structure length (m)
NIL
5. Road over-bridges (ROB)/ Road under-bridges (RUB)
The Site includes the following ROB (road over railway line):
Type of Structure
Chainage No. of Spans with Width
S. No. Super
(Km) Foundation span length (m) (m)
Structure
NIL
6. Grade separators
The Site includes the following grade separators:
Type of Structure
Chainage No. of Spans with Width
S. No. Super
(Km) Foundation span length (m) (m)
Structure
NIL
7. Minor bridges
The Site includes the following minor bridges on the Service Roads:
S. No. Location (km) Remarks

NIL
8. Railway level crossings

The Site includes the following railway level crossings:
S. No. Location (km) Remarks

NIL
9. Underpasses (vehicular, non-vehicular)

The Site includes the following underpasses:
Type of Structure No. of Spans
Chainage Width
S. No. Super with span Remark
(Km) Foundation (m)
Structure length (m)
NIL
10. Culverts
The Site has the following culverts:

Span /Opening with Width
S. No. Chainage (Km) Type of Culvert
span length (m) (m)
NIL
11. Bus bays
The details of bus bays on the Site are as follows:

S. No. Chainage (km) Length (m) Left Hand Side Right Hand Side
Nil
12. Truck Lay byes
The details of truck lay byes are as follows:

S. No. Chainage (km) Length (m) Left Hand Side Right Hand Side
Nil
13. Road side drains
The details of the roadside drains are as follows:

S. No. Location Type
From km to km Masonry/cc (Pucca) Earthen (Kutcha)
NIL
14. Major junctions
The details of major junctions are as follows:

Chainage Category of Cross Road
S. No. At grade Separated
(Km) NH SH MDR Others
NIL
(NH: National Highway, SH: State Highway, MDR: Major District Road)
15. Minor junctions (with service roads)
The details of the minor junctions are as follows:
S. No. Chainage (Km) Type Side Cross road detail (leading to)
NIL
16. Bypasses
The details of the existing road sections proposed to be bypassed are as follows:
Chainage
S. No. Name of bypass (town) Length (Km)
(Km)
17. Other structures
NIL
18. River Training Works (RTW)
Existing Embankment on North Bank is 8.46 Km (B/T Dyke Road) and on South Bank
is 10.77 Km (Earthen Embankment)
Annex - II
(As per Clause 8.3 (i))
(Schedule-A)
Dates for providing Right of Way of Construction Zone
The dates on which the Authority shall provide Right of Way of Construction Zone to the Contractor
on different stretches of the Site are stated below:
Date of providing Right

S. No From km to km Length (km) Width (m)
of Way*
1 2 3 4 5
(i) Full Right of Way (Full width)
(a) Stretch Bridge Portion 6812.5 m 30

On Appointed Date
(b) Stretch Approach North Bank 553 m 30
(c) Stretch Approach South Bank 660 m 30
*The dates specified herein shall in no case be beyond 150 (one hundred and fifty) days after
the Appointed Date.
Annex - III
(Schedule-A)
Annex-III : Alignment Plans
The existing alignment of the Project Highway shall be modified in the following sections as
per the alignment plan indicated below:
(i) The alignment of the Project Bridge and approaches is enclosed in Alignment Plan in
digital form. Finished road level of the bridge indicated in the alignment plan shall be
followed by the contractor as minimum FRL. In any case, the finished road level of
the project Bridge and approaches shall not be less than those indicated in the
alignment plan. The contractor shall, however, improve/upgrade the Road/ bridge
profile as indicated in Annex-III based on site/design requirement. For ease of
reference the key plan is given in Figure-2 below.
Figure 2: Key Plan

Annex - IV
(Schedule-A)
Annex-IV: Inland Waterways Authority of India Clearances
Clearance from IWAI is under process.
Majuli on North Bank and Jorhat on South Bank From Km 11+690 to 19+715 of NH – 715 132
K Length of Bridge 6812.5 m (Part 1 of Package– II) in the State of Assam on EPC Mode.
Annex - V
(Schedule-A)
Annex-V : Environment Clearances / Forest
The project does not require any environmental and forest clearance since the total project
length is less than 100km involving additional right of way or land acquisition up to 40m
on existing alignments and 60m on realignments or bypasses. The same is in accordance
with the Revised EIA Notification Dated 22nd August, 2013.
Schedule - B
(See Clause 2.1)
Development of the Project Highway
1. Development of the Proposed 2-Lane Major Bridge over Brahmaputra with

Approaches
Development of the Construction of New 2-lane Major Bridge including

approaches over Brahmaputra between Majuli on North Bank and Jorhat on
South bank from km 11/690 to km 19/715 –length of Bridge 6812.5 m (Part 1 of
Package-II) on NH-715 K in the State of Assam on EPC Mode shall include
immediate approaches of north & south banks (1213 m) works as described in this
Schedule-B and in Schedule-C. The alignment plans of the bridge and approaches
are specified in Annex-III of Schedule A shall be deemed to be part of this
Schedule B. The proposed profile of the project highway as indicated in the
Annex- III of Schedule A shall be followed by the contractor with minimum FRL
as indicated in the alignment plan. Based on site/design requirement, the
Contractor may, however, improve/upgrade upon the alignment plans and
profiles as indicated in Annexure - III of Schedule A and raise the finished
roadway level (FRL) with approval from the Authority’s Engineer within the
available Right of Way.
2. Description of the Project Highway
Construction of New 2-lane Major Bridge including approaches over Brahmaputra

between Majuli on North Bank and Jorhat on South bank from km 11/690 to km
19/715 –length of Bridge 6812.5 m (Package-II) on NH 715 K in the State of Assam
on EPC Mode including immediate approaches of north & south banks (1213 m as
described in Annex-I of this Schedule-B and in Schedule-C.
3. Specifications and Standards
The Project Highway shall be designed and constructed in conformity with the
Specifications and Standards specified in Annex-I, Annex-II & Annex-III of Schedule-
D.
Annex – I
(Schedule-B)
Annex-I Description of Project Highway
This project includes the Construction of 6812.5 m long 2-lane major bridge and
1.213km approaches. The new major bridge shall be provided as extradosed bridge
having minimum main spans of 125m with appropriate end span as per GAD enclosed.
The new bridge shall have minimum navigational requirement of 100m for horizontal
clearance between piers and vertical clearance of 10m above HFL. Total approaches of
1.213 km length (0.660km on Majuli side and 0.553 km on Jorhat side) shall be
developed as two lane carriageway highway along the project alignment.
Construction of New 2-lane Major Bridge including approaches over Brahmaputra

between Majuli on North Bank and Jorhat on South bank from km 11/690 to km 19/715
–length of Bridge 6812.5 m (Part 1 of Package-II) on NH-715 K in the State of Assam on
EPC Mode
1. Construction of New 2-lane Bridge including approaches
(i) The Project Highway shall follow the existing alignment unless otherwise specified by
the Authority and shown in the alignment plans specified in Annex III of Schedule-A.
Notwithstanding anything to the contrary contained in this agreement or Manual the
FRL (Finished Road Level) indicated in the Annexure III of Schedule A are minimum.
Geometric deficiencies, if any, in the existing horizontal and vertical profiles shall be
corrected as per the prescribed standards.
(ii) Width of Carriageway :-
(a) Width of carriageway of components shall be as under: -
i. For Approach Roads:

2-Lane Approach Road Sections
Lanes width 2x3.5m = 7.00m
Cross Sectional Elements: Main Paved shoulder 2x1.5m = 3.0m
Carriageway Earthen Shoulder 2x1.0m = 2.00m
Total carriageway 10m
ii. For Viaduct Sections:-

2-Lane Viaduct Sections (PSC Segmental)
Paved shoulder -----
Cross Sectional Elements: Kerb Shyness 2x0.50m = 1.0m
Main Carriageway Total carriageway 7.50+1.0 = 8.50m
Raise Footpath with Utility Duct 2x1.50m = 3.00m
Crash Barrier 2x0.5m = 1.0m
Total deck width = 12.5m
iii. For Main Bridge:

2-lane Extradosed section of Major Bridge
Paved shoulder -----
Kerb Shyness 2x0.50m = 1.0m
Total carriageway 7.50+1.0 = 8.50m
Cross Sectional Elements:
Main Carriageway Raise Footpath with Utility Duct 2x1.50m = 3.00m
Total deck width excluding clear 12.50m
spacing for stay cable deck
anchoring
(b) Except as otherwise provided in this Agreement, the width of the paved
carriageway shall conform to Clause 1 (ii) (a) above.
2. Geometric Design and General Features
(i) General
Geometric design and general features of the Project Highway shall be in
accordance with Section 2 of the Manual(IRC:SP 73-2018).
(ii) Design speed
The design speed shall be 100 kmph and 80 kmph for ruling design and
minimum design speed respectively for plain terrain.
(iii) Improvement of the proposed road geometrics
Stretch Type of
S. No. Remarks
(from Km to Km) deficiency
As per Alignment Plan indicated in the Annexure III of Schedule A.
(iv) Right of Way
Details of the Right of Way are given in Annex II of Schedule-A except at Junctions
location where it shall be in accordance with junction design.
(v) Type of shoulders
(a) Main Carriageway in Approach Road and Service Roads:
Paved shoulder
As per Typical Cross Sections given in
Earthen Shoulder Clause 2 (xi) of Schedule-B
(b) In built-up sections, footpaths/fully paved shoulders shall be provided in the

following stretches:
Stretch Fully paved Reference to cross
S. No.
(from Km to Km) Shoulders/footpaths section
Along all the proposed Refer typical cross
1 approach roads and bridge 1.50m sections and viaduct
portion and Bridge GADs.
(vi) Lateral and vertical clearances at underpasses

(a) Lateral and vertical clearances at underpasses and provision of crash
barriers shall be as per the Manual.
(b) The width of the opening and vertical clearance at the Vehicular underpasses
shall be as follows:
S. No. Chainage (Km) Span/Opening (m) Type Remarks
NIL
(vii) Lateral and Vertical Clearances at overpasses

(a) Lateral and vertical clearances at overpasses shall be as per applicable
Manual.
(b) Lateral clearance: The width of the opening at the overpasses shall be as
follows:
Chainage Span/Opening
S. No. Remarks
(Km) (m)
Nil
(viii) Service roads

(a) Service roads shall be constructed at the locations and for the lengths
indicated below:
Location of Service Right hand side
Road (RHS)/Left hand Length (km) of
S. No. Width (m)
From side (LHS)/ or service road
To (Km)
(Km) Both sides
NIL
(b) The up and down ramps/slip road of 3.75m wide for entry/exit of main
carriageway shall be constructed at the locations indicated below:
Approximate
S. No. Type of Ramp Remarks
Location
NIL
(ix) Grade separated structures

(a) Grade separated structures shall be provided as per Manual. The requisite
particulars are given below:
i. Flyover
Location of
Number and Width
Structure Approach
Sl. No. Length (m) length of spans (Excluding
(Chainage gradient
(m) Median)
(Km))
NIL
ii. Vehicular Underpass (VUP)
Location of
Number and
Structure Approach
Sl. No. Length (m) length of spans Width
(Chainage gradient
(m)
(Km))
NIL
iii. Light Vehicular Underpass (LVUP)
Location of
Number and Approac
Structure
S. No. Length (m) length of h Width
(Chainage
spans (m) gradient
(Km))
NIL
(b) In the case of grade separated structures, the type of structure and the level of
the Project Highway and the cross roads shall be as follows:
Type of Cross road at
structure
S.No Location Existing Raised Lowered Remarks, if any
Length
Level Level Level
(m)
Nil
(x) Cattle and pedestrian underpass /overpass
Cattle and pedestrian underpass/ overpass shall be constructed as follows:
S. No. Location Type of crossing

Nil
(xi) Typical Cross Sections (TCS) of the Project Road
(a) The cross section type suitable at various chainages of project highway as part
of Schedule B is shown below:
Chainage (Km) Length TCS

S. No. Remarks
From To (m) Type
3 APPROACHES OF MAJOR
1 11.690 12.243 553 BRIDGE OF 2-LANE
(Fig-1) CONFIGURATION
Bridge BRIDGE OVER

2 12.243 19.055 6812.5 BRAHMAPUTRA
(Fig-2 & 3)
3 APPROACHES OF MAJOR
3 19.055 19.715 660 BRIDGE OF 2-LANE
(Fig-1) CONFIGURATION
Note:
1) Any increase in FRL and length of approaches indicated in plan
layout/detailed drawing or any other place shall not constitute Change of
Scope.
2) Any increase in lengths specified in the above table shall not constitute a
Change of Scope, save and except any increase in the length arising out of a
change of scope expressly undertaken in accordance with the provision of
Article 13.
3) Cross-section at Major Bridge/Viaduct approaches are to be followed for
matching to adjoining cross-sections with suitable transition.
4) The cross-section given in above table is indicative and stretches may increase
depending upon geometric design by contractor, and this shall not be treated
as change of scope.
(b) The indicative TCSs are presented in the following pages, the TCS with
broader view are enclosed in Alignment Plan specified as Annex-III of
Schedule-A
Typical Cross Section
Figure 1
Figure 2: Extra Dose Portion
Figure 3: Via Duct Portion
3. Intersections and Grade Separators
All intersections and grade separators shall be as per Section 3 of the Manual. Existing
intersections which are deficient shall be improved to the prescribed standards.
Properly designed intersections shall be provided at the locations and of the types and
features given in the tables below:
(i) At-grade intersections
Type of
Location of Type of
Sl. No. intersectio Other features
intersection Road/Remarks
n
NIL
The indicative layouts are enclosed in Alignment Plan as indicated Annex-III of Schedule-A.
(ii) Grade separated intersection with/without ramps
Minimum length Road to be
Sl. Salient
Location of viaduct to be carried over/under the
No. features
provided structures
NIL
(iii) Minor junctions

Chainage
S. No. Type Side Cross road detail (leading to)
(Km)
Left To Bon Gaon
1 11.705 BT
Right To Dakhinpath
4. Road Embankment and Cut Section
(i) Improvement of the existing road embankment/cuttings and construction of new

road embankment/ cuttings shall conform to the Specifications and Standards given
in Section 4 of the Manual and the specified cross sectional details. Deficiencies in the
plan and profile of the existing road shall be corrected.
(ii) Raising of the existing road shall be as per paragraph 4.2.1 of the Manual.
5. Pavement Design
(i) Pavement design shall be carried out in accordance with Section 5 of the Manual.
Further, as per Ministry Circular No. RW/NH-35072/05/2018-S&R (P&B) dated
24.08.2018, only VG-40 Grade of the bitumen shall be used for DBM layers and
modified bitumen (using polymer/crumbed rubber/natural rubber) or VG-40 grade
of bitumen shall be used for wearing coat of BC layer.
(ii) Type of pavement:
Flexible pavement shall be provided for the entire project highway.
(iii) Design requirements:
(a) Design Period and strategy
Flexible pavement shall be designed for a minimum design period of 15 years and
minimum CBR of subgrade should be 8%. Stage construction shall not be permitted.
(b) Design Traffic

Notwithstanding anything to the contrary contained in this Agreement or the Manual, the
Contractor shall design the pavement for minimum design traffic as given below.
i. Minimum pavement composition of flexible pavement for main

carriageway should be adopted for new pavement/reconstruction of road
as below:
Pavement Composition (mm)

Design Traffic
BC DBM WMM GSB
20 MSA 40 85 250 200
(iv) Reconstruction of stretches

The following stretches of the existing road shall be reconstructed. These shall be designed as
new pavement.
Sl. No. Stretch From km to km Remarks

NIL
6. Roadside Drainage
Drainage system including surface and subsurface drains for the Project Highway
shall be provided as per Section 6 of the Manual.
(i) The surface drainage along the main carriageway in RE / Retaining Wall portions of
the approaches shall be provided with necessary channels, chute drain, turfing drain
pipes etc sufficiently so that the runoff water shall drain off quickly in order to avoid
hydroplaning as per Figure 1 (TCS 3 Schedule B)
(ii) RCC covered drain shall be provided at the following stretches of built up areas:
Location of RCC Covered
S. No. Drain Side Length (km)
From (Km) To (Km)
NIL
7. Design of Structures
(i) General
(a) All bridges, culverts and structures shall be designed and constructed in
accordance with Section 7 of manual and shall conform to the cross-sectional
features and other details specified therein unless otherwise mentioned in
this document.
(b) The total width of new 2-lane extra dosed bridge and other structures shall
have the minimum requirement as follows:
Width of Bride/Structure and its

S.No. Bridge/Structure at Km
Cross Sectional elements
1 New 2-lane extra dosed bridge from Km

13+055 to Km 18+055
Carriageway width with paved shoulder 1x7.5m = 7.5m
Inspection/Maintenance Path/Footpath 2x1.50m = 3.0m
Total deck width excluding clear spacing 12.50m

for stay cable deck anchoring
2 New 2-lane PSC Segmental viaduct from Km

12+242.5 to Km 13+055 and from Km
18+055 to Km 19+055
Carriageway width with paved shoulder 1x7.5m = 7.5m
Inspection/Maintenance Path/Footpath 2x1.50m = 3.0m
Total 12.5m
(c) The following structures shall be provided with footpaths:

S No. Location at km Remarks
Km 12+242.5 to Km
1 Viaduct
13+055
Km 13+055 to Km
2 Extra Dosed Bridge
18+055
Km 13+055 to Km
3 Viaduct
19+055
(d) All bridges shall be high-level bridges.
The main bridge shall meet the horizontal and vertical clearances as per
Inland Waterway Authority of India (IWAI) guidelines, and IRC Provisions.
(e) The following structures shall be designed to carry utility services specified in
table below:
Utility service to be
S. No. Bridge at Km Remarks
carried
Km 12+242.5 to
Electric Cable and OFC Viaduct
1
Km 13+055 Cable
Km 13+055 to Km
Electric Cable and OFC Extra Dosed Bridge
2
18+055 Cable
Km 13+055 to Km
Electric Cable and OFC Viaduct
3
19+055 Cable
Note: The provision of utility services specified in above table are minimum
requirements, the Contractor has to finalise the actual requirement of any
particular utility service provision based on site conditions and in
consultation with Authority Engineer.
(f) Cross-section of the new culverts and bridges at deck level for the Project
Highway shall conform to the typical cross-sections given Section 7 of the
Manual unless otherwise mentioned in this document.
(ii) Culverts
(a) Overall width of all culverts shall be equal to the roadway width of the
approaches.
(b) Reconstruction of existing culverts:
The existing culverts at the following locations shall be re-constructed as new culverts:
Culvert Span/Opening
S. No. Type TCS
location (m)
NIL
Note: Indicative GADs are provided in Alignment Plan specified in Annex-III of

Schedule-A.
(c) Widening of existing culverts:
All existing culverts which are not to be reconstructed shall be widened to the roadway
width of the Project Highway as per the typical cross section given Section 7 of the
Manual. Repairs and strengthening of existing structures where required shall be carried
out.
Sl. Culvert location Type, span, height and width Repairs to be

No. of existing culvert (m) carried out
Nil
(d) Additional new culverts shall be constructed as per particulars given in the
table below:
Culvert Span/Opening
S. No. Type TCS
location (m)
1 12+150 1 x 1.5m Box Culvert TCS-3

Schedule-A.
(e) Repairs/replacements of railing/parapets, flooring and protection works of

the existing culverts shall be undertaken as follows:
Culvert Type of repair required

S. No. Type
location
NIL
(f) Floor protection works shall be as specified in the relevant IRC Codes and
Specifications.
(iii) Bridges
(a) Existing bridges to be reconstructed/widened/retained
i. The existing bridges at the following locations shall be re-constructed as new

Structures:
Salient Adequacy or
Bridge
details of otherwise of the New Span
S.No. Location Remarks
existing existing waterway, Arrangement
(Km)
bridge vertical clearance, etc
NIL

Schedule-A.
ii. The following narrow bridges shall be widened:

Location Existing Extent of Cross-section at deck
S. No.
(Km) width (m) Widening (m) level for widening@
Nil
iii. The following bridges shall be retained and necessary repair and re-habitation
shall be carried out as per mentioned below respective tables:
Existing span
S. No. Location (Km) Width (m) Remarks
(m)
NIL
(b) Additional new bridges/ Viaducts/Elevated Structures

New bridges at the following locations on the Project Highway shall be constructed.
Location
Span
arrangement Type of Proposed
S.No. Design Chainage Remarks, if any
Superstructure Width
(Km)
(m)
PSC Segmental +
13 X 62.5 +40 X Extra Dose + PSC 12.5 Major Bridge
1 15+649
125 +16 X 62.5
Segmental
Note (*):-
1. GADs for the 2-lane extra-dosed bridges in Figure-4 and for viaduct in Figure 5
are given below,
2. Extra dosed bridge with 40 main spans of 125m each shall be provided between
chainage Km 13+055 to Km 18+055.
3. The expansion joint in extra dosed major bridge shall be provided at mid of
every 4th / 5th Span forming a module of 4/5 @ 125.0m.
4. No major change in the span arrangement given in tentative GAD shall be

entertained unless it is required as per any constraint(s) and approved by
Authority. Any financial implication due to required such changes shall be
borne by the EPC Contractor.
5. All span of Main Bridge shall be Navigational. Considering the guidelines of

IWAI (Class VII type river as per the Gazette of India January 20, 2007 (PAUSA
30, 1928), Part-III, Section-4, IWAI), i.e. minimum requirement of 100m for
horizontal clearance between piers and vertical clearance (bottom/soffit of
girder) of 10m above HFL.
6. For extra dosed/cable supported bridge portion, minimum concrete grade for
Pylon, substructure etc. will be M - 55. Higher grade of concrete using
innovative technology can be adopted.
7. Both banks of river shall be protected by protection work along the abutment
as per codal and /or design requirement, specification utilizing existing
embankment.
8. Certificates for Wind load stability and Earth quake resistance design shall be
given by construction agency and checked by proof consultant and approved by
Authority Engineer and client.
9. 65 mm bituminous concrete wearing coat shall be provided on main bridge.
10. Crash Barrier shall be provided in accordance with IRC: 5-2015 and relevant
provision.
11. Lightning arrester shall be installed on top of all Pylons.
12. Proper electrical installing of street lighting and cabling shall be done.
Figure 4: GAD Bridge (from Km 13+055 to Km 18+055)
Figure 5: GAD New Viaduct (from Km 12+242.5 to Km 13+055)

&
(from Km 18+055 to Km19+055)
(c) The railings of existing bridges shall be replaced by crash barriers at the
following locations:
Sl. No. Location at km Remarks
Nil
(d) Repairs/replacements of railing/parapets of the existing bridges / Viaducts /
ROBs shall be undertaken as follows:
Sl. No. Location at km Remarks
NIL
(e) Drainage system for bridge decks

An effective drainage system for bridge decks shall be provided as specified in paragraph
7.20 of the Manual.
(f) Deleted
(iv) Rail-road bridges
(a) Design, construction and detailing of ROB/RUB shall be as specified in the
Manual.
(b) Road over-bridges
A new road over-bridges (road over rail) shall be provided at the following rail crossings,
as per GAD drawings attached in Alignment Plan as specified in Annex-III of Schedule-A:
Total
Type of Proposed Proposed Span
S. No. Chainage Width of the
Crossing Structure Type Arrangement
Structure
NIL
(c) Road under-bridges

Road under-bridges (road under railway line) shall be provided at the following level
crossings, as per GAD drawings attached:
Sl. Location of Level crossing (Chainage Number and length of

No. km) span (m)
Nil
(v) Grade separated structures
The grade separated structures shall be provided at the locations and of the type and length
specified in paragraphs 2 (ix) and 3 of this Annex-I.
(vi) Repairs and strengthening of bridges and structures
The existing bridges and structures to be repaired / strengthened, and the nature and extent
of repairs /strengthening required are given below:
(a) Bridges
Sl. Location of bridge (km) Nature and extent of repairs /strengthening

No. to be carried out*
NIL
(b) ROB
Sl. Location of Nature and extent of repairs /strengthening to be

No. ROB/RUB (km) carried out*
NIL
(c) Overpasses/Underpasses and other structures
Sl. Location of Nature and extent of repairs /strengthening to be

No. Structure (km) carried out*
Nil
(*) Note: The repairs and or strengthening measures given above are indicative and minimum.
Any further requirement of repair or strengthening work shall be undertaken by the
Contractor and the same shall not constitute a Change of Scope.
(vii) List of Major Bridges and Structures

The following is the list of the Major Bridges and Structures:
S. No. Location
1 15+649(MAJOR BRIDGE)
8. Traffic Control Devices and Road Safety Works
Traffic control devices and road safety works shall be provided in accordance with the Manual of
Specifications and Standards as referred in Schedule “D” and in consultation with the Authority
Engineer. The minimum provisions shall be as given below:
(i) Traffic Signs and Pavement Markings:
(a) Traffic signs and pavement markings shall include roadside signs, overhead
signs; Kerb mounted signs of retro reflective reflector and road markings of
hot applied thermoplastic material with glass reflective reflector along the
Project Highway shall be as per IRC 67 & IRC 35. The location shall be
finalized in consultation with the Authority Engineer.
(b) Minimum 02 numbers of Overhead signs shall be placed on a structurally
sound gantry or cantilever structure made of GI pipes. Its height, lateral and
vertical clearance for installation shall be as per guidance provided in IRC 67
and also as per MORTH specifications.
(c) Minimum 02 No’s of Gantry and Shoulder mounted advanced direction signs
shall be provided.
(d) Proper delineators on bridge crash barrier shall be provided.
(ii) Reflecting Sheeting shall be as per paragraph 9.3 of the Manual.
(iii) Instrumentation and Monitoring System for Stay Cables shall be put in place for
safety during use of cable-stayed bridge as specified in Annexure I of Schedule-C &
Annexure II of Schedule-D.
9. Roadside Furniture
(i) Roadside furniture shall be provided in accordance with the provisions of Section 9 of
the Manual. Following minimum requirements shall be fulfilled:
(a) Road Marking:
Road marking as per IRC: 35 shall be of hot applied thermoplastic material with glass
reflectorizing beads as per relevant specifications, and this shall be provided at edge
side, lanes and median side.
(b) Road Delineator:
Circular iron posts of 1.0 m height or concrete or manufacture product with retro
reflective reflector as per IRC: 79 shall be provided at necessary locations.
Hazard markers shall be provided as given in IRC: 67. In addition, the objects close to
the road shall be painted with black & yellow stripes using the paint conforming to IS:
164.
(c) Reflective Pavement marker ( Road Studs):
The reflective pavement markers (RRPM) i.e. road studs shall be provided to improve
the visibility in night time and wet weather conditions. These shall be prismatic retro
reflective type conforming to ASTM D 4280. This shall be provided throughout the
project.
10. Compulsory Afforestation
Approximately total of 200 numbers of trees are identified to be affected in the

proposed ROW. As per environmental guidelines new trees shall be planted, at least
two sides the number of trees felled / affected to be planted.
11. Hazardous Locations
(i) The safety barriers shall also be provided at the following hazardous locations:
Sl. No. Location stretch from (km) to (km) LHS/RHS
1 On Embankments, approaches, Sharp curve and as per IRC Manual
(ii) Details of RE Wall/ Retaining Wall Locations
The following are the RE wall / Retaining Wall locations:
Design Chainage (Km)

S. No. Total Length(m) Remarks
From To
1 11.690 12.243 2 x 553 = 1106 * Both Sides
2 19.055 19.715 2 x 660 = 1320 * Both Sides
* With protection work of kerb channel with chute drain and pitching on slope.
12. (a) Special Requirement for Hill Roads
Nil
12. (b) Special Requirement of Project Highway
(i) The 2-lane extradosed bridge shall be designed as architecturally/aesthetically

marvellous structure. The EPC contractor shall have design competition for pleasing
visual impression of the proposed bridge before finalizing structural design.
(ii) Bridge Health Monitoring System (BHMS):-
Health monitoring shall be provided by agency till completion of defect liability. The
most common objectives for monitoring a bridge are to obtain quantitative data about
the structural behavior in order to confirm design assumptions and to provide real-
time feed-back during construction.
The contractor shall develop a “Bridge Health Monitoring System” to be provided in

the project for continuous monitoring of major bridge during its life span so that the
safety, early warning and durability of the bridge may be ensured. The Bridge Health
Monitoring System would be helpful in serving as an alarm system for would be
detection of any deteriorate in functioning and taking timely action in preventing any
sudden catastrophic failure. The Bridge Health Monitoring System shall include the
establishment of various censor and other instrument at different part of the bridge
structure to observe the behavior of the structure round the clock and a report would
be generated at a local control center equipped with computers for taking suitable
action as and when required.
The Monitoring Based Maintenance (MBM) system will enable the bridge
maintenance engineers to monitor the condition of bridge on real time basis. The
sensors may be installed on foundation, sub-structures, main cables, pylons,
expansion joints, rails, bearings, decks, towers, etc. to detect the strain, tilt, deflection,
vibration amplitudes, stiffness, acceleration, temperature and wind. The inputs shall
be processed to represent the condition of the bridge against seismic load, wind load
and any other structural deficiency. The wind direction and wind speed may be
measured by the anemometer near the middle of the spans along with the transversal
displacement of the related girder.
The “Bridge Health Monitoring System” shall be developed as per International

specifications and to the satisfaction of Authority Engineer.
Data control device shall be installed in the control room for analyzing
recorded data, such as, time history data graphing, statistical and analytical
processing through data processor. The weather station shall also be integral part of
data control device. The weather station shall be installed at suitable location to
measure wind velocity, wind direction, air temperature and barometric pressure.
The reliable & durable system shall be based on seniors like, Accelerometer,
Local Cell, Anemometer, Temperature sensors LCD, RF Module, GSM Module in 850 to
900MHz, ‘SMART’ Technology/Structures.
The bearing sensors like Pressure sensors, Inclination sensors, Inductive

sensors, Wire Displacement sensors shall be installed for ongoing impression of the
condition and performance of the bearing & the structures.
The BHMS shall be designed to serve different purpose at different stages in

the bridges life-cycle – first during the construction stage and then during its service
life. The sensor functionality shall vary as the structures builds, as follows:
(iii) The maximum stretch of the proposed project falls in the Brahmaputra river land,
hence the embankment construction shall be in such a way that it shall be protected
from the rise in water level due to rains, floods and monsoon. The embankment
protection is an integral part of Embankment construction. The Protection of the
river bank in the Elevated Structure portion shall also be done in proportion to the
Construction length of the structure for the safety of the bank in this region. To
understand the exact river behaviour throughout the year following points needs to
be review:
(a) Observations for Hydrological Data: To establish a data acquisition network in
the area to observe water level, velocity and discharge in both the channels so
that the studies on certain assumptions/ limitations can be modified to take
care of observed data for assessing the hydraulic design parameters

accurately for bridge and protection works during next stage of detailed
engineering /construction.
(b) Hydraulic Model Study: Modelling by scaling down the geometrical
dimensions of river, structures and other temporary / permanent features to
validate them in prototype for hydraulic behaviour of the river, is a
convenient method of river behaviour study with and without man’s
intervention. There are number of complex factors in the design of
hydrological structures, therefore, adequate answer to various problems
cannot be obtained by analytical methods. Small scale models have, therefore,
become effective and handy for hydraulic design engineers as it is possible to
impose design condition on the model for any number of times and
sufficiently for longer duration to have thorough testing. Physical model
study is valuable to arrive at various guide lines for an optimum design of
bridge length and protection measures based on the field river configuration
and tested on the model.
(c) Recommendation for Hydraulic Model Study: Ideally the hydraulic model
(physical model) test should be done to decide the exact location and layout of
protection works based on the river configuration during construction. Model
should be retained till the construction of bridge for monitoring river
behavior post monsoon and effects of manmade structures inside the khadir
are being undertaken on a yearly basis and timely steps being undertaken to
mitigate damage and control erosion to the protection works/banks etc.
(iv) Suitable measure to be adopted not to affect the Flora and fauna and disturbance to
aquatic life.
(v) Any construction material should not be disposed in the Brahmaputra River. All
precautions have to be taken by the Contractor, particularly at all stages of
construction of the main bridge, that no solid or liquid waste/released material is
dumped in the River Zone area. The solid waste shall be properly collected,
segregated and disposal as per provision of Solid Waste (Management and Handling)
Rules, 2000.
(vi) All the Environmental mitigation measure is mandatorily to be taken during various
stages of construction.
(vii) After the completion of maintenance period, the illumination shall be done by State
Government.
2
13. Change of Scope
The length of Structures and bridges specified herein above shall be treated as an
approximate assessment. The actual lengths as required on the basis of detailed
investigations shall be determined by the Contractor in accordance with the
Specifications and Standards. Any variations in the lengths specified in this Schedule-
B shall not constitute a Change of Scope, save and except any variations in the length
arising out of a Change of Scope expressly undertaken in accordance with the
provisions of Article 13.
Schedule - C
(See Clause 2.1)
Project Facilities
1. Project Facilities
The Contractor shall construct the Project Facilities in accordance with the provisions of this
Agreement. Such Project Facilities shall include:
(i) Roadside furniture;

(ii) Pedestrian facilities;
(iii) Street lighting;
(iv) Vehicles for Authority:
(v) Rainwater Harvesting;
(vi) Slope Protection;
(vii) Utility Crossing;
(viii) Monitoring Equipment for Stay Cables;
(ix) Bridge Health Monitoring System (BHMS) and
2. Description of Project Facilities
Each of the Project Facilities is described below:
(i) Toll Plaza:
Toll Plazas shall be provided in accordance with the Manual of Specifications and
Standards as referred in schedule “D”.
Design
No of Lanes Location Remarks
Chainage
NIL
(ii) Road side furniture:
Road side furniture such as Metal Beam Crash Barrier at high embankment locations,
Boundary Stones, Hectometer / Kilometer Stones and any other road side furniture shall be
provided all along the project road in accordance with the Manual of Specifications and
Standards as referred in Schedule “D” and in consultation with the Authority Engineer.
(iii) Pedestrian facilities:

Pedestrian Facilities shall be provided in accordance with the Manual of
Specifications and Standards as referred in schedule “D”. The minimum provisions shall
be as given below:
(a) Footpaths: Minimum width of 1.5m footpaths shall be provided as per

Schedules-B.
(b) At grade pedestrian crossings shall be provided for all the intersections of
cross roads with service roads and entry exit ramps. At grade pedestrian
crossing shall be controlled. Controlled form of crossing shall be achieved
through provision of Zebra Crossings, whether at signalised intersection or
pedestrian actuated signal.
(c) The RCC staircase (dog legged type with tread rise and landings) for the
pedestrian to access footpaths from ground level shall be provided at the
locations given below:
S.No. Location (Km) Remark
1 12+242.5, Viaduct Start of Proposed Viaduct, Mjauli Side
2 19+055, Viaduct End of Proposed Viaduct, Jorhat Side
(iv) Landscaping and Tree plantation:
Landscaping and tree plantation shall be provided in accordance with the Manual of
specifications and Standards as referred in schedule “D”. The minimum provisions shall
be as given below:
(a) The landscaping and tree plantation shall include provision: Service area,
Interchanges, Entry and Exit ramps, Toll plaza area and Rest areas.
(b) Tree planation to the extent of number and species as decided by
Environmental / Forest / Revenue Authority for the entire project Highway.
(c) Confirming to IRC-SP: 73-2018 and IRC: SP-21.
(v) Truck lay-byes:
Locations for proposed truck lay-byes are as follows:
Design
S. No. Side Remarks
Chainage
Nil
It shall be constructed in accordance with the Manual of Specifications and Standards as

referred in schedule “D”.
(vi) Bus bays and Bus Shelters:
Bus bays / Bus Shelter shall be provided at following locations as minimu m in
accordance with the Manual of Specifications and Standards as referred in schedule “D”.
Approximate
S. No. Side (Left/Right) Location Remark
location
Approximate
S. No. Side (Left/Right) Location Remark
location
NIL
(vii) Street lighting:

The Street/Highway lighting shall be provided on the Entire Project Highway Length with
provision of High Mast Light at Toll Plazas, Truck Lay byes, Intersections and
recreational areas in accordance with Manual of Specifications and Standards as
referred in schedule “D”. The minimum provisions shall be as given below:
(a) Highway lighting Single Arm Poles (268 No’s minimum) shall be provided in
accordance with Manual of Specifications and Standards as referred in
schedule “D”. Location shall be finalised in consultation with Authority
Engineer.
(b) Solar Lighting shall be provided at all minor junctions, apart from above
locations, highway light shall be provided as per IRC-SP 73 2018.
(viii) Telecom system:
Emergency call boxes shall be provided at an interval of 2km in accordance with Manual
of Specifications and Standards as referred in schedule “D”.
(ix) Vehicles for Authority:
01 nos. of SUVs of minimum 2500 cc capacity, Diesel driven, Air Conditioned, Power
Windows, Air Bags with all essential safety features shall be provided 1 each for the use
of representatives from MORTH RO Guhawati. These vehicles including running,
maintenance and with Driver shall be provided for the entire period of construction and
also for O&M period.
(x) Rainwater Harvesting:
As per Ministry of Environment and Forests Notification, New Delhi dated 14.01.1997 (as
amended on 13.01.1998, 05.01.1999 & 6.11.2000), the construction of Rain water, harvesting
structure is mandatory in and around Water Crisis area, notified by the Central Ground Water
Board.
(xi) Slope protection:
The slope protection by lawn or any other method using green technology will be provided at
locations, where embankment height is more than 1.00 m and in approaches of
Viaducts/Flyover/bridges as per Manual and as decided by Authority’s Engineer/NHAI.
(xii) Utility Crossing:
Utility ducts in form of 600mm dia. Hume pipe shall be provided across the Project Highway
along with crossing facility at every 1.0 km interval of road portion only and without bridge
portion and along with inspection chamber for cross of underground utilities. Location for such
utility crossing shall be finalized in consultation with Authority Engineer.
(xiii) Monitoring Equipment for Stay Cables:
The monitoring equipment for Stay Cables should be furnished by the EPC Contractor
as per Manufacturers recommendations as mentioned in the 7 (iii) (b) Schedule-B.
The load cells and Bi-directional accelerometers may be installed for permanent
monitoring the stay cables.
(xiv) Bridge Health Monitoring System (BHMS):-
The most common objectives for monitoring a bridge are to obtain quantitative data
about the structural behavior in order to confirm design assumptions and to provide
real-time feed-back during construction.
The contractor shall provide and develop a “Bridge Health Monitoring System
(BHMS)” at its own cost in the project for continuous monitoring of major bridge
during its life span so that the safety, early warning and durability of the bridge may
be ensured. The Bridge Health Monitoring System would be helpful in serving as an
alarm system for would be detection of any deteriorate in functioning and taking
timely action in preventing any sudden catastrophic failure. The Bridge Health
Monitoring System shall include the establishment of various censor and other
instrument at different part of the bridge structure to observe the behavior of the
structure round the clock and a report would be generated at a local control center
equipped with computers for taking suitable action as and when required.
The Monitoring Based Maintenance (MBM) system will enable the bridge
maintenance engineers to monitor the condition of bridge on real time basis. The
sensors may be installed on foundation, sub-structures, main cables, pylons,
expansion joints, rails, bearings, decks, towers, etc. to detect the strain, tilt, deflection,
vibration amplitudes, stiffness, acceleration, temperature and wind. The inputs shall
be processed to represent the condition of the bridge against seismic load, wind load
and any other structural deficiency. The wind direction and wind speed may be
measured by the anemometer near the middle of the spans along with the transversal
displacement of the related girder.
The “Bridge Health Monitoring System” shall be developed as per International

specifications and to the satisfaction of Authority Engineer.
Data control device shall be installed in the control room for analyzing
recorded data, such as, time history data graphing, statistical and analytical
processing through data processor. The weather station shall also be integral part of
data control device. The weather station shall be installed at suitable location to
measure wind velocity, wind direction, air temperature and barometric pressure.
The reliable & durable system shall be based on seniors like, Accelerometer,
Local Cell, Anemometer, Temperature sensors LCD, RF Module, GSM Module in 850 to
900MHz, ‘SMART’ Technology/Structures.
The bearing sensors like Pressure sensors, Inclination sensors, Inductive

sensors, Wire Displacement sensors shall be installed for ongoing impression of the
condition and performance of the bearing & the structures.
The BHMS shall be designed to serve different purpose at different stages in

the bridges life-cycle – first during the construction stage and then during its service
life. The sensor functionality shall vary as the structures builds, as follows:
During bridge construction phase (Temporary):
 Accelerometers on cables: Vibration frequency and force in cable

 3D structural accelerometers at deck: Measuring frequencies of deck vibration
and determining natural frequencies
 2D Inclinometers at pier: Inclination of pylon during construction phase
 2D Inclinometers at deck: Inclination of deck during construction phase
 Air temperature and humidity: For correlation with structural parameters
During the bridge’s service life (permanent):

 Accelerometers on cables: Vibration frequency and force in cable
 Structural accelerometers at pier and deck (2D and 3D): Vibration frequency
 2D Inclinometers at pier: Inclination of pylon when bridge in service
 Displacement sensors at expansion joint: Movement of deck at its end
 Wing-speed and direction at piers and deck: For correlation with structural
parameters
 Air temperature and humidity: For correlation with structural parameters
The cable monitoring part of BHMS or SHMS shall be designed with accelerometers
on cables to ensure no distortion of structures load distribution due to thermal,
traffic, seismic or any other forces and to provide data on the cables damping
coefficients and remaining service lives.
The BHMS shall be designed to continuous record the dynamic movements and
stresses in the bridge, along with environmental forces.
The contractor shall preferably procure pre-integrated sensors in the factory into
the key structural components to optimize data.
The sensors shall be replaced after worn down, reduction of errors, reduction of
sensor maintenance, reduction in frequency of inspections etc. and the same shall be
updated with new technologies.
The new sensors consist of mechanical displacement sensors with a rotational joint
shall be installed at bearings etc. to take all movements.
The locations and number of sensors shall be examined and decided by the Authority
Engineer keeping in view of International practices being adopted.
Installation of strain gauges with DIC sensor (Digital Image Correlation) shall be
installed in deck of the bridge.
Corrosion in the pylon base structure is supervised by embedded chloride ion sensors
and embedded Corrosion sensors.
Traffic analysis by laser analyzer for the calculation of lane usage, average lane speed
and vehicle classification are installed to log traffic influence to the structure (two for
each traffic lane).
A Video traffic surveillance system is installed for detection of accidents, queues

anomalous behaviors by use of 30 frames per second. The chosen color cameras are
capable of night time usage (two for each lane).
Software operating system is to be based on Linux software. Manuals for BHMS are to
be provided in electronic format (PDF) and also on hard copy. The user manual and
all other manuals are to be in English.
The firm shall provide the required technical/ non-technical staffs during the
construction and maintenance periods.
The electrical equipment’s shall be suitably designed for voltage 415V, AC, 50
Hz for 3 phase units and 230V, AC, 50Hz for single phase unit.
Generally, following sensors will be installed:

1. Magneto elastic Force Sensor
2. Wind/Weather Measurement
3. Wind Measurement
4. Structural Temperature, concrete
5. Structural Temperature, steel
6. Temperature and humidity sensor
7. Seismic Measurement
8. Corrosion Sensor, concrete
9. Acceleration Measurement, stay cables
10. Acceleration Measurement
11. Traffic Monitoring
12. Traffic Analysis
13. Temperature Compensated strain, bolt able
14. Temperature Compensated strain, glue able
15. Tilt of the deck
16. Pylon tilt
17. Displacement of the deck at the expansion joints.
18. The following provision shall also be installed:-
SN DESCRIPTION LOCATION SENSORS *QUANTIT REMARKS

TYPE Y
1 GPS for pylon On top of GPS 6 3d movement

movement pylon Rover+ monitoring, better
monitoring base than inclinometer,
station but more expensive.
2 Strain monitoring Mid Span, Resistance 12 Monitor the stresses
in structural pied of strain on structural element
elements pylon gauges such as pylon and
girder (03 sections x
4SG)
3 Temperature Mid Span, RTD 6 Monitor the

monitoring in pied of temperature on
structural pylon structural element
elements such as pylon and
girder (06 sections x
1RTD)
4 Stay Cable tension At each VSL Mono 10 -20 Monitor cable
stay cable load cell tension
on ½ of a
plan
5 Cable Vibration On Longest 2D 6 For dynamic
2(D) cables accelerom characteristic of stay
eters cable monitoring
such as natural
frequencies
6 Cable Longest RTD 6 For tension
Temperature cable measurement
adjustment due to
temperature
variation
7 Structural Mid Span, 3D 6 For dynamic
vibration Mid of accelerom characteristic of
pylon eters structure monitoring
such as frequencies,
sharp modes
8 Wind direction Mid Span Wind 1 Wind direction and
and velocity sensors velocity
9 Rainfall Mid Span Rain gauge 1 Rainfall quantity
10 Ambient Mid Span RTD 1 Ambient
temperature temperature
Ambient humidity Mid Span RH 1 Ambient humidity
Note:- (1) These are minimum indicative & tentative quantities which shall be finalized
as per International best practices being adopted during construction with the approval
of Authority Engineer.
(2) All thes instrument shall be monitored through a central control room. Arrangement
for providing optical fiber cables connecting all these instruments to control room and
allied monitoring system has to be provided with communication system. The central
control room of minimum size of 300 sqm with control monitoring system shall be
provided by the contracting agency with monitoring technical staff during entire period
of contract. No Change of Scope (CoS) would be admissible on these system.
Note:
In case of any discrepancy in numbers or location of any of the Project Facilities mentioned in
Schedule-C, the Authority Engineer shall finalize the numbers/Location of these facilities as
per site requirement.
Schedule - D
(See Clause 2.1)
Specifications and Standards
1. Construction
The Contractor shall comply with the Specifications and Standards set forth in Annex-
I, Annex-II and Annex-III of this Schedule-D for construction Project Highway.
2. Design Standards
(i) The Project Highway is 2 – lane divided Carriageway Highway which includes
“Construction of New Two Lane Bridge Including Approaches Over Brahmaputra
Between Majuli on North Bank and Jorhat on South Bank From Km 11+690 to
19+715 of NH 715 K – Length of Bridge 6812.5 m (Part 1 of Package– II) in the State
of Assam on EPC Mode.” The Typical Cross Sections (TCSs) for projects Highway are
given in Clause 2 (xi) of schedule B.
(ii) The Project Highway including Project Facilities shall conform to design requirements
set out in the following documents:
(a) Manual of Specifications and Standards for Two Laning of Highways (IRC:
SP:73-2018) referred to herein as the Manual and all the other latest IRC
Codes, specifications and circulars issued by MoRTH unless otherwise
specified in the schedules of this agreement.
Annex – I
(Schedule-D)
Annex-I : Specifications and Standards for Construction
1. Specifications and Standards
All Materials, works and construction operations shall conform to the “Manual of
Specifications and Standards Two Laning IRC: SP: 73:2018”, as applicable referred to
as the Manual (s), and MoRTH Specifications for Road and Bridge Works. Where the
specification for a work is not given, Good Industry Practice shall be adopted to the
satisfaction of the Authority’s Engineer.
2. Deviations from the Specifications and Standards
(i) The terms "Concessionaire", "Independent Engineer" and "Concession Agreement"

used in the Manual shall be deemed to be substituted by the terms "Contractor",
"Authority's Engineer" and "Agreement" respectively.
(ii) Notwithstanding anything to the contrary contained in the Paragraph (i) above, the
following Specifications and Standards shall apply to the Project Highway and for the
purposes of this Agreement, the aforesaid Specifications and Standards shall be
deemed to be amended to the extent set forth below:
Clause
S. Provision as per Description of
referred in Item
No. Manual Deviation
the Manual
2 lane
1 7.3 Width of Structures carriageway as per As per Schedule-B
fig 7.6
For, the design purpose of main Two Lane new Bridge, approach viaduct, minor bridges,
ROBs, embankment and other structure the EPC contractor shall adopt the Indian
standards/codal provisions. All the relevant loads, specification, analysis & tests shall be
taken/carried out as per Indian codes IRC, MORTH and BIS for road and bridge works.
Where the Contractor intends to use an alternative to these Standards and Guidelines for
delivering an equal or better product, he shall be permitted to use such alternative subject
to the following conditions:
(a) He shall demonstrate that the proposed alternative conforms to any of the
following International Standards, Codes of Practice, Specifications,
Guidelines, etc.
i. IRC revised codes or new codes or amendments to existing codes which
are effective after the date of calling of bid,
ii. American Association of State Highway and Transportation Officials

(AASHTO),
iii. American Society for Testing of Materials (ASTM),
iv. Euro Codes
v. National Standards of any of the following countries: United States of
America (USA), Canada, United Kingdom (UK), France, Germany, Sweden,
Denmark, Norway, Netherlands, Spain, Australia, New Zealand, Japan and
South Africa.
(b) In case the Concessionaire intends to use any alternative material,
technology/method, whether patented or otherwise, that is not specifically
covered in the Indian or International Standards as listed above, but the use of
which has been permitted on similar projects (similar in category of road,
traffic and climatic conditions) as the Project Highway, he would be permitted
its use on certification by the owners of such similar projects regarding the
continued successful performance of such materials, technologies, methods,
procedures or processes for at-least 5 years of the service life of the project.
Such a certification shall be supported with details of critical performance
parameters.
(iii) In the project congestion factor as per IRC shall be applied.
(iv) In the project Special Vehicle (SV) loading as per IRC shall be applied.
(v) All tests including Wind Tunnel Test and Model Studies shall be carried out.
(vi) The bridge shall be designed for 100 years or more according to the IRC.
(vii) In case of load tests for large diameter piles, the contractor shall carry bi-directional
O-load – cell test.
(viii) All items of building works shall conform to Central Public Works Department
(CPWD) Specifications for Class 1 building works and standards given in the National
Building Code (NBC). For the Project Highway through the state entity, to the extent
specific provisions for building works are made in IRC/MORTH Specifications, the
same shall prevail over the CPWD/NBC provisions. All Materials, works and
construction operations shall confirm to Annex-II of Schedule D and if not available
in the aforesaid Manual.
Annex – II
(Schedule-D)
Annex-II : Specifications and Standards for Construction Extra-dosed Bridge
1. Description
This specification is for the construction of Extradosed Bridge. An Extradosed bridge

is frequently described as a blending between a box girder bridge and a cable-stayed
bridge. A typical cable stayed bridge has a tower with a height above the deck at least
half the span to the next support, since the cables are the vertical support and must
come at a relatively high angle. In an extra-dosed bridge, the deck is directly,
supported by resting on part of the tower, so that in close proximity to the tower the
deck can act as a continuous beam. The cables from a lower tower intersect with the
deck only further out, and at a lower angle, so that their tension acts more to
compress the bridge deck horizontally than to support it vertically. Thus, stay cables
act as prestressing cables for a concrete deck, made of a box girder. The extra-dosed
bridge resembles more closely that of a continuous girder bridge with external
prestressing. The main characteristic of extra-dosed bridges is the arrangement of
external cables, in addition to those placed inside the girder. The stay cables behave
like external prestressing cables anchored to the pylons at one end and deck at the
other end.
2. Materials
a. Concrete
Construct concrete according to “Section 1700 STRUCTURAL CONCRETE” of MoRTH
Specifications for Road and Bridge Works.
b. Reinforcing Steel
Construct reinforcing steel according to “Section 1600 STEEL REINFORCEMENT” of
MoRTH Specifications for Road and Bridge Works.
c. Prestressing
Construct prestressing steel according to “Section 1800 PRESTRESSING” of MoRTH
Specifications for Road and Bridge Works.
3. Construction
a. General
The Contractor shall be responsible for geometric control of construction such that
the completed structure will conform to the lines, grades, and dimensions and cable
stresses on the Plans accepted by the Authority’s Engineer.
b. Construction requirements
1. The Contractor shall submit to the Authority’s Engineer a proposal detailing the
construction sequence. The submission shall incorporate detailed methodology,
shop and erection drawings of the proposed construction sequence, together with
the corresponding complete and checked erection design calculations in every
erection step to obtain the correct elevation in the completed bridge. The package
shall be submitted at least twelve (12) weeks prior to the commencement of
construction of the superstructure for the Authority’s Engineer’s approval. Include
the following to perform prestressing:
2. The program of dimensional survey of all construction works will be subject to the
approval of the Authority’s Engineer. The Contractor shall employ a suitably
qualified Erection Authority’s Engineer (Professional engineer), preferably from
the company preparing the erection design calculations, and experienced in
erection Authority’s Engineering and geometry control on a similar bridge project,
to review survey data during each individual erection phase, and to determine
alignment of the pier form and form mover and recommend adjustments to
geometry necessary to correct any deviations from the planned alignment.
3. Setting points situated at support lines shall be presented in the Drawings. These
points will be acting as coordinate points for the bridge structure. When surveying
the structure, the required tolerances shall be taken into consideration. In order to
find out the standard error and deviation, each survey shall be carried out from a
different base point. Positioning surveys and inspection surveys of the completed
structure shall be documented. The positioning survey, the standard error and
deviation in the measurements of the structure shall be documented.
c. Tolerance
The tolerances define the maximum discrepancies between the theoretical reference
dimensions and the dimensions measured in-situ by topographical survey that will be
admitted without penalty upon final acceptance of the works.
(a) Bridge and superstructure Deck - Erection tolerances:
The guide pipes for cable anchorages in the deck and in the pylon shall be installed to
the following tolerances:
 Globally in levels: ± 25 mm
 Laterally relative to the pylon and box girder centre ± 10 mm
 Vertically relative to the box girder soffit. ± 10 mm
Within 48 hours of completion of each stay stressing operation the Contractor shall
provide to the Engineer the following information:
 Climatic data
 Stay force and extension, on each side
 Level of control points situated at mid-segment, on the stay anchorage axis,
before stay installation and after the tensioning, for a survey achieved at mid-
morning,
 Pylon top horizontal movement,
In addition, at the time of every stay pair installation, the Contractor shall survey the
entire deck profile for comparison with theoretical values, taking in account the actual
temperature and actual construction loading, for instance the strand coils.
All measurements shall be taken at the time of day when the effects of solar gain (or
loss) on the structure are at a minimum (normally, between 9 and 11:00 a.m.)
The maximum deviation from the theoretical deck profile, for any stage of construction,
shall not exceed ±25mm.
If the measured deck profile after temperature and other adjustments does not
correspond with the theoretical deck profile from the stage by stage analysis by more
than the permitted deviation the Contractor shall propose the most appropriate
corrective action.
This corrective action shall, subject to the consent of the Engineer, be immediately
incorporated into the Contractor’s method of working.
The permitted deviation in the actual deck profile from the theoretical deck profile
after mid span closure, but prior to the installation of the surfacing and bridge
equipment, shall not exceed ±25 mm.
(b) Prestressing
Installation tolerance of deviators for external prestressing tendons shall satisfy the
following requirements:
 Longitudinal direction: not more that L/200 or 10mm

 Transverse direction: not more than the smallest of L/200, T/80 or 10mm
 Vertical direction: not more than the smallest of L/200, V/80 or 10mm
 Angle: not more than 5/100 radian
Where, L=Free length of the cable (mm)
T=Width of bottom slab (mm)
V=Height of box girder (mm)
d. Superstructure
Situated on the rivers, the segments shall be erected using the traditional symmetric
balanced precast segmental cantilever method (BCM), using pairs of Derrick Crane
(DC). The deck system consists of a posttensioned precast concrete box girder section,
where a structure is built outward from a fixed point to form a cantilever structure,
without temporary support, using staged precast segmental construction. When two
opposing free cantilever structures are attached as a single structure and erected in the
same step, it is known as ‘balanced cantilever’. This erection method utilizes derrick
crane where box girder sections are lifted up and post-tensioned. Precasting of
segments with Shear keys, epoxy jointing of segments and other process not mentioned
herein shall be applied in accordance with MoRTH Specifications for Road and Bridge
Works (Fifth Revision 2013).
 Pier head segments need to be the minimum length required for the installation of
derrick crane.
 Details and computations of the cast-in-place concrete forming system should be
submitted to the approval of the Authority’s Engineer. This includes maximum
loadings and stresses created because of equipment and concrete; deflections
during placement and temporary supports; and a detailed step-by-step procedure
for placement, stressing, and form advancement.
 Camber shall be monitored at each stage of construction. The constructor should
submit a survey plan depicting proper erection to the final grades and cambers.
 Recommended erection tolerance from the predicted alignment is ±1 in (±25mm)
 Typical balanced method’s cycle is:
1. Installing the derrick crane (DC).

2. Lifting up a precast segment.
3. Post tensioning and pumping the grout into the duct
4. Setting forward DC and installing stay cable for cable anchor segment.
5. Doing the same way for next segment before closure segment
e. Pylon
The pylon is constructed ‘in situ’ with formwork and falsework.

 The Contractor shall submit documentation to the satisfaction of the Engineer
demonstrating that the proposed mix design(s) will satisfy the strength,
durability, and performance requirements.
 The Contractor shall construct the formwork and falsework in accordance with
the submitted Shop Drawings. Variations from the formwork and falsework Shop
Drawings will not be permitted unless the Engineer is provided with revised
Shop Drawings that have been sealed, signed and dated by the Professional
Engineer.
 Formwork and falsework are both structural systems. Formwork contains the
lateral pressure exerted by concrete placed in the forms. Falsework supports the
vertical and/or the horizontal loads of the formwork, reinforcing steel, concrete,
and live loads during construction.
 The Contractor shall set falsework, to produce in the finished Structure, the lines
and grades indicated in the Contract Plans. The setting of falsework shall allow
for shrinkage, settlement, falsework girder camber, and any structural camber
the Plans or the Engineer require.
f. Stay Cables
i. Description
Supply, fabricate, deliver, test, store, install, stress, re-stress, adjust, repair and/or
replace damaged components (if necessary), and permanently protect stay cables.
Stay cables include, but are not limited to, main tensile elements (strands), strand
sheathing, complete anchorage components, wedges, bearing plates, sealing
components, damping devices, anti-vandalism tubes, temporary and permanent
corrosion protection provisions, and components which are part of the structure,
such as the anchor pipes/guide pipes, erection devices and equipment, and all
incidental materials and labor necessary to construct the stay cables in accordance
with the Plans, Standard Specifications, and Special Provisions.
Conform the stay cable system to the following criteria:
a) Install and tension each strand individually (mono-strand tensioning).

b) Protect each strand individually against corrosion. Coat and fill the strands and
interstices that are extruded through high density polyethylene (HDPE) sheath
with petroleum wax.
c) Ability to remove and replace each strand individually.
d) Prepare the outer sheath using two layers of co-extruded HDPE pipe, un-grouted,
inner black layer, outer layer color to be selected by Owner, and double external
helical ribs (if necessary).
e) Install anti-vandalism tubes on the lower part of the cables.
Stay cables are to be provided in accordance with the PTI Recommendations for Stay
Cable Design, Testing and Installation unless otherwise noted. These Special
Provisions are intended to complement the PTI recommendations (PTI DC45.1-12). In
cases of disagreements, these Special Provisions for stay cables shall govern over the
PTI Recommendations.
ii. Materials
1. General
Provide stay cables that consist of parallel, individually polyethylene coated seven-
wire strands, placed inside an external polyethylene stay pipe.
Provide redundant protection against corrosion of the strands, by means of two
complementary, nested barriers:
1) Make the first or internal barrier an internal envelope and an intermediate
medium between the internal envelope and the main tensile element (MTE) to
protect each strand individually. Make the internal envelope completely airtight,
watertight and qualified as a corrosion barrier. Maintain the airtight, watertight,
and corrosion barrier internal envelope between the end anchorages, or
throughout the free length, transition areas and through the pylon. Use an
intermediate medium to prevent any water or moisture that might get inside a
damaged internal envelope from migrating along the length of the individual
MTE’s.
2) Use a second or external barrier that is a continuous external stay pipe protecting
the internal barrier over the free length of the cable.
3) Additional corrosion protection may be provided by hot dip galvanic coating

applied directly to the wires of the strand over their entire length without
interruption. If provided, comply galvanized strand with the French Norm NF A
35-035 and make strand meet or exceed the requirements of ASTM A416.
If the stay cable and anchor heads and/or the individual stay cable strands proposed
have different dimensions and/or support details other than those shown on the
Plans, re-design the stay cable anchorage areas and details at the box girders such
that they are compatible with the remainder of the structure, subject to approval by
the Engineer.
2. Strand
Use 15.2mm diameter, Grade 1860, fy = 0.90 f's, weldless grade, low-relaxation seven-
wire strand for stay cables. Conform to the requirements of ASTM A416/A416M.
Strand will have relaxation losses of not more than 2.5% when initially loaded to 70%
of specified minimum breaking strength, or not more than 3.5% when loaded to 80%
of specified minimum breaking strength of the strand after 1000 hours when tested
under conditions of ASTM A416/A416M.
Furnish the strand in coils on wooden or steel reels with padded contact areas,
wherever possible. Protect each coil with a manufacturer approved method so that a
strand has no adhering foreign matter or damage to the corrosion protective coating,
including that from ultraviolet exposure. Seal the ends of the strand to prevent
intrusion of moisture into the annular space between the seven wires. Make no welds
or joints in the finished strand.
Upon delivery, properly store the strand in a weatherproof enclosure. Mark each coil
with the order number, coil number and heat number. Also mark the starting end of
each coil. When uncoiled, the strand will lay straight with a maximum deviation not
exceeding ½-inch offset from a theoretical centerline in any ten feet of length. The
Engineer may reject any strands with sharp kinks or short radius bends.
The Engineer may reject any strand represented by test samples that do not meet the
requirements of this specification. Replace the strand or, alternatively, strip it of
coating, re-clean, recoat and resubmit it for acceptance testing in accordance with the
requirements of this specification.
Cut strands using abrasive saws or shear. Do not use flame cutting.
3. Internal Corrosion Barrier
Produce the internal barrier using a high-density polyethylene (HDPE) sheath

extruded directly onto the strand, previously coated and filled with petroleum wax.
1) Individual HDPE sheath

Make the individual HDPE sheaths of high density black polyethylene classified PE 80.
Do not use recycled materials. Comply with the following physical and mechanical
specifications regarding extruded sheath:
Character Specified Value Specified Test Method
Density at 23°C > 950 kg/m3 NF EN ISO 1183
Melt flow Index of 5 kg at 190°C < 0.25 gram per 10 NF EN ISO 1133
minutes
Flexural modulus > 800 MPa on average ISO 178
Tensile stress at yield point at 18 MPa NF EN ISO 527
23°C
Ultraviolet radiation stability condition E ASTM D 3350
Carbon-black content 2.3 ± 0.3% by weight ISO 6964
Carbon-black dispersion index <3 ISO 11420
Carbon-black distribution level < C2 ISO 11420
Anti-oxidant content in the final > 1000 ppm
composition of the HDPE
Melting temperature > 130°C ISO 3146
Oxidative induction time at 200°C > 20 minutes ISO/TR 10837
or ASTM D 3350
Elongation at fracture at 23°C 500% NF EN ISO 527
Elongation at fracture at -20°C 100% NF EN ISO 527
Izod impact strength at 23°C > 20 kJ/m2 NF EN ISO 180
Stress cracking resistance at > 1000 h ASTM 1693,
stress F 50 condition B
Shore D hardness > 55 points ISO 868
Make the thickness of the individual HDPE sheaths greater than 1.5 mm (0.06 inches),
and the outer diameter of sheathed seven-wire strands less than 19.5 mm (0.77
inches).
2) Petroleum Wax Filler
Fill the intermediate space among the wires and between the wires and the individual
sheath of each stay strand with microcrystalline wax, i.e. a malleable crystallized solid
consisting of saturated hydrocarbons which are injected in a liquid state. Do not use
grease in the void filler in order to prevent problems of thermal stability and bleed.
Inject the void filler material in the workshop of the strand extrusion facility.
Completely fill the internal voids between the constituent wires of the strand and the
voids between the wires and the individual sheath. Ensure no voids appear in the
intermediate medium, due to thermal shrinkage, creep, setting or aging of the void
filler.
Make the filling material continuous and durably stable. Make the weight of filler per
unit length between 6 and 12 g/m. For individually sheathed strands, compare
weights of a factory-made strand length before and after cleaning and de-waxing the
wires and the HPDE sheath which has been cut longitudinally to allow the operations.
Comply with the following specifications with regard to wax filling material:
Pour point > 77°C NF T 60-128
Penetration at 25°C No cracking NF T 60-119
Viscosity at 100°C > 20 mm2/s ASTM D 445
Bleeding at 40°C At 7 days < 0.5% NF T 60-191 modified

by conducting the test
for 7 days without the
100-gram weight
Oxidative resistance 100 hours < 0.03 MPa ASTM D 942-02
at 100°C
Copper strip corrosion 100 Level 1 a (no NF EN ISO 2160
hours corrosion)
at 100°C
Rust protection Pass NF X 41-002

Salt fog: 5% NaCl, 168 hours No corrosion NF X 41-002 modified
at 35°C ± 1°C by replacing the NaCl
Fog: distilled water, 168 hours solution by distilled
at 35°C ± 1°C water
4. Outer Stay Pipe
Thread the strands through the outer casing of a one-piece stay pipe. Do not fill the
void within this outer casing.
Use an outer casing of appropriate thickness and chemical composition to ensure
good aging performance against environmental degradation including satisfactory
resistance to ultraviolet radiation. Ensure that the outer casing withstands the
mechanical actions that might be exerted on it, notably the bending and axial force
caused by the installation, and the buckling force that could be caused by
compression of the pipe under its self-weight when it rests on the bottom anchorage
of the stay cable.
The Owner will determine the color of the external sheath, UV stabilized pipe. Submit
evidence as to the UV resistance and color stability of the pipe for the approval of the
Engineer. Ensure the co-extruded pipe is capable of being joined by fusion welding in
accordance with this Special Specification.
(If necessary) Manufacture the outer stay pipe with a surface carrying relief, for
example two helically wound ribs at 180° apart around the cable, with a
demonstrated efficiency against rain and wind induced vibration. Make any such ribs
the same color as the external sheath.
3) Material Specifications
Make the outer stay pipe a co-extruded high-density polyethylene (HDPE) pipe, with a
colored external layer and a black internal layer.
Manufacture the stay pipe with high density polyethylene classified PE 344433 C (if
black), or PE 344434 E (if other than black) as per ASTM D3350. Comply with the
following physical and mechanical specifications regarding the pipe:

Density at 23°C > 941 kg/m
3 ASTM D 1505
Melt flow index of 5 kg at 190°C < 0.15 gram per 10 NF EN ISO 1133
minutes
Flexural modulus > 800 MPa on average ISO 178
Tensile stress at yield point at 21 MPa NF EN ISO 527
23°C
Ultraviolet radiation stability Condition E ASTM D 3350
Carbon-black content (inner 2.3 ± 0.3% by weight ISO 6964
layer only in the case of a co-
extruded color stay pipe)
Carbon-black dispersion index <3 ISO 4437
Carbon-black distribution level < C2 ISO 4437
Anti-oxidant content in the final > 1000 ppm
composition of the HDPE
Thermal stability > 220°C for 20 minutes ASTM D 3350
Oxidative induction time at > 20 minutes ISO/TR 10837 or
200°C ASTM D 3350
Elongation at fracture 350% NF EN ISO 527
Izod impact strength at 23°C > 20 kJ/m
2 NF EN ISO 180
Stress cracking resistance at > 1000 h ASTM 1693,
stress F 50 condition B
Shore D hardness > 55 points ISO 868
Do not use recycled polyethylene. The stay pipe supplier will be a quality
management organization in accordance with the NF EN ISO 9001 standard.
In addition to the above requirements, make stay pipe thickness at least Ø /32 (SDR
ext
32) or 6 mm (0.24 inches), whichever is greater, where Ø is the stay pipe outside
ext
diameter.
4) Fusion Welds
Obtain the required pipe length for each cable by continuous extrusion or by fusion
welding of standard length sections of pipe. When the stay pipe is made up of sections
assembled end-to-end, assemble the sections by butt fusion welding (hot-plate

welding in accordance with ASTM D2657). Make the cut ends of sections of the joined
pipe perpendicular to the pipe axis. Make the strength of a joint more than 90% of the
intact pipe. Perform proposed welds on a test section of polyethylene pipe for the
cable cross section used on the project and perform the necessary tests to ensure that
the weld develops the required strength and that the joint is hydrostatically sealed.
Submit the results of fusion weld tests to the Engineer for approval. Do not weld the
pipe when the stay strands are in the pipe.
5) Expansion Sleeves
Design and provide a polyethylene pipe system that can accommodate the full range
of thermal expansion and contraction for the temperature range specified in the
Plans. Provide an overlapping expansion system that prevents water from entering
the stay pipe. Submit the expansion system to the Engineer for approval along with
adequate evidence that demonstrates the ability of the system in preventing water
from entering the stay pipe.
5. Cable Stay Anchorages
The anchors for the cable stay system shown on the Plans are schematic. The
Manufacturer will supply for review and approval by the Engineer all material
specifications not specified herein or on the Plans.
Use an anchorage device capable of transmitting the full ultimate tensile force of the
cable. Use all other components such as bearing plates, guide pipes, and deviators
shown on the drawings of suitable type and sufficient strength for the intended use.
Use material for filling the void between the strand bundle and the anchors that will
permit monitoring and replacement of individual strands during the entire service life
of the bridge. Do not use hard material filling or cement grouting in the anchorage
area.
6) Stay Anchor Assembly
Supply anchorage components that meet the requirements as specified herein. Use
anchorage components specified by the vendor furnishing the anchorages at the time
of acceptance testing of the stay cable. Supply stay anchor assemblies consisting of an
externally threaded steel socket, anchor head, tension ring, load bearing ring nut,
protective cap and filler. Ensure the anchorage assembly allows for complete de-
tensioning of the stay and subsequent removal for the anchorage components (except
the load bearing nut) through the guide pipe. Furnish all material and testing
specifications to the Engineer for review and approval. Ensure each component of the
assembly, including wedges, has an AASHTO ASTM, or EN material and test
specification.
Make the threaded portion of the anchorage of sufficient length for the installation of
the cable and for the future force adjustment of (±) 2.5%of the guaranteed ultimate
tensile strength (GUTS) of the stay cable. Make this tension adjustment by means of a
threaded tube and ring nut assembly. Do not use shims for stay tension adjustments.
Submit shop drawings to the Engineer for approval showing all dimensions, materials
and operations for fabrication of the anchor assembly. Develop and submit to the
Engineer for approval detailed procedures for installing all assembly components,
insertion of the strands, installation of wedges, and stressing the assembly. Submit
complete shop drawings with supporting calculations showing all equipment (jack,
stressing chair, etc.) and procedures required for stay force adjustments and for
complete de-tensioning. Sign and seal all shop drawings by a Professional Engineer
registered in Engineering Council of India (ECI). No approval will be given to any
portion of the stay anchor assembly or procedures until all required submittals are
made and found acceptable. If the vendor’s patented anchorage requires stripping of
the HDPE sheath within the anchorage zone, use filler that provides adequate
corrosion protection in accordance with these Special Specifications.
All other components such as bearing plates, wedges, protective caps, extension
pipes, tension rings, etc. shown on the Plans, but not specified herein, are only shown
schematically. Provide these in suitable type and sufficient strength suitable for the
intended use. Submit material specifications, calculations and detail drawings for the
sizes, types and materials for such components to the Engineer for review and
approval.
A. Filtering Out Angular Deviations
Comprise the anchorage with cable guide systems in order to prevent significant
bending stresses due to angular deviations of the strand to extend to the
anchorage device or wedges. Make the anchorages capable of accepting static
angular deviations in excess of the installation tolerances of the connecting parts.
Account for in the design of the cable guide system transverse and flexural forces
resulting from: deck and pylon anchorage rotation under live loads, inaccuracy of
anchorage placing and shuttering tube misalignment, permanent angles due to
the fanning out of the strands, and bending of strand in the anchorage head due
to manufacturing tolerances of anchorage parts.
Do not use guide deviators placed in the transition area, which impose a
transverse force on the structure ahead of the stay anchorage in the above cases.
Make the anchorage capable of handling by itself the following combination of
deviation angles, as a minimum, without damaging the cable:
(i) ± 20 milliradians (Mrad) static angle or the installation tolerances of the

connecting parts (shuttering tube misalignment), whichever is greater;
(ii) ± 10 milliradians dynamic angle.
i. Document the efficiency of such means to satisfy the following criteria:
(iii) The angle of deviation of any strand in the anchorage or transition
zones will not exceed 25 milliradians.
(iv) The bending stresses in each strand will be less than 250 MPa in the
transition zone at the entrance of the anchorage under a deviation of 30
milliradians and a load of 45% GUTS.
(v) The bending stress in each strand at the anchorage will be less than 50 MPa.
i. Calculate the bending stress with the maximum service tension in the cable.
ii. If the anchorages require a deviator to be placed at the guide tube to reduce
the deviation induced bending stresses at the anchorages, do not substitute
any device to dampen the cable for the deviator. Keep the deviator to provide
a fixed point to avoid deviation induced bending stresses from reaching the
anchorage.
B. Protection Against Corrosion
Extend the two complementary internal corrosion-protection barriers, defined

for the stay strand, continuously through the free length of the stay and entire
anchorage transition zones.
If the external anti-corrosion barrier is replaced by a local casing in the

anchorage, inject it with an appropriate blocking medium. Ensure this blocking
medium is a flexible material.
Protect the anchor assemblies and components at all times against corrosion,
particularly the wedge and wedge holes. Show corrosion protection measures on
the shop drawings. At the end of the stay cable, close the outer casing with a
watertight cap attached to the anchorage head and cover at least the entire area
of the strand terminations. Ensure this cap is removable for inspection of the
strand terminations and is injected with a corrosion protective material that
does not induce hydrogen embrittlement. Protect the strand tails and the
exposed threaded area of the anchor with the corrosion protective material.
Heavily coat the threaded area exposed inside the bearing plate/guide pipe with
a corrosion inhibiting material. Obtain approval of the Engineer for the corrosion
protective material.
Ensure this integrity and continuity of the waterproofing is consistent with the
other functions of the anchorage and maintain under all service conditions
(vibration, movement, aging, temperature variations, etc.). The water tightness at
the entrance of the strand into the anchorage is a key factor.
C. Protection Against Wear
To prevent fretting corrosion and fatigue, do not allow steel to steel contact
between the strand and the parts of the transition zone.
Take steps to prevent fretting corrosion and fatigue at critical points: at each
deviation of the strand, where the strand enters the anchorage head, etc.
In order to avoid an accumulation of causes of fatigue (axial and flexural action

effects) at the anchorage head, take steps to guide lateral displacement of
strands.
7) Stay Anchor/Guide Pipe & Bearing Plate
Conform the stay anchor pipe and guide pipe attached to the longitudinal box
girders at deck level for the anchorage assembly to the requirements of ASTM
A500/A500M, Grade C with a minimum thickness shown on the Plans. Fabricate
bearing plates from ASTM A709/A709M, Grade 50 with a minimum thickness as
shown on the Plans.
iii. Qualification and Testing
1. Individually Sheathed Polyethylene Strand
1) Performance Tests
Furnish to the Engineer, a test report prepared by an independent laboratory

documenting compliance with items a through f below. Ensure HDPE sheathed strand
meet the following requirements:
A. Chemical resistance test – Evaluate the chemical resistance of the sheathing in
accordance with ASTM G20 “Standard Test Method for Chemical Resistance of
Pipeline Coatings, by immersing coated strands in each of the following: a 3M
(Molar) aqueous solution of CaCl , a 3M (Molar) aqueous solution of NaOH, and a
2
solution saturated with Ca(OH) . In addition, to simulate cementitious grout,
2
utilize an aqueous solution of potassium hydroxide and an aqueous solution of
sodium hydroxide for this test. Perform tests at 24±2℃ with specimens without
damage to the sheathing and specimens with intentional 6 mm diameter holes
drilled through the sheathing. Perform the test for a minimum of 45 days. Verify
the polyethylene is not soft, cracked, or visually deteriorated.
B. Chloride permeability test – Measure, using the methods outlined in FHWA-RD-
74-018, “Non-metallic coatings for Reinforcing Bars,” the chloride permeability
characteristics of the films of cured coating having the minimum thickness as
proposed for use. Perform the test at 24±2℃ for 45 days. Verify the accumulative
concentration of chloride ion permeating through the film is less than 1 x 10-4M.
C. Impact test – Determine the resistance of a strand sheathing to mechanical

damage by using the falling weight test. Use a test apparatus similar to that
described in ASTM G14 “Standard Test Method for Impact Resistance of Pipeline
Coatings (Falling Weight Test)”, along with a 1.8kg tup. Ensure impact occurs on
the crown areas on the sheathed strand. Perform the test at room temperature.
With an impact of 9 N-m, ensure no shattering or cracking, of the sheathing
occurs except at the impact area, that is, the area permanently deformed by the
tup.
D. Abrasion resistance test – Determine the resistance of the strand sheathing to

abrasion by using the falling sand method of ASTM D968 “Standard Test Method
for Abrasion Resistance of Organic Coatings by Falling Abrasive” adopted for
testing sheathed strand. Do not exceed net loss of sheathing by 0.25 mm per
1,000 L of abrasive.
E. Salt spray (fog) test – Tension sheathed strand specimens to 70% of the
minimum ultimate tensile strength and expose to salt fog for 3,000 hours in
accordance with ASTM B117. Take care to protect the end anchorage used from
salt fog or corrosion so as not to influence the test results. Make observations for
signs of corrosion and record every 250 hours. After 3,000 hours of exposure,
ensure no evidence of corrosion is present, and the specimen is holiday free. After
the salt spray (fog) test is completed, perform a tensile test on the specimen in
conformance with ASTM A416. Do not allow any cracks visible to the unaided eye
in the HDPE or HDPP up to an elongation of 1 percent (yield point).
F. Water tightness test – Propose a water tightness test for the approval of the
Engineer. Carry out one test of the void filling manufacturing process of the
sheathed strand as per the approved test procedure per production run or
portion thereof.
2) Quality Control Tests
Furnish test reports to the Engineer for each inspection unit of strand documenting
compliance of the material properties in Section 3.2.2.1 of the PTI “Recommendations
for Stay Cable Design, Testing and Installation”, 6th edition. Include in the inspection
unit for sampling, the unit of production composed of coated products (wires or
seven-wire strands) coming from the same factory and of the same grade and nominal
diameter, manufactured according to the same process. Define this unit either by cast
or by batch, the mass of each inspection unit being no more than 20 tons. Take three
samples when the number of coils in an inspection unit is lower than 3. Take one
sample per coil when the number of coils in an inspection unit is greater than 3. The
maximum number of samples is limited to 12.
A. Standard Properties - On each sample, complete one series of tests to document
compliance with the following:
• Minimum ultimate tensile stress;
• Minimum yield stress;
• Elastic modulus.
B. Particular Properties - Carry out the following tests on one sample per inspection
unit or fraction thereof:
• One-Pin Test for ductility;
• Fatigue strength.
Perform tests as outlined in Section 3.2.2.1 of the PTI “Recommendations for Stay
th
Cable Design, Testing and Installation”, 6 edition. Select 3 samples for each test. If the
test on the first sample fails, carry out two more tests. If either of the two additional
tests fails, reject the quantity of strands represented by the three samples.
2. HDPE Stay Pipe
Furnish a certificate of analysis to the Engineer for each shipment of pipe stating the
material supplied meets this Special Specification and showing the results of the tests
performed by an approved independent laboratory.
3. Anchorage Assembly and Fully Assembled Stay Cable
Qualification and acceptance testing of the stay cable system based on fatigue and
ultimate strength tests of the stay system and leak tests of the anchorage assembly in
accordance with Sections 4.2 and 4.1.6, respectively, of the PTI “Recommendations for
Stay Cable Design, Testing and Installation”, 6th edition, is not required. Submit
evidence of previous tests conducted for previous projects on specimens similar in
stay size, design, and details to those proposed for this project to the Engineer for
acceptance. Only stay cable systems having previously passed such testing witnessed
by a third party are qualified. Perform quality control tests outlined above for the
sheathed strand to establish that the prestressing steel supplied for this project has
fatigue characteristics comparable to the prestressing steel used in the acceptance
tests of the stay cable specimens in the previous project. Demonstrate with shop
drawings that the stay anchorage hardware proposed is the same as in the previous
tests.
iv. Construction
1. Construction Analysis
Submit detailed step-by-step construction analyses consistent with actual loads,

sequences, schedules, material properties, cable forces, and all aspects of construction
of the bridge. Prepare and sign/seal all computations by a Professional Engineer
registered in the ECI, with demonstrated experience in the design and construction of
extradosed bridges.
2. Installation
Install stay cables in accordance with the procedures prescribed by the stay cable
supplier. Submit to the Engineer for review and approval, a method statement which
describes the installation operations, including a description of the main items of the
equipment required, as well as an engineered cable installation program that
prescribes the cable force and elongation of each stay cable.
Stay cable procedure will be compatible with the bridge construction sequence with
cables generally erected in-situ. Prefabrication may be considered provided specific
procedures are developed to ensure the strands remain parallel, equally stressed and
that no damage to any elements of the system is permitted.
3. Handling
Develop procedures to assure that stay cable components will not be damaged during
handling.
Protect stay cable components from corrosion, heat, abrasion and other harmful
effects throughout the fabrication, shipping, delivery, storage and installation.
The minimum bending diameter for the HDPE outer casing is 50 times its outside
diameter during fabrication, transport, storage or erection of stay cables.
Evaluate and remedy all damage to stay cables or components thereof prior to
installation of the stays. Replace any damaged strand. Repair damage to non load-
carrying components to the Engineer's satisfaction prior to the installation of the
stays.
4. Strand-by-Strand Erection
Take appropriate measures to prevent the leading end of the strand from damaging
the stay pipe or the sheaths of the strands installed previously.
Fit all the special features of the stay cable (anchorages, guidance systems, etc.) with
protection to avoid damaging the individual protection of strands.
Ensure the strands are parallel throughout their length and that they pass through
matching holes in the two anchorage heads.
5. Stressing
Calibrate jacks and gauges for stay cable installation with reference to a standard
pressure gauge or load cell within one month prior to the beginning of the cable
installation, and every 6 months thereafter, or for 500 strands, for the duration of
cable installation.
The standard gauge should have a relative accuracy of at least 0.5% and should itself
be gauged by an appropriate laboratory at least once per year.
In-situ erected parallel strand stay cables may be tensioned one-by-one provided that
it can be demonstrated, to the satisfaction of the Engineer, that the final tension and
elongation of each strand is equalized within a range of +/-1.25% GUTS.
Record all stressing automatically with a computer system connected to load cells. In
case of length measurement of all the strands before erection, place in a straight,
confined and covered area, at a controlled temperature and protected from any
damage.
Use stay cables that are capable of being tensioned, de-tensioned and re-tensioned
more than once during the construction of the structure. These operations may be
carried out either by full jacking of the live anchorage and adjusting the ring nut
setting, or strand by strand. If de-tensioning cables strand by strand in such way that
the "gripping" zone is incorporated in the stressed portion of the stay, do not leave a
"gripped" zone permanently on the stressed portion of the stay.
6. Corrosion Protection During Erection
If the strand corrosion protection system is not put in place at the time the cable is
installed on the structure, apply an appropriate temporary corrosion-protection
system.
7. Monitoring & Adjustment
Monitor strands extending through the cable stay saddles for any possible slippage
during construction and adjust if needed in accordance with procedures prescribed
by the stay cable supplier.
At some intermediate stage of superstructure erection, which the Engineer will

designate depending on the approved construction sequence, check the tension in
each stay cable with a full head lift off to ensure it is within the anticipated range.
Adjust any stay cable as required at this stage using approved stressing procedures.
Adjust stay cables in the final dead load condition such that each individual cable does
not deviate from the stay cable dead load force values shown on the Plans by ±5%.
Perform force verification with full head lift off tests. It is possible that one individual
cable may have to be adjusted to lesser tolerances to prevent stress in other cables
from exceeding the ±5% tolerance.
8. Finishing
After the final cable tension adjustment has been completed, and subjected to the
Engineer's approval, carry out the finishing of the anchorage and transition zones
(permanent corrosion protection, installation of dampers, etc.).
Submit a detailed procedure for these operations for the approval of the Engineer.
4. Maintenance and Replacement
Maintenance Manual detailing the inspection program and maintenance procedures

of stay cables shall be submitted by the stay cable supplier and manufacturers.
4.1 Inspections
The inspection program shall comprise at least:
a) routine inspection operations at a frequency proposed by the stay cable supplier to
the Engineer;
b) If necessary replacement of one representative strand on stay cables (in the main
span) to check corrosion protection every 10 years.
4.2 Maintenance Procedures
The maintenance procedures shall include at least:
a) procedures for minor and major maintenance operations foreseen during the
100 year design lifetime of the stay cables;
b) frequencies of minor and major inspection and maintenance operations; and
c) the replacement procedure for a single strand and a full cable.
The water tightness of the anchorages shall be inspectable during the maintenance
program and shall be easily reinstated without dismantling any major components.
5. Monitoring of the Stay Cable
The monitoring of stay cables shall be submitted by the stay cable supplier.
The monitoring equipment of stay cables may include:
The stay cable force monitoring system operating modes shall be as On-line
monitoring or Offline monitoring.
Schedule - E
Maintenance Requirements
1. Maintenance Requirements
(i) The Contractor shall, at all times maintain the Project Highway in accordance with the
provisions of this Agreement, Applicable Laws and Applicable Permits.
(ii) The Contractor shall repair or rectify any Defect or deficiency set forth in Paragraph 2
of this Schedule-E within the time limit specified therein and any failure in this behalf
shall constitute non-fulfilment of the Maintenance obligations by the Contractor.
Upon occurrence of any breach hereunder, the Authority shall be entitled to effect
reduction in monthly lump sum payment as set forth in Clause 14.6 of this
Agreement, without prejudice to the rights of the Authority under this Agreement,
including Termination thereof.
(iii) All Materials, works and construction operations shall conform to the MORTH
Specifications for Road and Bridge Works, and the relevant IRC publications. Where
the specifications for a work are not given, Good Industry Practice shall be adopted.
(iv) The maintenance of the new 2-lane extradosed bridge is an important aspect for
ensuring safety and long life span of the bridge. Maintenance Manual for the bridge
shall be furnished by the construction agency as per Manufacturers
recommendations using latest technology and adopting best international practise
and to the satisfaction of proof consultant and duly approved by Authority Engineer.
2. Repair/rectification of Defects and deficiencies
The obligations of the Contractor in respect of Maintenance Requirements shall include repair
and rectification of the Defects and deficiencies specified in Annex - I of this Schedule-E within
the time limit set forth therein.
3. Other Defects and deficiencies
In respect of any Defect or deficiency not specified in Annex - I of this Schedule-E, the
Authority’s Engineer may, in conformity with Good Industry Practice, specify the permissible
limit of deviation or deterioration with reference to the Specifications and Standards, and any
deviation or deterioration beyond the permissible limit shall be repaired or rectified by the
Contractor within the time limit specified by the Authority’s Engineer.
4. Extension of time limit
Notwithstanding anything to the contrary specified in this Schedule-E, if the nature and extent
of any Defect or deficiency justifies more time for its repair or rectification than the time
specified herein, the Contractor shall be entitled to additional time in conformity with Good
Industry Practice. Such additional time shall be determined by the Authority’s Engineer and
conveyed to the Contractor and the Authority with reasons thereof.
5. Emergency repairs/restoration
Notwithstanding anything to the contrary contained in this Schedule-E, if any Defect,

deficiency or deterioration in the Project Highway poses a hazard to safety or risk of damage
to property, the Contractor shall promptly take all reasonable measures for eliminating or
minimizing such danger.
6. Daily inspection by the Contractor
The Contractor shall, through its engineer, undertake a daily visual inspection of the Project
Highway and maintain a record thereof in a register to be kept in such form and manner as the
Authority’s Engineer may specify. Such record shall be kept in safe custody of the Contractor
and shall be open to inspection by the Authority and the Authority’s Engineer at any time
during office hours.
7. Pre-monsoon inspection / Post-monsoon inspection
The Contractor shall carry out a detailed pre-monsoon inspection of all bridges, culverts and
drainage system before [1st June] every year in accordance with the guidelines contained in
IRC: SP35. Report of this inspection together with details of proposed maintenance works as
required on the basis of this inspection shall be sent to the Authority’s Engineer before the
[10th June] every year. The Contractor shall complete the required repairs before the onset of
the monsoon and send to the Authority’s Engineer a compliance report. Post monsoon
inspection shall be done by the [30th September] and the inspection report together with
details of any damages observed and proposed action to remedy the same shall be sent to the
Authority’s Engineer.
8. Repairs on account of natural calamities
All damages occurring to the Project Highway on account of a Force Majeure Event or wilful
default or neglect of the Authority shall be undertaken by the Authority at its own cost. The
Authority may instruct the Contractor to undertake the repairs at the rates agreed between
the Parties.
9. Additional Guidelines for maintenance of main extradosed bridge: Annex - II
Annex – I
(Schedule-E)
Annex-I : Repair/rectification of Defects and deficiencies
The Contractor shall repair and rectify the Defects and deficiencies specified in this Annex-I of Schedule-E within the time limit set forth in the table
below.
1. Table -1: Maintenance Criteria for Pavements:
Freque Maintenanc
Time limit for
Level of Service ncy of Tools/Equip Standards and References for Inspection e
Rectification/R
(LOS) Inspecti ment and Data Analysis Specificatio
epair
on ns
Performanc Acceptabl
Desirable
Asset Type e Parameter e
< 0.1 % of
Flexible
area and
Pavement MORT&H
subject to Length IRC 82: 2015 and Distress Identification
24-48 hours Specification
limit of 10 Measurement Manual for Long Term Pavement
(Pavement 3004.2
mm in Unit like Scale, Performance Program, FHWA 2003
of MCW,
Tape, (http://www.tfhrc.com/pavement/lttp/repo
Service Potholes Nil depth Daily
odometer etc. rts/03031/)
Road,
approaches
Cracking Nil <5% Daily 7-15 days MORT&H
of Grade
subject to Specification
Construction of New Two Lane Bridge Including Approaches Over Brahmaputra Between Majuli on North Bank and Jorhat on South Bank From Km
189
11+690 to 19+715 of NH ( ) – Length of Bridge 6812.5 m (Package– II) in the State of Assam on EPC Mode.
Freque Maintenanc
Time limit for
Rectification/R
epair
on ns
Desirable
structure, limit of 0.5 3004.3

approaches sqm for
of any 50 m
connecting length
roads, slip
roads, lay
byes etc. as MORT&H
applicable) < 5 mm 15 -30 days Specification
Rutting Nil Daily Straight Edge 3004.2
Corrugations < 0.1 % of

2-7 days IRC:82-2015
and Shoving Nil area Daily Length
Measurement
Unit like Scale,
Tape, MORT&H
< 1 % of
odometer etc. 3-7 days Specification
area
Bleeding Nil Daily 3004.4
190
Freque Maintenanc
Time limit for
Rectification/R
epair
on ns
Desirable
IRC:82-2015
< 1 % of
Ravelling/ 7-15 days read with
area
Stripping Nil Daily IRC SP 81
< 1 m for
any 100 m
section and
width < 0.1
m at any
7- 15 days IRC:82-2015
location,
restricted
Edge to 30 cm
Deformation/ from the
Breaking Nil edge Daily
2000 Class I
Roughness 2400 Bi- Class I Profilometer : ASTM E950 (98) :2004
mm/ Profilometer 180 days IRC:82-2015
BI mm/km Annually –Standard Test Method for measuring
km
Longitudinal Profile of Travelled Surfaces
SCRIM
191 191
Freque Maintenanc
Time limit for
Rectification/R
epair
on ns
Desirable
with Accelerometer Established Inertial

Bi- (Sideway- Profiling Reference BS: 7941-1:
50SN 180 days
Skid Number 60SN Annually force ASTM E1656 -94: 2000- Standard Guide for 2006
Coefficient Classification of Automatic Pavement
Routine Condition Survey Equipment
Pavement Investigation
Condition 3 2.1 Bi- Machine or 180 days IRC:82-2015
Index Annually equivalent)
Other
Pavement Bi- 2-7 days IRC:82-2015
Distresses Annually
Deflection/ Annuall Falling Weight IRC:115-

IRC 115: 2014 180 days
Remaining Life y Deflectometer 2014
Rigid 2200
Bi- ASTM E950 (98) :2004 and ASTM E1656 -94: IRC:SP:83-
Pavement Roughness mm/ 2400mm/k Class I 180 days
Annually 2000 2008
BI km m Profilometer
(Pavement
192
Freque Maintenanc
Time limit for
Rectification/R
epair
on ns
Desirable
of MCW,
Service Skid Resistance no. at
Road, different speed of vehicles
Grade
structure, Minimum SN Traffic Speed
approache (Km/h)
s of SCRIM
connecting Skid 36 Bi-50 IRC:SP:83-
(Sideway- IRC:SP:83-2008 180 days
roads, slip Annually 2008
33 65 force
roads, lay
Coefficient
byes etc. as
32 80 Routine
applicable)
Investigation
31 95 Machine or
equivalent)
31 110
MORT&H
Embankme Edge drop at 40m
Nil Daily Length IRC 7-15 days Specification
nt/ Slope shoulders m
Measurement 408.4
Unit like Scale,
193 193
Freque Maintenanc
Time limit for
Rectification/R
epair
on ns
Desirable
Tape,
<2% odometer etc.
variation
Slope of in MORT&H
camber/cross Nil prescribe Daily 7-15 days Specification
fall d slope of 408.4
camber
/cross fall
<15 %
variation MORT&H
Embankment
Nil in Daily 7-15 days Specification
Slopes
prescribe 408.4
side slope
Embankment MORT&H
Nil Nil Daily 7-15 days
Protection NA Specification
Nil Nil Daily NA 7-15 days

Rain Cuts/ MORT&H
Speciall
194
Freque Maintenanc
Time limit for
Rectification/R
epair
on ns
Desirable
Gullies in slope y During Specification

Rainy
Season
In addition to the above performance criterion, the contractor shall strictly maintain the rigid pavements as per requirements in the following table
195 195
2. Items and Other Furniture Items:
Frequency of Recommended Specification

Asset Performance Time limit for
Level of Service (LOS) Measuremen Testing Method Remedial s and
Type Parameter Rectification
t measures Standards
Manual Removal of obstruction within 24 IRC:SP
Measurement hours, in case of sight line affected 73-2018
As per IRC SP :73-2018, a minimum s with by temporary objects such as trees,
of safe stopping sight distance shall Odometer
be available throughout. temporary encroachments.
along with
video/ image
Safe In case of permanent structure or
backup
Design Desirable Stoppin design deficiency:
Availability Speed, Minimum Sight g Sight a. Removal of
Highway of Safe Sight kmph Distance (m) Distance Monthly obstruction/improvement of
Distance deficiency at the earliest
(m)
b. Speed Restriction boards
100 360 180 and suitable traffic calming
measures such as transverse bar
80 260 130 marking, blinkers, etc. shall be
applied during the period of
rectification.
Visual Re - painting Cat-1 Defect – IRC:35-

Pavemen Assessment as within 24 hours 2015
Bi- per Annexure-F Cat-2 Defect -
t Wear <70% of marking remaining
Annually of IRC:35-2015 within 2 months
Marking
196

During expected life Service Time As per Re - painting Cat-1 Defect – IRC:35-
c. Cement Road - Annexure-D of within 24 hours 2015
Day time
130mcd/m2/lux Monthly IRC:35-2015 Cat-2 Defect –
Visibility
d. Bituminous Road - within 2 months
100mcd/m2/lux
Initial and Minimum Performance As per Re - painting Cat-1 Defect – IRC:35-2015
for Dry Retro reflectivity during Annexure-E of within 24 hours
night time: IRC:35-2015 Cat-2 Defect –
Design (RL) Retro within 2 months
Speed Reflectivity
(mcd/m2/lux)
Initial Minimum
(7 days) Threshold level
(TL) & warranty
period required
Night Time
up to 2 years Bi-Annually
Visibility
Up to 65 200 80
65 - 100 250 120
Above 350 150

100
Initial and Minimum Performance for
Night Visibility under wet condition
(Retro reflectivity):
e. Initial 7 days Retro reflectivity: 100
197 197

mcd/m2/lux
f. Minimum Threshold Level: 50
mcd/m2/lux
Initial and Minimum performance As per Within 24 hours IRC:35-2015
for Skid Resistance: Annexure-G of
g. Initial (7days): 55BPN IRC:35-2015
h. Min. Threshold: 44BPN
*Note: shall be considered under
Skid
urban/city traffic condition Bi-Annually
Resistance
encompassing the locations like
pedestrian crossings, bus bay, bus
stop, cycle track intersection
delineation, transverse bar markings
etc
Visual with Improvement of IRC:67-2012
video/image shape, in case if 48 hours in case
backup shape is of Mandatory
damaged. Signs, Cautionary
Shape and Position as per IRC:67-
and Informatory
2012.
Shape and Relocation as Signs (Single and
Signboard should be clearly visible for Daily
Position per requirement Dual post signs)
Road the design speed of the section.
Signs
15 Days in case
of
Gantry/Cantileve
r Sign boards
Testing of Change of 48 hours in case IRC:67-2012
Retro
As per specifications in IRC:67-2012 Bi-Annually each signboard of Mandatory
reflectivity
signboard Signs,
198

using Retro Cautionary and
Reflectivity Informatory
Measuring Signs (Single and
Device. In Dual post signs)
accordance
with ASTM D 1 Month in case
4956-09. of
Gantry/Cantilev
er Sign boards
As per IRC 86:1983 depending upon Bi-Annually Use of distance Raising Kerb
Kerb Height Within 1 Month IRC 86:1983
type of Kerb measuring tape Height
Kerb Visual with
Functionality: Functioning of Kerb Daily
Kerb Painting video/image Kerb Repainting Within 7-days IRC 35:2015
painting as intended
backup
Reflective Numbers and Functionality as per Within 2 months IRC:SP:73-
Pavement specifications in IRC:SP:73-2018 and Daily 2018, IRC:35-
Counting New Installation
Markers (Road IRC:35-2015, unless specified in 2015
Studs) Schedule-B.
Visual with Within 15 days IRC:SP:73-
Pedestrian Functionality: Functioning of Daily
video/image Rectification 2018
Other Guardrail guardrail as intended
backup
Road
Functionality: Functioning of Safety Visual with Within 7 days IRC:SP:73-
Furnitur
Traffic Safety Barriers as intended Daily video/image 2018,
e Rectification
Barriers backup IRC:119-
2015
End Functionality: Functioning of End Visual with Within 7 days IRC:SP:73-
Treatment of Treatment as intended Daily video/image 2018,
Rectification
Traffic Safety backup IRC:119-
Barriers 2015
199 199

Visual with Within 7 days IRC:SP-73
Functionality: Functioning of Daily video/image 2018,
Attenuators Rectification
Attenuators as intended backup IRC:119-
2015
Guard Posts Visual with
Functionality: Functioning of Guard Daily Rectificatio IRC: 79 -
and video/image Within 15 days
Posts and Delineators as intended n 1981
Delineators backup
Visual with Within 15 days IRC:67-2012
Overhead Sign Overhead sign structure shall be Daily
video/image Rectification
Structure structurally adequate
backup
Visual with Within 7 days IRC:SP:73-
Traffic Functionality: Functioning of Traffic Daily
video/image Rectification 2018
Blinkers Blinkers as intended
backup
The illumination Improvement 24 hours IRC:SP:73-
Illumination:
level shall be in Lighting 2018
Minimum 40 Lux illumination on the Daily
measured with System
road surface
luxmeter
Highway
Highway No major failure in the lighting - Rectification of 24 hours IRC:SP:73-
Lighting Daily
Lights system failure 2018
System
No minor failure in the lighting - Rectification of 8 hours IRC:SP:73-
Monthly
system failure 2018
No major/minor failure in the lighting - Rectification of 8 hours IRC:SP:73-
Daily
system failure 2018
200
3. Table -2: Maintenance Criteria for Structures:
Recommended Time limit Specifications

Performance Level of Frequency of Testing
Asset Type Remedial for and
Parameter Service (LOS) Measurement Method
measures Rectification Standards
Cleaning silt up
Inspection soils and debris
by Bridge in culvert
15 days
Engineer as barrel after
before onset
85% of culvert 2 times in a per IRC SP: rainy season, IRC 5-2015,
Free of monsoon
normal flow year (before 35-1990 and removal of IRC SP:40-
waterway/unobstructed and within
area to and after rainy recording of bushes and 1993 and IRC
flow section 30 days after
available. season) depth of vegetation, U/s SP:13-2004
end of rainy
silting and of barrel, under
season.
area of barrel and D/s
Pipe/box/slab vegetation. of barrel before
culverts rainy season.
Physical
inspection of
expansion
30 days or
No leakage joints as per
before onset IRC SP:40-
Leak-proof expansion through IRC SP: 35- Fixing with
Bi-Annually of rains 1993 and IRC
joints if any expansion 1990 if any, sealant suitably
whichever SP:69-2011
joints for leakage
comes earlier
strains on
walls at
joints.
201 201

Spalling of
concrete not
more than 0.25
sqm
Detailed
inspection of Repairs to
Delamination of all spalling,
concrete not IRC SP 40-
components cracking,
more than 0.25 1993 and
of culvert as delamination,
Structurally sound sq.m. Bi-Annually 15 days MORTH
per IRC rusting shall be
Specifications
SP:35-1990 followed as per
clause 2800
and IRC:SP:40-
recording 1993.
the defects
Cracks wider
than 0.3 mm
not more than
1m aggregate
length
202

Damaged of
rough stone 30 days after
apron or bank defect
revetment not observation
2 times in a Condition Repairs to IRC: SP 40-
more than 3 or 2 weeks
Protection works in year (before survey as per damaged 1993 and
sqm, damage to before onset
good condition and after rainy IRC SP:35- aprons and IRC:SP:13-
solid apron of rainy
season) 1990 pitching 2004.
(concrete season
apron) not whichever is
more than 1 earlier.
sqm
Bridges
Visual
including No pothole in MORT&H
Riding quality or user inspection as Repairs to BC
ROBs Flyover wearing coat on Daily 15 days Specification
comfort per IRC or wearing coat
etc. as bridge deck 2811
SP:35-1990
applicable
Repairs to BC
on either side
of expansion
Visual MORT&H
joints, profile
Bridge -Super No bump at inspection as Specification
Bumps Daily correction 15 days
Structure expansion joint per IRC 3004.2 &
course on
SP:35-1990 2811.
approach slab
in case of
settlement to
203 203

approach
embankment
Visual
No damaged or inspection Repairs and
IRC: 5-1998,
User safety (condition of missing stretch and detailed replacement of
IRC SP: 73-
crash barrier and guard of crash barrier Daily condition safety barriers 3days
2018 and IRC
rail) or pedestrian survey as per as the case may
SP: 40-1993.
hand railing IRC SP: 35- be
1990.
Not more than Detailed All the
Rusted reinforcement
0.25 sq.m condition corroded IRC SP: 40-
survey as per reinforcement 1993 and
Bi-Annually IRC SP: 35- shall need to be 15 days MORTH
Not more than
Spalling of concrete 1990 using thoroughly Specification
0.50 sq.m
Mobile cleaned from 1600.
Bridge rusting and
204

Inspection applied with

Unit anti-corrosive
coating before
carrying out the
Not more than repairs to
Delamination
0.50 sq.m affected
concrete
portion with
epoxy mortar /
concrete.
Detailed Grouting with
condition epoxy mortar,
survey as per investigating IRC SP: 40-
IRC SP: 35- causes for 1993 and
Cracks wider than 0.30 Not more than
Bi-Annually 1990 using cracks 48 Hours MORTH
mm 1m total length
Mobile development Specification
Bridge and carry out 2800.
Inspection necessary
Unit rehabilitation.
205 205

Detailed
condition
Grouting of
survey as per
deck slab at
IRC SP: 35- MORTH
Rainwater seepage leakage areas,
Leakage - nil Quarterly 1990 using 1 months specifications
through deck slab waterproofing,
Mobile 2600 & 2700.
repairs to
Bridge
drainage spouts
Inspection
Unit
Carry out major

Once in every rehabilitation
Deflection due to
Within design 10 years for Load test works on IRC SP: 51-
permanent loads and 6 months
limits. spans more method bridge to retain 1999.
live loads
than 40 m original design
loads capacity
Once in every
5 years for
Laser
Frequency of spans more
Vibrations in bridge displacement Strengthening
vibrations shall than 30m and AASHTO LRFD
deck due to moving sensors or of super 4 months
not be more every 10 years specifications
trucks laser vibro- structure
than 5 Hz for spans
meters
between 15 to
30 m
206

No damage to
elastomeric
sealant
compound in Detailed
strip seal condition
expansion joint, survey as per
MORTH
no leakage of IRC SP:35- Replace of seal
Leakage in Expansion specifications
rain water Bi-Annually 1990 using in expansion 15 days
joints 2600 and IRC
through Mobile joint
SP: 40-1993.
expansion joint Bridge
in case of Inspection
buried and Unit
asphalt plug
and copper
strip joint.
Detailed
condition
survey as per
No dust or Cleaning of MORTH
IRC SP:35-
Debris and dust in strip debris in expansion joint specifications
Monthly 1990 using 3 days
seal expansion joint expansion joint gaps 2600 and IRC
Mobile
gap. thoroughly SP: 40-1993.
Bridge
Inspection
Unit
207 207

Cleaning of
drainage spouts
thoroughly.
Replacement of
No down take
Detailed missing/broken
pipe
condition down take
missing/broken
survey as per pipes with a
below soffit of
IRC SP: 35- minimum pipe MORTH
the deck slab.
Drainage spouts Monthly 1990 using extension of 3 days specification
No silt, debris,
Mobile 500mm below 2700.
clogging of
Bridge soffit of slab.
drainage spout
Inspection Providing
collection
Unit sealant around
chamber.
the drainage
spout if any
leakages
observed.
208

In case of
Delamination of
failure of even
bearing
one bearing on
reinforcement Detailed
any
not more than condition
pier/abutment,
5%, cracking or survey as per
all the bearings MORTH
tearing of IRC SP: 35-
on that specification
Bearings rubber not Bi-Annually 1990 using 3 months
pier/abutment 2810 and IRC
more than 2 Mobile
shall be SP: 40-199.
locations per Bridge
replaced, in
side, no rupture Inspection
order to get
of Unit
uniform load
reinforcement
transfer on to
or rubber
bearings.
Condition
survey and
visual
Scouring shall IRC SP: 40-
inspection as Suitable
not be lower 1993, IRC 83-
Bridge Scouring around per IRC SP: protection
than maximum Bi-Annually 1 month 2014, MORTH
Foundations foundations 35-1990 works around
scour level for specification
using Mobile pier/abutment
the bridge 2500
Bridge
Inspection
Unit.
209 209

In case of
doubt, use
Underwater
camera for
inspection of
deep wells in
major Rivers.
Damaged of
rough stone 30 days after
apron or bank defect
revetment not observation
2 times in a Condition Repairs to IRC: SP 40-
more than 3 or 2 weeks
Protection works in year (before survey as per damaged 1993 and
sq.m, damage before onset
good condition and after rainy IRC SP:35- aprons and IRC:SP:13-
to solid apron of rainy
season) 1990 pitching. 2004.
(concrete season
apron) not whichever is
more than 1 earlier.
sq.m
Note: Any Structure during the entire contract period which is found that does not complies with all requirements of this Table will be prepared,
rehabilitated or even reconstructed under the scope of the contractor.
210
Annex-II
(Schedule-E)
Annex-II: Tentative guidelines for maintenance of Extra Dozed bridge
Maintenance may be defined as measurements to guarantee the continuous

performance of a structure at its capacity level. For bridges, maintenance can be
defined as ensuring the safe, unrestrained passage of people, and vehicles as specified
in the construction. This is a combination of planned maintenance, refurbishment,
inspection, replacement and the repair of accidental damage. In another point of view,
maintenance work could be regarded as the action taken to prolong the useful life of a
bridge at a minimum cost with least interference to its operational function. The
structural components composing the bridge are subject to a number of potential
hazards that can be categorised into:
 Environmental hazards: Earthquake, strong wind, soil erosion, flooding etc.

 Accidents & incidents: ship or vehicle collision, overloading, fire etc.
 Degradation of materials: fatigue, erosion corrosion, cracking, aging, etc.
 Structural accommodation and construction non conformities
The bridge maintenance activities include repairing bent or damaged steel

beams, coating removals & coatings, cracked or spalled concrete, damaged expansion
joints, bent or damaged railings. These activities can entail operation of support
vehicles and equipment, pavement repair, welding and grinding operations,
associated pollutants, environmental stewardship practices under paving, structural
pavement failure (dig outs), pavement grinding, concrete slab, spall repairs etc. .
The life cycle cost based study of bridge maintenance and rehabilitation is
very limited. It is necessary and urgent to develop appropriate maintenance and
rehabilitation strategies that not only meet serviceability criteria but also consider
the life-cycle cost optimization. Maintenance and rehabilitation are necessary to
maintain the safety, serviceability and sustainability of these bridge structures. In
order to optimize maintenance and rehabilitation interventions and achieve a cost-
effective life-cycle performance for in-service cable supported bridges, it is necessary
and urgent to establish sound life-cycle based maintenance and rehabilitation
strategies.
Preventative bridge maintenance avoids larger scale work in both natural and
financial resources. Preventive maintenance is defined as a planned strategy of cost-
effective treatments applied at the proper time to preserve and extend the useful life
of a bridge. Preventive maintenance activities eligible for funding include sealing or
replacing leaking joints; applying deck overlays that will significantly increase the
service life of the deck; painting the structural steel; and applying electrochemical
chloride extraction treatments to decks and substructure elements.
– Length of Bridge 6812.5 m (Package– II) in the State of Assam on EPC Mode
Bridge maintenance encompasses:
Cleaning activities including water flush of all decks, drains, bearings, joints, pier
caps, abutment seats, concrete rails, and parapets.
Preventive maintenance activities such as painting, coating, sealant applications for

routine, minor deck patching and railing repairs.
Technical and specialized repairs including jacking up the structures, crack

repairs, epoxy injection, repairing or adjusting bearing systems, repair and sealing of
expansion joints, repair or reinforcement of main structural members to include
stringers, beams, piers, pier and pile cap, cables, abutments and footings, underwater
repairs, major deck repairs, major applications of coatings, sealants.
Stream channel maintenance including debris removal, stabilizing banks and

correcting erosion problems.
To maintain and repair bridges, establishing procedures are necessary for

early detection of problems, timely repair, good preventative maintenance and
consideration of long term effectiveness.
The evaluated urgency of repair, the life-cycle costs, user costs, and minimum
requirements of structural performance, structural risks, traffic and other operational
requirements, aesthetics, environmental risks and ecological pressures can be taken
into account for multiple-attribute planning on all hierarchical levels of the system.
The life-cycle analysis and optimization module involves the data applications for
studying the economy of the life cycle and cost-effectiveness of optional maintenance,
repair and rehabilitation strategies.
In order to conserve fiscal and natural resources and ensure safety, investing
in bridge inspection for preventative maintenance on such “smart bridge” is essential.
The “smartest” bridge to date is considered in terms of density of sensors, contains
sensors, data-collection boxes, and a central data processing unit. It will count on the
investment to help to make smaller, less costly repairs while problems are still
manageable. Engineering data collection will be able to be correlated with continuous
environmental data collection on-site. Some of the bridge maintenance activities that
provide the biggest benefit for the smallest level of investment generally include -
Eliminating deck joints, Repairing or installing new expansion dams on bridge
decks, Repairing bridge decks, Maintaining proper deck drainage, Restoring or
replacing bridge bearings, Repairing or replacing bridge approach slabs, Repairing
bridge beam ends and beam bearing areas, Bridge painting etc.
Maintaining Activities: -
Effective bridge deck drainage is important because deck structure and

reinforcing steel is susceptible to corrosion from de-icing salts; moisture on bridge
decks freezes before surface roadways, hydroplaning can occur more easily; and
drainage occurs over environmentally sensitive areas.
212 Majuli on North Bank and Jorhat on South Bank From Km 11+690 to 19+715 of NH 715 K –
Length of Bridge 6812.5 m (Part 1 of Package– II) in the State of Assam on EPC Mode
Bridge Cleaning
Bridge cleaning consists of cleaning all bridge components that are

susceptible to dirt, debris, bird dropping and de-icing salts. Drainage systems and
components subject to dirt or bird droppings accumulation need to be cleaned
regularly by hand tools, air blasting or preferably water flushing.
Bridge painting/coating/sealing covers all protective and preventative

maintenance activities designed to prevent deterioration of structure
components. Components made of non-weathering steel are generally painted with a
multicoated paint system to protect the steel from rust and corrosion. Bridges painted
earlier typically used lead, chromium, or cadmium pigmented paints, which must be
removed according to the guidelines and disposed of as a hazardous waste.
As an alternative to removal, some toxic based paint is in a condition that

permits an over coating of paint to effectively contain the toxic material and protect
the steel. Critical variables which determine the success or failure of an over coating
job include: the condition of the existing paint, the extent of corrosion on the
substrate, the level of surface cleanliness achieved, and the environment of
exposure.
The removal of lead-containing paint considered the relative cost increases

associated with changing regulations that deal with removal and handling of
hazardous debris during bridge maintenance painting operations. The relative cost of
paint material is almost always insignificant when viewed in terms of the overall cost
of the bridge maintenance job. The advantage in the relative durability of the better
coating systems often far outweighs the nominally increased cost of these materials at
the time of application. In general, for moderately to severely corrosive environments,
the most durable options in the coating material and in the surface preparation
system will be the optimum choices from a life-cycle cost standpoint.
Metallizing is a term used to describe thermal sprayed metal coatings. For

corrosion control coatings on steel structures, metallizing refers to the thermal
spraying of zinc or aluminium alloys as a coating directly onto steel surfaces.
Metallized coatings provide corrosion protection to steel by sacrificial and barrier
protection. The coating itself provides a barrier between the environment and the
steel surface, especially when applied in combination with conventional sealers as
topcoats. Due to the electrochemical reaction between steel and zinc or aluminium in
an aqueous and salt-contaminated environment, these coatings tend to “sacrifice”
themselves to protect the steel at the site of any damage in the coating. This sacrificial
protection is similar to the protection provided by zinc-rich primers or
galvanizing. The project can be considered successful and equipment advances
enabled metallizing to be done much faster than in the past. Under life-cycle costing,
metallizing can be advantageous despite its cost.
Deterioration in Extra Dozed bridge
The major hazards of in-service cable supported bridges, including fatigue

cracking of orthotropic steel decks, deterioration of cables, damage of main cables,
hangers and expansion joints etc. Advanced maintenance and rehabilitation tools are
introduced to save the life-cycle cost, acoustic emission monitoring technique and
cold retrofit technique are detailed studied. A framework is provided for the
strategies of maintenance and rehabilitation based on life-cycle cost. The framework
takes into account of the safety, serviceability and sustainability during the lifetime of
cable supported bridges. The Cable supported bridges are subject to Fatigue and
fracture, Durability, Life-cycle cost, Maintenance and rehabilitation, Cold retrofit
technique, Sustainability.
Life-Cycle Cost Based Maintenance and Rehabilitation Strategies for Cable

Supported Bridges, Problems mainly include fatigue failure of the orthotropic steel
deck, fracture or deterioration of main cables and hangers, as well as wear and
damage of expansion joints, due to wheel loading, harsh environments and natural
hazards. Consequences of traffic closure or even traffic capacity reduction may lead to
inconvenience for users and thus result in significant losses of society and economy.
Therefore, sound maintenance and rehabilitation strategies for cable supported
bridges are important for the purpose of providing an acceptable standard of safety
and serviceability, as well as meeting the sustainability and low carbon energy
requirements during their operation service time.
Fatigue Cracking of Orthotropic Steel Decks Orthotropic steel decks (OSDs)

have been widely used in cable supported bridges for several decades in parts of the
world for they are considerably lighter, thus allow longer spans to be efficiently
designed.
The complex configurations and direct exposure to repeated vehicular loading

lead to relatively high levels of stress concentration. Many details of OSDs are fatigue-
sensitive. Recently, more and more engineers, researchers, as well as bridge owners
pay more attention to the fatigue problem of the OSDs since a large number of fatigue
cracks have been found. Hundreds of fatigue cracks have been detected in the steel
decks.
Stay cables are made of high strength steel strands and are susceptible
to corrosion with the presence of humidity and oxygen. Under the action of
repeated vehicle load, ED cables may initiate fatigue cracks and in the
meanwhile, the buffeting and fluttering vibrations caused by wind and rain
would increase the stress in the stay cables and make the fatigue.
Test Deterioration of stay cables mainly refers to damage in the cover,

corrosion of steel wires, fatigue of cable and cable anchor systems, and other damages
caused by excessive vibration. The corrosion of stay cables includes uniform
corrosion, dent corrosion, crack corrosion, stress corrosion and corrosion fatigue.
Anti-corrosion measures should be made on a case-by-case basis since each bridge is
different in production, transportation, storage, erection and maintenance. Commonly

used PE protective cover of stay cables may deteriorate due to damages such as
transverse cracks, longitudinal cracks, scratches, corrugations and indentations. After
these, corrosion of the steel wire may accelerate. In addition, the actions of wind and
rain, or the vibration of the bridge tower and deck, vibrations such as wake galloping,
vortex-induced vibration, rain vibration, parametric-induced vibration as well as
buffeting may occur. Some of these vibrations’ amplitudes are not big, but the
frequency is relatively larger while others amplitudes may be big. Such vibrations of
the stay cables are the main cause of fatigue in the vicinity of the anchorages of cable-
stayed bridges and may also damage the corrosion protection system of cables or
even lead to the failure of stay cables.
The main cables and hangers are essential elements of a suspension bridge
and they are also the most difficult components to maintain. Thus, more attention
should be paid to their maintenance and rehabilitation. A main cable’s damage has
always been associated with corrosion. The damage of hangers has always been
associated with corrosion. The vibrations such as buffeting, galloping and rain
vibration or a combination of these.
As the temperature changes, the girder of cable supported bridges will

experience expansion and contraction which may lead to longitudinal strain in the
girder. In the meanwhile, the bridge deck will produce longitudinal displacements
under vehicle loads. In order to meet the requirements of such strain and
deformation, it is necessary to set expansion joints between the bridge girder and the
abutment or between hinged joints. As expansion joints are repeatedly subjected to
vehicle loads, even a very small unevenness can cause a great impact. Expansion
joints have been recognized as weak components in cable supported bridges for a
long time. In addition, along with the rapid increase of traffic volume and the
unavoidable phenomenon of overload, the impact of expansion joints increases. This
may accelerate the wear and damage of expansion joints and cause both economic
and social problems in maintenance and rehabilitation during the operation service
time.
Dehumidification System Steel corrosion is a recognized cause for

deterioration in bridge cables and girders. There were several cases worldwide where
rehabilitation and replacement had to be done due to corrosion problems and these
led to enormous costs of bridge maintenance. Traditional anti-corrosion protection
systems for components such as main cables and steel girder cannot totally prevent
corrosion, but merely slow it down. The invention and application of dehumidification
systems have proven to be able to totally prevent corrosion. Generally,
dehumidification systems can be designed and installed in components such as main
cable, cables saddles and anchor houses of suspension bridges and also at steel
girders.
The cost of maintenance and rehabilitation depends on the reliability level for
when the maintenance and rehabilitation work is to be applied. Thus, formulating a
reasonable reliability level after maintenance and rehabilitation is important to
provide an acceptable level of safety and serviceability during operation service over
the entire life cycle.
Major hazards of in-service cable supported bridges, including fatigue

cracking of orthotropic steel decks, deterioration of cables, damage of main cables,
hangers and expansion joints are analysed in operation condition.
Advanced maintenance and rehabilitation tools are introduced to save the life-
cycle cost, acoustic emission monitoring technique and cold retrofit technique.
Bridge Management Systems (BMS)
The growth of the bridge stock and the availability of computers have led to
the development of bridge management systems (BMS) for managing the bridges. It is
important that bridge management is brought into consideration at the very
beginning of the bridge design stage. Recent experience has shown that the durability
and maintenance should also be addresses along with safety and serviceability at the
design stage itself. It is accepted fact that many parts of the bridges from bearings,
expansion joints, surfacing, etc. to hangers, cable stays and external prestressing
tendons all have to be replaced. Some of these replacements are more than once
during the design lifetime of the bridge. Account should be taken at the design stage
so that replacements can be carried out with ease and with minimum intervention to
traffic.
Bridge structures need to maintain from time to time to brought into service
and the people who are responsible for maintenance are different from those who
carry out the design. Therefore, the maintaining parties need to have a full set of the
drawings and maintenance schedules that indicate the frequency of inspection &
maintenance. The maintenance plan should also highlight areas where something has
gone wrong during construction & which need special monitoring.
Once the bridge is completed, it starts to be exposed under the impaction of both
traffic & the environment. A comprehensive bridge management system is an
integrated set of formal procedure for directing / controlling all activities related to
bridges. A bridge management system should incorporate:-
 A set of data that describes the physical and operating condition of the bridge at any
given time.
 A procedure for predicting changes in the bridge condition caused by future
deterioration and improvement work.
A number of BMS are now being developed, which may comprising of three main
modules – recommendations, optimization and improvement. It is designed only for
bridges. It covers only routine maintenance and deterioration part of the highway
bridge management activities.
The bridge management system is necessary to ensure a rational study of a

bridge from conception to the end of useful life. The bridge is planned to be inspected
as per requirement. The cables will have a monitoring system which may consists of
laser vibrometer to monitor structural of the cables. It measures the cables under
excitation, or prevailing wind conditions. The vibrometer allows the evaluators to
target more than one cable from a single setup. For maintenance, the type of cable is
most important in dealing with corrosion protection and cable anchorage. The option
to protect the cable from corrosion is using polyethylene pipe to enclose epoxy coated
cables.
The long term condition assessment of cable & bridge decks on the structural
health monitoring techniques shall improve predictions of deterioration over the
service life and guide future decision making on bridge maintenance & repair.
The Routine/Regular inspections & other activities of the bridge & its components
shall be carried out as per IRC SP-18, IRC-SP-35, IRC-SP-52 and relevant guidelines
issued by MoRTH from time to time. The contractor shall hand over two complete &
durable sets of ‘as built ‘drawings & designs duly signed by contactor & Authority
Engineer to the Authority at the time of issue of completion certificate. The
contractor shall carry out NDT on each & every components of bridge before opening
to traffic and furnish the same to the Authority. Based on these data, ‘Principal /Detail
‘inspections shall be done an interval of 5 years or twice in the defect liability period.
Maintenance of Cable Stay Bridge Components:
The Contractor shall prepare a manual providing information about the basic
demands on the components used in the bridge, the construction of the bridge, and
suggestions about the inspection procedures based on recommendations of suppliers
and manufacturers. The major inspection should include the following:-
 Cable enclosure: A careful examination of the main cables is necessary to ensure that
their protective covering is in good condition. Cracking and unsoundness are the main
problems of the cable enclosure.
 Damping system: Damping system should be inspected to ensure that they are
performing as the original design required. The operation and adjustment of the
damping system should be executed according to the suggestions by the
manufacturer and should be part of the maintenance procedures of the structure. The
damping system may need to be replaced if the dampers are seriously deformed. The
maintenance of the damping system should base on the manual of the manufacturer.
 Cable anchorages: The anchorages should be inspected for water tightness; drainage
between guide transition pipes; and corrosion protection of the anchor system.
 Cables: To accurately determine the load – carry – capacity of the main cables, non-
destructive testing is required. First the alignment is inspected. The strength of the
stay is kept under the deign value.
 Cables: If the steel cables are wrapped inside a grout pipe, no maintenance is possible.
Maintaining of the protection means maintain the cable inside. Periodic maintenance
of a cable-stayed bridge includes repainting of cable enclosures or rewrapping of
polyethylene cable enclosures. Painting of metal enclosures is about every 15 to 20
years but the time varies depending on the environmental and site conditions.
Repairing should be compatible to the original paint system. The wrapping tape
should be rewrapped every 5 to 7 years.
 Anchorage Protection: The waterproofing system at the connection is crucial to the
cable and any defect in this part should be repaired immediately. Again, the recoating
should conform to the original coating of the system.
 Cable-stayed force adjustments: Maintenance should include the measurement of the
forces distributed on the cables to ensure no single cable is experiencing abnormal
excess force. If the long-term behaviour of the bridge is differs from that assumed in
the design, cable-stay force adjustments may be required. Any readjustment of stay
forces should be performed by experienced technicians based on the original design.
 Vibration adjustment: Vibration should be measured at constant time intervals and
should be compared to the operational manual. Excessive vibration of the cable could
result in damage to the whole bridge. The main forces inducing vibration are the wind
forces and water dropping on the cables. If vibrations are excessive, adjustments to
the damping system should be made. Solution to the problem is correction on the
damping system. Again, corrective measurements should be performed by
professionals.
 Cable protection: Cable protection protects the cable not only from moisture but also
temperature variations, ultraviolet attack, and environmental corrosions. Protection
has the tendency to put more importance on the grout or oil surrounding the stays.
They are crucial in extending the life expectancy of the cables.
 Retensioning of cables: The retensioning procedure for cable-stayed should be
incorporated to the original design. Actually, retensioning of the cables should be
required as a design requirement. Variations during construction, differences
between expected and actual material properties all require re-examine of the tension
of the cable stays and retensioning is often needed. Retensioning should be executed
only under experienced engineers and under a proper designed maintenance
program.
 Cable replacement: In modern cable-stayed bridge designs, complete cable
replacement under traffic is required in the design stage. The cable replacement is a
major rehabilitation work of the bridge should also be investigated as part of the
rehabilitation program.
Inspection Procedures
 Abutments: Footings should be checked for the potential of scour or undercutting.

The inspection should normally be done at the season of the lowest water level. Scour
or undercutting of a pier on piles can be quite serious, and hence exposed piles should
be properly inspected. Exposed concrete should be examined for the presence and
severity of cracks and visual signs of deterioration. Tops of piers and abutments are
particularly vulnerable to de-icing chemical attack. Steel partially encased in
substructure concrete should be inspected at exposed faces for deterioration and
movement. If any movement or settlement is suspected, piers and abutments should
be observed and compared with previous records.
 Piles: The piles in the splash zone and below the water surface should be checked for
corrosion and deterioration. All submerged piles should be checked for deterioration
and section loss, with special attention to exposed piles. Corrosion of exposed piles
can be more severe at the terminus of concrete encasement, at the waterline and at
the middle.
 Bearings: Bearings should be re-examined after unusual events such as traffic
damage, earthquake, or battering from flood debris. The inspection should focus on
the physical condition of bearing pads, including any abnormal flattering, bulging, or
splitting that may result in uneven distribution of loads. The concrete at bearing seats
should be checked for cracks and spalls.
Maintenance and rehabilitation:
 Foundation settlement: Uneven settlements usually lead to cracking of the

substructure. Uniform settlement may leave the unit intact and result in a change of
bridge elevations or a tilt of the substructure elements. Tilting of the substructure
often contributes to either closure or opening of the deck joints over the tilted
substructure, making joint replacement necessary.
 Scour: Protective materials to be placed around a scoured foundation must be
sufficient stable to resist the hydraulic forces causing the scouring in the first place.
The most commonly used repair methods include dump riprap, hand-laid riprap
bagged concrete and cofferdams.
 Pile repair: Although prestressed concrete piles show better resistance to the
chemical because of their dense, high-quality concrete cast under controlled
conditions and the fact is that the concrete is under compression. They are not
immune to deterioration. A jackets built over the deteriorated area is the most
common method adapted while pile deteriorated.
 Prestressed Concrete: Prestressed concrete offers many advantages as a material for
bridge construction such as better durability. Like steel, or any other material for that
matter, prestressed concrete requires a thorough and attentive maintenance program
to ensure that the structure serves its function at a high level of performance.
Inspection procedures of Prestressed Concrete Structure:
Basic features or conditions which should be identified by the inspector can be defined
as: cracking, wet spots, spalling, and excessive deflection, presence of efflorescence,
scaling and settlement or uplift of the structure. Of particular concern is the condition
of the prestressing tendons. Advanced methods based on non-destructive evaluation,
such as ultrasonic, electrical, and radiographic techniques can be used to indicate
possible delaminations in the concrete or corrosion to the prestressing steel.
Anchorage zones and beam ends should then be constantly inspected. These areas are
particularly susceptible to joint leakage and the intrusion of water at the anchorage.
In addition to moisture, anchorage zones are also susceptible to cracking due to high
stress at this location.
 Deterioration of prestressed concrete: Provided below is an outline of some of the
major forms of deterioration prestressed Concrete members are subject to:
1. Cracking
2. Deterioration of prestressing steel
3. Another source of deterioration is the deck joint leakage
 Rehabilitation of prestressed concrete: These both protect and repair a prestressed

concrete structure. One basic step is to repair and replace the deficient joints. A
preliminary assessment of damage should include a brief analysis of the approximate
strength of the member and then a complete capacity analysis should follow to
articulate stress levels in the damage section. Discussed below are some basic
methods to repair damage to prestressed concrete members:
1. Patching. For small, localize areas of deterioration, patching offers a quick low
cost remedial measure. If the patch is located in an area that is normally in
compression, the member should be preloaded to simulate the effects of live load
on the structure.
2. Crack injection: When an element is subjected to an overload condition which
induces cracking, the injection of epoxy resin is often a suitable repair method. On
the other hand, if the crack is subjected to constant loads, then the crack injection
is not recommended since the crack is likely to reappear.
3. Permanent formwork: If the prestressed concrete member has suffered from
accidental damage which caused the exposure of the prestressing steel,
permanent formwork is often used. Sometimes jacketing of the damaged area
with concrete is used. In essential, both of these repairs are similar to patch.
4. Sealers: Concrete sealers are used to protect the underlying concrete from being
intruded by moisture.
5. Strengthening: Methods include bonded external reinforcement, tendon
replacement and external posttensioning.
 Influence of maintenance on the design of highway structures:

The design considerations could help a bridge serviceable at a minimum cost
throughout its operational life.
Low-maintenance design:
To design a low maintenance bridge, the designs must be realistic and pragmatic of
the parts that have directly contact with the traffic. Hence, all such parts should be
designed to be inspected and replaced easily and rapidly. This means every part of
the bridge should be designed for rapidly inspection and reparation. The best way
to ensure rapid defect identification and reparation is to provide easy access to
every part of the bridge for future maintenance workers. Serious loss of strength
exacerbated because the economical use of materials and excessive deflections
can ensue, leading to troublesome and expensive maintenance operations. In most
optimistic cases, the time-dependent properties should be studied to decide
maintenance procedures afterwards. It should be stressed that maintenance as
well aesthetics should be considered in the design stage of bridges. An expensive
bridge that will cheap to maintenance and will last for a longer time must be
shown in the long run cheaper than a cheaper bridge in construction but cost a lot
to maintenance and last a much shorter time.
 Practical design considerations
1. Elimination of roadway irregularities: As all the joints must be brought up to the

surface as well as the joints often shorter life span than other parts of the bridge,
the best way to eliminate such joint-related problems is to have as few joints as
possible. Changes of level often occur in the point where approach meets bridge.
Firstly, different compaction of the pavement will be prevented if the full depth of
paving is carried from the approach on to the bridge without reduction. Secondly,
approach embankments should be constructed in advance, to preload the ground
and the consolidation could be prevent after the pavement is constructed. Thirdly,
abutments and wing walls should be designed so that compaction machinery
could operate effectively.
2. Design for parts accessible to traffic: The functions of joints, surfacing
drainage, parapets, lighting and traffic aids merely assist to traffic for safely &
smoothly. They contribute substantially to the service a bridge provides to the
traffic passing through and should be designed based on the consideration of low
maintenance cost.
3. Joints: Volume changes may be caused by temperature variations, loss of
prestress, and shrinkage. A typical bridge may be approximately 1 in longer per
100 ft of length in the summer than in the winter. Forces, such as centrifugal and
longitudinal vehicle force, traction, earthquake, wind, earth pressure, and ice
loads all cause movements in the conjunction. AASHTO stipulates that thermal
movement must be provided for at the rate of 1.25 in/100 ft. Types of joints
developed for this purpose vary from open joints, simple planes or weakness, and
elastic joints to sliding bar joints. The joints must be represent the state-of-the-art
approach to accommodating the complex movements in a bridge. Deterioration of
expansion joints from continuous use must be accepted. Designing multi-span
bridges as continuous and reducing the number of joints. To evenly distribute the
movement, restrainer belts across joints could redistribute the movement to
other joints. The joint should be designed to carry traffic impact without
appreciable defection. In a desirable condition for low-maintenance design, joints
should have a life expectancy the same as the roadway deck. Some suggested
guidelines for joints are summarized as follows:
Seating’s should be provided to support the joints where joints have to be

used. Joint seals could then base on solid concrete rather than on mortar that is
likely to break under traffic. Use more holding-down bolts than theoretically
necessary to ensure that the joints are firmly embedded in strong structural
concrete. Provide the minimum number of expansion joints possible, consistent
with the concept of integral bridges. Continuous bridges with integral abutments
are the most practical method. Use oversized expansion joints to accommodate
anticipated movements. The movement should include creep and shrinkage effects.
A conservative factor of design is 1.25. Detail a joint to limit deflection under traffic
loads and prevent failure of the anchorage system. Enhance joint water tightness:
With open joints, use deflector plates to protect the bearings. Because joints are
open to damage from debris and dirt, make provisions for maintenance and
cleaning. If the joint design is the contractor's responsibility, introduce
performance specifications. Although cost may be increased, this would improve
performance. Provide relief joints at the bridge ends 30 to 50 ft. away from the
bridge ends to reduce force from pavement growth. Include quality control of all
materials, process, and fieldwork, and specify appropriate non-destructive
inspection and testing procedures. Prepare instructions and specifications for the
installation of the expansion joint devices. Finally, joint seal anchor bolts can be
fixed with nuts tightened to tension the anchor bolts to simplify the operation of
replacing the joints when it has to be replaced the day it wears out.
Mechanical and electrical equipment:
Operation parts normally require ongoing maintenance and repair. This means
that a preventive maintenance program must be developed for equipment such as
Parapets, lighting and traffic aids should be designed easy to move and replace and
at the same time, be constructed of corrosion-resistant material. Electric supplies
should be ducted, with draw pits and inspection chambers.
4. Bearings: Bearings in a bridge transmit the various vertical and horizontal

forces from the superstructure to the substructure. Bearings must be designed for
both the static loads from the dead weights of the structure and the dynamic loads
generated by passing vehicles, wind, temperature variations, tractive forces, and
earthquakes. The bearings are expected to function without maintenance for a
long period of time. Therefore, they must be properly inspected at regular
intervals because the stability and integrity of the entire structure depend on this.
Monitoring of the movement of the structure and observing the substructure and
superstructure members for signs of distress still is the best way to detect bearing
dysfunctions.
5. Durable concrete: The durability of concrete is determined by four factors:
cement content, compaction, cover and curing. Practically, strength requirements
for concrete can be achieved using concrete insufficient for durability. Concrete
quality may be further enhanced by the use of air-entraining. Durable concrete
may be obtained with the use of proper aggregates and vibration to ensure
placement without voids or rock pockets, and by following acceptable curing
procedures. Adequate cover can be assured by choosing a design with allowance
for site errors.
6. Substructures and foundations:

The major bridge failures worldwide, more than 45 percent of these bridge related
incidents are attributed to scour. This suggests that measures to reduce the
severity of this problem should be considered in the planning stage by selecting a
bridge site to minimize scour action. A review of substructure history of existing
bridges in the same vicinity and waterway may provide useful data and guidelines
with regard to the best protective philosophy.
7. Concrete bridge decks:

It appears that the deterioration of concrete bridge decks is the most frequently
mentioned problem. The main cause being salt-induced corrosion of the
reinforcing steel. For reducing concrete deck maintenance, the following are
recommended:
1. Emphasize the importance of quality control and place of reinforcing steel on plans
and in the specifications. Specify a water-cement ratio no greater than 0.4 combined
with air entrainment. Also, specify a minimum clear cover to the top steel of 2 inch.
2. Specify epoxy-coated bars in all decks to be subjected to salt applications. All
reinforcing steel in the deck should be coated to prevent formation of corrosion.
3. Specify high-density, low-slump concrete or latex-modified concrete with low
permeability for overlays. Past experience and research indicate that chloride
intrusion will continue but at a reduced rate.
4. In addition to the requirements specified above, use epoxy-coated bars on
particular vulnerable structures, such as segmental bridges, and on bridges
carrying high volume traffic.
8. Reinforced and prestressed concrete: To improve maintenance, a number of

recommendations for detailing of reinforced concrete are listed below:
1. Ensure that areas of secondary reinforcement provided are sufficient to cope with
early thermal cracking.
2. Provide suitable reinforcement at member junctions so that the actual restraints
are recognized, as opposed to the perhaps more pessimistic assumptions about
mutual restraints made in the design of the individual elements themselves.
3. Consider to use deeper but less heavily reinforced members.
4. Ensure adequate concrete cover to anchorages.
5. Ensure adequate cover to ducts along their whole lengths.

6. Take all possible steps in detailed design to ensure adequate grouting of ducts.
7. For both pre- and post-tension construction, ensure that anti-bursting steel in
anchorage zones is adequate and well detailed to avoid congestion.
8. For large segmental bridges, it may be necessary to modify the prestress force after
construction. Additional prestressing may also be dictated at a later date to
correct for unanticipated creep or for additional loads such as a new wearing
surface. The recommendation is to provide for the installation of additional
prestress of about 10 percent of the initial prestress. Since the tendon anchorage
for the spare ducts are inside the box girder and generally located at the web
flange fillet, they are easily accessible. If future prestressing becomes necessary, it
can be provided by inserting the required tendon in the duct, jacking it to the
design loads, anchoring and grouting it.
Tools & Plants:
The contactor shall ensure the availability of all tools & plants at site/camp to
carry out maintenance of Cable Stayed Bridge during DLP:
i. Hand tools
ii. Power tools
iii. Power tools cleaning to bare metal,
iv. Blast Cleaning tools,
v. Shrouded Power Tools,
vi. Proper lighting network
vii. MBIU
viii. Remote Sensing Drones
ix. Cable Dehumidifiers on anchor nodes: The main cables dehumidification
involves injecting dry air into the cables micro-environment & allowing the air
permeate into the interstitial spaces (voids) between the individual cable wires.
It addresses root causes of corrosion by removing water and therefore control
the humidity within the cable.
x. Fire Extinguisher System
xi. All safety accessories for workers
xii. Lift/elevators
xiii. Specialised Inspection vehicles
xiv. Rescue navigational system
xv. Others tools tec. Decided by Authority Engineer
Scheduling Maintenance and Repair:
There are times of the year when the effects of pollution from bridge
maintenance and repair would cause the most damage and times when the
damage would be minimal. The exact timing depends upon the site and the
species involved. Schedule bridge maintenance to avoid egg incubation, juvenile
rearing and downstream migration periods of fish. Using prefabricated bridge
elements and systems makes construction less disruptive for the
environment. Bats are primary predators of vast numbers of insect pests that are
extremely costly to farmers and foresters. The successful control of pollution
from bridge maintenance and repair involves minimizing the potential sources of
pollutants from the outset.
Conclusions:
Initial cost is mainly considered in constructing a bridge in the past, whereas

future payments such as the cost of strengthening or rehabilitation were
neglected. This situation has brought numerous economic as well as social
problems due to the lack of rational maintenance and rehabilitation strategies.
Thus, it is necessary and urgent to develop appropriate bridge maintenance and
rehabilitation strategies that not only meet serviceability criteria but also
consider the life-cycle cost (LCC) optimization. As for bridge management, new
technologies such as GIS and Imaging Technologies have immense potential in
implementing BMS objects. Non-destructive evaluation will also gain more
importance in determine bridge status. Besides these new developed
technologies, probability is crucial in determine total cost of a bridge and should
be combined with other engineering information to give the best results. These
methods give the BMS lots of space to be discovered. The concept of maintenance
is sure to get more and more consequence and it really deserves engineers today
to pay more attention especially on long life structure.
Schedule - F
(See Clause 4.1 (vii)(a))
Applicable Permits
1. Applicable Permits
(i) The Contractor shall obtain, as required under the Applicable Laws, the following
Applicable Permits:
(a) Permission of the State Government for extraction of boulders

from quarry;
(b) Permission of Village Panchayats and Pollution Control Board
for installation of crushers;
(c) Licence for use of explosives;
(d) Permission of the State Government for drawing water from
river/reservoir;
(e) Licence from inspector of factories or other competent
Authority for setting up batching plant;
(f) Clearance of Pollution Control Board for setting up batching
plant;
(g) Clearance of Village Panchayats and Pollution Control Board
for setting up asphalt plant;
(h) Permission of Village Panchayats and State Government for
borrow earth; and
(i) Permission of the IWAI (inland Waterway Authority of India)
for construction on Brahmaputra River steams.
(j) Any other permits or clearances required under Applicable
Laws.
ii. Applicable Permits, as required, relating to environmental protection

and conservation shall have been procured by the Authority in
accordance with the provisions of this Agreement.
Schedule – G
Annex-I
(See Clause 7.1)
Annex-I : Form of Bank Guarantee
[Performance Security/Additional Performance Security]
[DG(RD)&SS,
Ministry of Road Transport & Highways Transport Bhawan, New Delhi]

WHEREAS:
(A) [name and address of contractor] (hereinafter called the

“Contractor") and Ministry of Road Transport and Highway], (hereinafter called the
“Authority”) have entered into an agreement (hereinafter called the “Agreement”) for the
Construction of New Two Lane Bridge Including Approaches Over Brahmaputra
19+715 – Length of Bridge 6812.5 m (Part 1 of Package– II) on NH 715 K in the
State of Assam on EPC Mode) on Engineering, Procurement and Construction" (the "EPC")
basis, subject to and in accordance with the provisions of the Agreement
(B) The Agreement requires the Contractor to furnish a Performance Security for due and faithful
performance of its obligations, under and in accordance with the Agreement, during the
{Construction Period/ Defects Liability Period and Maintenance Period} (as defined in the
Agreement) in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee Amount”).
(C) We, ………………….. through our branch at …………………. (the “Bank”) have agreed to
furnish this bank guarantee (hereinafter called the “Guarantee”) by way of Performance
Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance
of the Contractor’s obligations during the {Construction Period/ Defects Liability Period and
Maintenance Period} under and in accordance with the Agreement, and agrees and undertakes
to pay to the Authority, upon its mere first written demand, and without any demur, reservation,
recourse, contest or protest, and without any reference to the Contractor, such sum or sums up
to an aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or for the
sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of [SE MoRTH],
that the Contractor has committed default in the due and faithful performance of all or any of its
obligations under and in accordance with the Agreement shall be conclusive, final and binding
on the Bank. The Bank further agrees that the Authority shall be the sole judge as to whether
the Contractor is in default in due and faithful performance of its obligations during and under
the Agreement and its decision that the Contractor is in default shall be final and binding on the
Bank, notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or
body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Agreement or to
extend the time or period for the compliance with, fulfillment and/ or performance of all or any
of the obligations of the Contractor contained in the Agreement or to postpone for any time,
and from time to time, any of the rights and powers exercisable by the Authority against the
Contractor, and either to enforce or forbear from enforcing any of the terms and conditions
contained in the Agreement and/or the securities available to the Authority, and the Bank shall
not be released from its liability and obligation under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason of time being given
to the Contractor or any other forbearance, indulgence, act or omission on the part of the
Authority or of any other matter or thing whatsoever which under any law relating to sureties
and guarantors would but for this provision have the effect of releasing the Bank from its
liability and obligation under this Guarantee and the Bank hereby waives all of its rights under
any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security now
or which may hereafter be held by the Authority in respect of or relating to the Agreement or
for the fulfillment, compliance and/or performance of all or any of the obligations of the
Contractor under the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee
is restricted to the Guarantee Amount and this Guarantee will remain in force for the period
specified in paragraph 8 below and unless a demand or claim in writing is made by the
Authority on the Bank under this Guarantee all rights of the Authority under this Guarantee
shall be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim under
this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be discharged
from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
the Bank at its above referred branch, which shall be deemed to have been duly authorised to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
$
Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with
Clause 7.2 of the Agreement).
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the Authority
that the envelope was so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force and effect
for up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Agreement.
Signed and sealed this ………. day of ……….., 20……… at

……….. SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:

(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.
(ii) The address, telephone number and other details of the head office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing branch.
Annex – II
(Schedule - G)
(See Clause 19.2)
Annex-II : Form for Guarantee for Advance Payment
[DG(RD)&SS,
Ministry of Road Transport & Highways Transport Bhawan, New Delhi]

WHEREAS:
(A) [name and address of contractor] (hereinafter called the “Contractor") has executed an
agreement (hereinafter called the “Agreement”) with The Chief Engineer (NH), Public Works
Department, Government of Assam,, (hereinafter called the “Authority”) for the
Construction of New Two Lane Bridge Including Approaches Over Brahmaputra
19+715 – Length of Bridge 6812.5 m (Part 1 of Package– II) on NH 715 in the State
of Assam on EPC Mode) on Engineering, Procurement and Construction (the “EPC”) basis,
subject to and in accordance with the provisions of the Agreement
(B) In accordance with Clause 19.2 of the Agreement, the Authority shall make to the Contractor an
interest bearing @Bank Rate + 3% advance payment (herein after called “Advance Payment”)
equal to 10% (ten per cent) of the Contract Price; and that the Advance Payment shall be made
in two installments subject to the Contractor furnishing an irrevocable and unconditional
guarantee by a scheduled bank for an amount equivalent to 110% (one hundred and ten
percent) of such installment to remain effective till the complete and full repayment of the
installment of the Advance Payment as security for compliance with its obligations in
accordance with the Agreement. The amount of {first/second} installment of the Advance
Payment is Rs. ------ cr. (Rupees ------ crore) and the amount of this Guarantee is Rs. ------- cr.
(Rupees ------ crore) (the “Guarantee Amount”)$.
(C) We, ………………….. through our branch at …………………. (the “Bank”) have agreed to
furnish this bank guarantee (hereinafter called the “Guarantee”) for the Guarantee Amount.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful repayment on
time of the aforesaid instalment of the Advance Payment under and in accordance with the
Agreement, and agrees and undertakes to pay to the Authority, upon its mere first written
demand, and without any demur, reservation, recourse, contest or protest, and without any
reference to the Contractor, such sum or sums up to an aggregate sum of the Guarantee Amount
as the Authority shall claim, without the Authority being required to prove or to show grounds
or reasons for its demand and/or for the sum specified therein.
$
The Guarantee Amount should be equivalent to 110% of the value of the applicable instalment.
A letter from the Authority, under the hand of an officer not below the rank of [SE MoRTH
Zone V], that the Contractor has committed default in the due and faithful performance of all or
any of its obligations for the repayment of the instalment of the Advance Payment under and in
accordance with the Agreement shall be conclusive, final and binding on the Bank. The Bank
further agrees that the Authority shall be the sole judge as to whether the Contractor is in default
in due and faithful performance of its obligations during and under the Agreement and its
decision that the Contractor is in default shall be final and binding on the Bank, notwithstanding
any differences between the Authority and the Contractor, or any dispute between them
pending before any court, tribunal, arbitrators or any other authority or body, or by the
discharge of the Contractor for any reason whatsoever.
2. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Guarantee.
3. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
4. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Advance Payment or
to extend the time or period of its repayment or to postpone for any time, and from time to time,
any of the rights and powers exercisable by the Authority against the Contractor, and either to
enforce or forbear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be released from its
liability and obligation under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the Contractor or any
other forbearance, indulgence, act or omission on the part of the Authority or of any other matter
or thing whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.
5. This Guarantee is in addition to and not in substitution of any other guarantee or security now
or which may hereafter be held by the Authority in respect of or relating to the Advance
Payment.
6. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee
is restricted to the Guarantee Amount and this Guarantee will remain in force for the period
specified in paragraph 8 below and unless a demand or claim in writing is made by the
Authority on the Bank under this Guarantee all rights of the Authority under this Guarantee
shall be forfeited and the Bank shall be relieved from its liabilities hereunder.
7. The Guarantee shall cease to be in force and effect on ****.$ Unless a demand or claim under
this Guarantee is made in writing on or before the aforesaid date, the Bank shall be discharged
from its liabilities hereunder.
8. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
9. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
$
Insert a date being 90 (ninety) days after the end of one year from the date of payment of the
Advance payment to the Contractor (in accordance with Clause 19.2 of the Agreement).
the Bank at its above referred branch, which shall be deemed to have been duly authorised to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the Authority
that the envelope was so posted shall be conclusive.
10. This Guarantee shall come into force with immediate effect and shall remain in force and effect
up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Agreement.
Signed and sealed this ………. day of ……….., 20……… at

……….. SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:

(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.
(ii) The address, telephone number and other details of the head office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing branch.
SCHEDULE - H
(See Clauses10.1.4 and 19.3)
Contract Price Weightages
The Contract Price for this Agreement is Rs. ******

Proportions of the Contract Price for different stages of Construction of the Project
Highway shall be as specified below
Weigh
tage in
percen Percen
tage to Stage for tage-
Item
the Payment Weight
Contr age
act
Price
1 2 3 4
Road works including A- Widening and

culverts, widening and strengthening of
repair of culverts existing road
(1) Earthwork up
to top of the sub-
grade
(2) Earthwork in
1.30% Shoulders
(3) Sub-Base
Course
(4) Non-
Bituminous Base
(5) Bituminous
Base Course
(6) Wearing Coat
(7) Widening and

repair of culverts
B.1-
Reconstruction/
New 2-lane
realignment/byp
ass (Flexible
pavement)
(1) Earthwork up
to top of the sub- 62.47%
grade
(2) Earthwork in
2.62%
Shoulders
(3) Sub-Base
7.89%
Course
(4) Non-
7.19%
Bituminous Base
(5) Bituminous
11.05%
Base Course
(6) Wearing Coat 6.71%
B.2-
Reconstruction/
New 2-lane
realignment/byp
ass (Rigid
pavement)
(1) Earthwork up
to top of the sub-
grade
(2) Earthwork in
Shoulders
(3) Sub-Base
Course
(4) Dry Lean

Concrete (DLC)
Course
(5) Pavement
Quality Concrete
(PQC) Course
C.1-
Reconstruction/
New Service
Road (Flexible
pavement)
(1) Earthwork up
to top of the sub-
grade
(2) Earthwork in
Shoulders
(3) Sub-Base
Course
(4) Non-
Bituminous Base
(5) Bituminous
Base Course
(6) Wearing Coat
C.2-
Reconstruction/
New Service
Road (Rigid
pavement)
(1) Earthwork up
to top of the sub-
grade
(2) Sub-Base
Course
(3) Dry Lean

Concrete (DLC)
Course
(4) Pavement
Quality Concrete
(PQC) Course
D-
Reconstruction
and New
Culverts on
existing road,
realignments,
bypasses:
Culvert
2.06%
(Length<6m)
Minor A.1- Widening

Bridges/Underpasses/O and repairs of
verpasses 0.00% Minor Bridges
(Length>6m and
<60m)
Minor Bridges
A.2- New Minor

Bridges
(Length>6m and
<60m)
(1) Foundation:
On completion of
the foundation
work including
foundations for
wing and return
walls, abutments,
piers.
(2) Sub-
structure: On
completion of
abutments, piers
upto the
abutment/ pier cap
including wing/
return/ retaining
wall upto top
(3) Super-
structure: On
completion of the
super-structure in
all respects
including Girder,
Deck slab,
bearings
(4) Approaches:
On completion of
approaches
including
Retaining walls,
stone pitching,
protection works
complete in all
respect, tests on
completion in all
respect and fit for
use
(5) Guide Bunds

and River
Training Works:
On completion of
Guide Bunds and
river training
works complete in
all respects
(6) Other
Ancillary Works:
On completion of
wearing coat,
expansion joints,
hand rails, crash
barriers, road
signs & markings,
tests on
completion in all
respect.
B.1- Widening
and Repair of
Underpasses/Ove
rpasses
Underpasses/Over
passes
B.2- New
Underpasses/Ove
rpasses
(1) Foundation:
On completion of
the foundation
work including
foundations for
wing and return
walls, abutments,
piers.
(2) Sub-
structure: On
completion of
abutments, piers
upto the
abutment/ pier cap
including wing/
return/ retaining
wall upto top
(3) Super-
structure: On
completion of the
super-structure in
all respects
including Girder,
Deck slab,
bearings.
(4) On completion
of Retaining /
Reinforced earth
walls, complete in
all respect and fit
for use
(5) Approaches
and Other
Ancillary Works:
On completion of
wearing coat,
expansion joints,
hand rails, crash
barriers, stone
pitching,
protection works,
road signs &
markings, tests on
completion in all
respect.
Wearing Coat (a)
in case of
Overpass-
wearing coat
including
expansion joints
complete in all
respects as
specified and
(b) in case of
underpass-rigid
pavement
including drainage
facility complete
in all respects as
specified
Major Bridge (Length A.1- Widening

>60m) works and and repairs of
ROB/RUB/elevated Major Bridges
sections /flyover
including viaducts, if
any (1) Foundation:
On completion of
the
foundation work
including
foundations
for return walls,
abutments, piers.
93.77
%
(2) Sub-structure:
On completion of
abutments, piers
upto the
abutment/
pier cap
(3) Super-
structure: On
completion of
the super-structure
in all respects
including Girder,
Deck slab,
bearings.
(4) Wearing coat

including
expansion joints
(5) Miscellaneous
Items like hand
rails, crash
barriers, road
markings etc.)
(6) Wings
walls/return walls
upto top
(7) Guides Bunds,

Rivers Training
works etc.
(8) Approaches
(including
Retaining walls,
stone pitching and
protections works)
A.2- New Major

Bridges
(1) Foundation:
On completion of
the
foundation work
34.16%
including
foundations
for return walls,
abutments, piers.
(2) Sub-structure:
On completion of
abutments, piers
16.55%
upto the
abutment/
pier cap
(3) Super-
structure: On
completion of
the super-structure
47.01%
in all respects
including Girder,
Deck slab,
bearings.
(4) Wearing coat

including 1.25%
expansion joints
(5) Miscellaneous
Items like hand
rails, crash 0.95%
barriers, road
markings etc.)
(6) Wings
0.05%
walls/return walls
(7) Guides Bunds,

Rivers Training 0.00%
works etc.
(8) Approaches
(including
Retaining walls, 0.03%
stone pitching and
protections works)
B.1- Widening
and Repair of (a)
ROB (b) RUB
(1) Foundation
(2) Sub-structure
(3) Super-
structure
(including
bearings)
(4) Wearing coat

(a) in case of
ROB - wearing
coat including
expansion joints
complete in all
respect ts as
specified and
(b) in case of
RUB - rigid
pavement under
RUB including
drainage facility
complete in all
respects as
specified
(5) Miscellaneous
Items like hand
rails, crash
barriers, road
markings etc.)
(6) Wings
walls/return walls
(7) Approaches
(including
Retaining walls,
stone pitching and
protections works)
B.2- New
ROB/RUB
(1) Foundation
(2) Sub-structure
(3) Super-
structure
(including
bearings)
(4) Wearing coat

(a) in case of
ROB - wearing
coat including
expansion joints
complete in all
respect ts as
specified and
(b) in case of
RUB - rigid
pavement under
RUB including
drainage facility
complete in all
respects as
specified
(5) Miscellaneous
Items like hand
rails, crash
barriers, road
markings etc.)
(6) Wings
walls/return walls
(7) Retaining /
Reinforced earth
walls
(8) Approaches
(including
Retaining walls,
stone pitching and
protections works)
C.1-Widening
and repair of
Elevated
section/Flyovers/
Grade
Separators
(1) Foundation
(2) Sub-structure
(3) Super-
structure
(including
bearings)
(4) Wearing coat

including
expansion joints
(5) Miscellaneous
Items like hand
rails, crash
barriers, road
markings etc.)
(6) Wings
walls/return walls
(7) Retaining /
Reinforced earth
walls
(8) Approaches
(including
Retaining walls,
stone pitching and
protections works)
C.2- New
elevated
section/Flyovers/
Grade
Separators
(1) Foundation:
On completion of
the foundation
work including
foundations for
return walls,
abutments, piers.
(2) Sub-structure:
On completion of
abutments, piers
upto the
abutment/ pier cap
(3) Super-
structure: On
completion of the
super-structure in
all respects
including Girder,
Deck slab,
bearings.
(4) Wearing coat

including
expansion joints
(5) Miscellaneous
Items like hand
rails, crash
barriers, road
markings etc.)
(6) Wings
walls/return walls
(7) Retaining /
Reinforced earth
walls
(8) Approaches
and Other
Ancillary Works
(wearing coat,
expansion joints,
hand rails, crash
barriers, road
signs & markings,
stone pitching,
protection works
etc.)
Other works 4.93% (i) Toll Plaza 0.00%
(ii) Road side

0.00%
drains
Lined Drain 0.00%
Unlined Drain 9.00%
(iii) Road signs,

markings, Km
stones, safety
devices 1.51%
(iv) Road
markings &
Studs` 1.13%
(v) Crash Barrier 0.00%
(vi) Project
Facilities 0.00%
a) Bus Bays 0.00%
b) Wayside
Amenities
excluding Slip
Roads & but
including all
internal roads
(Service areas
including Rest
Area) 0.00%
(c) Others 0.00%
(vii) Retaining
Wall 85.87%
(viii) RE Wall 0.00%
(ix) Street
Lighting 1.13%
(x) Utility Ducts 0.00%
(xi) Boundary
wall 0.00%
(xii) ATMS 0.00%
(xiii) Rain Water

Harvesting 0.00%
(xiv) Road side

Plantation
including
Horticulture in
Wayside
Amenities 0.00%
(xv) Protection
Works other than
approaches to the
bridges, elevated
sections/ flyover/
grade separators
and ROBs/ RUBs 0.00%
(xvi) Safety &

Traffic
Management
during const. 0.00%
(xvii) Other
miscellaneous
works including
Connecting road
& Junction under
Grade separator 1.36%
Procedure of estimating the value of work done.

(a) Road works
Procedure for estimating the value of road work done shall be as follows:
Stage of Percentage-
Payment procedure
Payment Weightage
A- Widening
and
strengthening
of existing road
(1) Earthwork
up to top of the
sub-grade
(2) Earthwork in
Shoulders
(3) Sub-Base Unit of measurement is linear length.

Course Payment of each stage shall be made on
pro rata basis on completion of a stage
(4) Non- in a length of not less than 10 (ten)
Bituminous percent of total length
Base
(5) Bituminous
Base Course
(6) Wearing
Coat
Cost of ten completed culverts shall be

(7) Widening determined on pro rata basis with
and repair of respect to the total number of culverts.
culverts Payment shall be made on the
completion of at least five culverts.
B.1-
Reconstruction
/ New 2-lane
realignment / Unit of measurement is linear length.
bypass Payment of each stage shall be made on
(Flexible pro rata basis on completion of a stage
pavement) in full length or 5 (five) Km length,
whichever is less.
(1) Earthwork 62.47%
up to top of the
sub-grade
(2) Earthwork in 2.62%

Shoulders
(3) Sub-Base 7.89%

Course
(4) Non- 7.19%

Bituminous
Base
(5) Bituminous 11.05%

Base Course
(6) Wearing 6.71%

Coat
B.2-
Reconstruction
/ New 2-lane
realignment /
bypass (rigid
pavement)
(1) Earthwork
up to top of sub- Unit of measurement is linear length.
grade Payment of each stage shall be made on
pro rata basis on completion of a stage
in full length or 5 (five) Km length,
(2) Sub-base
whichever is less.
Course
(3) Dry Leann

concrete (DLC)
(4) Pavement
Quality concrete
(PQC)
C.1- Unit of measurement is linear length.

Reconstruction Payment of each stage shall be made on
/ New service pro rata basis on completion of a stage

road / bypass in full length or 5(five) km length,
(Flexible whichever is less.
pavement)
(1) Earthwork
up to top of the
sub-grade
(2) Earthwork in
Shoulders
(3) Sub-Base
Course
(4) Non-
Bituminous
Base
(5) Bituminous
Base Course
(6) Wearing
Coat
C.2-
Reconstruction
/ New service
road (Rigid
Pavement)
Unit of measurement is linear length.

(1) Earthwork Payment of each stage shall be made on
up to top of sub- pro rata basis on completion of a stage
grade in full length or 5 (five) Km length,
whichever is less.
(2) Sub-base
Course
(3) Dry Leann
concrete (DLC)
(4) Pavement
Quality concrete
(PQC)
D-
Reconstruction
and New Cost of each culverts shall be
culverts on determined on pro rata basis with
existing road, respect to the total number of culverts.
realignments,
bypasses:
(1) Culverts 2.06% Payment shall be made on the

(Length <6m) completion of at least five culverts
@ For calculation of payment stage for main-carriageway the project length shall be
converted into equivalent 2 lane length. For example, if the total length of 4 lane main
carriageway is 100 km, then the equivalent length for calculation of payment stage will be
2 x 100 km. Now, if the total length of bituminous work to be done is 100 km, the cost per
km of bituminous work shall be determined as follows: Cost per km = P x weightage for
road work x weightage for bituminous work x (1/L)
Where
P = Contract Price
L = Total equivalent 2-Lane length in km as defined above
Similarly, the rates per km for other stages shall be worked out accordingly.
Note:
The length affected due to law and order problems or litigation during execution
including the length not handed over to the Contractor under clause 8.3 of this Contract
Agreement due to which the Contractor is unable to execute the work, may be
deducted from the total project length for payment purposes. The total length
calculated here is only for payment purposes and will not affect and referred in other
clauses of the Contract Agreement
(ii) Minor Bridges and Underpasses/Overpasses

Procedure for estimating the value of Minor bridge and Underpasses/Overpasses shall
be as stated in table 1.3.2:
Table 1.3.2
Stage Of Payment Weightage Payment Procedure
1 2 3
Cost of each minor bridge shall

be determined on pro rata basis
A.1 Widening and
with respect to the total linear
repair of minor bridges
length of the minor bridges.
Payment shall be made on the
length > 6m and < 60 m)
completion of widening &
repair works of a minor bridge
A.2- New minor bridges
Foundation: Cost of each minor

bridge shall be determined on
pro- rata basis with respect to
the total linear length (m) of the
minor bridges. Payment against
(1) Foundation: On foundation shall be made on
completion of the pro-rata basis on completion of
foundation work a stage i.e. not less than 25% of
including foundations for the scope of foundation of each
wing and return walls, bridge.
abutments, piers.
In case where load testing is
required for foundation, the
trigger of first
payment shall include load
testing also where specified.
(2) Sub-structure: On Sub-structure: Cost of each

completion of abutments, minor bridge shall be
piers upto the abutment/ determined on pro- rata basis
pier cap including wing/ with respect to the total linear
return/ retaining wall upto length (m) of the minor bridges.
top Payment against substructure

shall be made on pro-rata basis
on completion of a stage i.e. not
less than 25% of the scope of
sub-structure of each bridge.
Super-structure: Payment shall

be made on pro-rata basis on
completion
of a stage i.e. completion of
super structure of at least one
span in all
respects as specified in the
(3) Super-structure: On
column of Stage of Payment" in
completion of the super-
this sub- clause. In case of
structure in all respects
structures where pre-cast girders
including Girder, Deck
have been proposed by the
slab, bearings
Contractor, 50% of the stage
payment shall be due and
payable on casting of girders for
each span and balance 50% of
the stage payment shall be made
on completion of stage specified
as above
(4) Approaches: On Approaches: Payment shall be

completion of approaches made on pro-rata basis on
including Retaining completion of a
walls, stone pitching, stage i.e. completion of
protection works approaches in all respect as
complete in all respect, specified in the column of
tests on completion in all "Stage of Payment" in this sub-
respect and fit for use clause.
Guide Bunds and River Training

(5) Guide Bunds and Works:
River Training Works:
On completion of Guide Payment shall be made on pro-
Bunds and river training rata basis on completion of a
works complete in all stage i.e. completion of Guide
respects Bunds and River training Works
in all respects as specified
(6) Other Ancillary

Works: On completion of
Other Ancillary Works:
wearing coat, expansion
Payment shall be made on pro-
joints, hand rails, crash
rata basis on completion of a
barriers, road signs &
stage in all respects as specified
markings, tests on
completion in all respect.
Cost of each underpass/overpass

shall be determined on pro rata
basis with respect to the total
B.1- Widening and
linear length of the underpasses/
Repair of
overpasses. Payment shall be
Underpasses/Overpasses
made on the completion of
widening & repair works of a
underpass/overpass.
Foundation: Cost of each

Underpass/ Overpass shall be
determined on pro- rata basis
length (m) of the
B.2- New Underpasses/ Underpasses/Overpasses.
Overpasses: Payment against foundation
(1) Foundation: On shall be made on pro-rata basis
completion of the on completion of a stage i.e. not
foundation work less than 25% of the scope of
including foundations for foundation of each Underpasses/
wing and return walls, Overpasses.
abutments, piers.
trigger of first payment shall
include load testing also where
specified.
Sub-structure: Cost of each

(2) Sub-structure: On
Underpass/ Overpass shall be
completion of abutments,
determined on pro- rata basis
piers upto the abutment/
pier cap including wing/
length (m) of the Underpasses/
return/ retaining wall upto
Overpasses.
top
Payment against sub-structure
shall be made on pro-rata basis

on completion of a stage i.e. not
less than 25% of the scope of
sub-structure of each
Underpasses/Overpasses.
Super-structure: Payment shall

be made on pro-rata basis on
completion of a stage i.e.
completion of superstructure
of at least one span in all
respects as specified in the
(3) Super-structure: On column of "Stage of Payment"
completion of the super- in this sub-clause. In case of
structure in all respects structures where pre-cast girders
including Girder, Deck have been proposed by the
slab, bearings. Contractor, 50% of the stage
payment shall be due and
each span and balance 50% of
as above
(4) On completion of
Payments shall be made on pro
Retaining / Reinforced
rata basis on completion of 20%
earth walls, complete in
of the total area.
all respect and fit for use
(5) Approaches and Other

Ancillary Works: On
completion of wearing
coat, expansion joints,
hand rails, crash barriers,
road signs & markings,
stone pitching, protection
works, tests on
completion in all respect.
(iii) Major Bridge works, ROB/RUB and Structures

Procedure for estimating the value of Major Bridge works, ROB/RUB and Structures
Work shall be as stated in table 1.3.3:
Table 1.3.3
Stage Of Payment Weightage Payment Procedure
1 2 3
A.1- Widening and

repairs of Major
Bridges
Foundation:
Cost of each Major bridge shall
length (m) of the Major bridges.
Payment against foundation+sub-
structure shall be made on pro
stage i.e. not less than 25% of the
(i) Foundation
scope of the Major bridge subject
to completion of at least two
foundations of the Major bridge.

specified.
Sub Structure: Payment against

substructure shall be made on
pro-rata basis on completion of a
(ii) Sub Structure:
scope of substructure of major
bridge.
Super-structure:
stage i.e. completion of super-
structure including bearings of at
least one span in all respects as
specified. In case of structures
(ii) Super-Structure
where pre-cast girders have been
(including bearings):
proposed by the Contractor, 50%
of the stage payment shall be due
and payable on casting of girders
for each span and balance 50% of
as above
Wearing Coat:
(iv) Wearing Coat
rata basis on completion of
including expansion
Wearing Coat including
joints
expansion joints complete in all
respects as specified.
Miscellaneous: Payment shall be

(v) Miscellaneous Items
made on completion of wearing
like hand rails, crash
coat including expansion joints
barriers, road
complete in all respects as
markings etc.
specified.
Wing Walls/return walls:

Payment shall be made on
(vi) Wing Walls/return
completion of Wing Walls/return
walls
walls complete in all respects as
specified.
Guide Bunds, River Training

Works: Payment shall be made
(vii) Guide Bunds,
on completion of Guide Bunds,
River Training Works
River Training Works etc.
etc.
specified.
(viii) Approaches Approaches: Payments shall be

(including Retaining made on pro rata basis on
walls, stone pitching completion of 10% of the scope
and protection works) of each stage.
A.2- New Major

Bridges
34.16% Foundation:
Cost of each Major Bridge shall
length (m) of the Major
Bridge. Payment
against foundation shall be made
on pro-rata basis on completion
(i) Foundation of a stage i.e. not less than 25%
of the scope of foundation of the
major Bridge.

specified.
16.55% Sub Structure: Payment against

(ii) Sub Structure:
scope of substructure of major
bridge.
47.01% Super-structure:
stage i.e. completion of super-
(ii) Super-Structure
structure including bearings of at
(including bearings):
least one span in all respects as
specified. In case of structures

as above
1.25% Wearing Coat:

(iv) Wearing Coat
completion of wearing coat
including expansion
including expansion joints
joints
specified.
0.95% Miscellaneous: Payment shall be

(v) Miscellaneous Items made on completion of all
like hand rails, crash miscellaneous works like hand
barriers, road rails, crash barriers, road
markings etc. markings etc. complete in all
0.05% Wing Walls/return walls:

(vi) Wing Walls/return
completion of Wing Walls/return
walls
walls complete in all respects as
specified.
0.00% (vii) Guide Bunds, River

Training Works: Payments shall
(vii) Guide Bunds,
be made on completion of all
River Training Works
guide bunds/river training works
etc.
etc. complete in all respects as
specified.
(viii) Approaches 0.03% (viii) Approaches: Payments

(including Retaining shall be made on pro rata basis on
walls, stone pitching completion of 10% of the scope
and protection works) of each stage.
B.1- Widening and

repairs of
(a) ROB
(b) RUB
Foundation:
Cost of each ROB/RUB shall be
determined on pro rata basis with
respect to the total linear length
(m) of the ROBs/RUBs. Payment
on pro rata basis on completion
of a stage i.e. not less than 25%
of the scope of the ROB/RUB
(i) Foundation
subject to completion of at least
two foundations of the
ROB/RUB

specified.
Sub Structure: Payment against

sub-structure shall be made on
pro rata basis on completion of a
(ii) Sub Structure: scope of sub-structure of
ROB/RUB subject to completion
of at least two sub-structures of
abutment/pier cap level of the
ROB/RUB
Super-structure:
stage i.e. completion of
superstructure including bearings
(ii) Super-Structure of at least one span in all respects
(including bearings): as specified. In case of structures

as above
Wearing Coat:
(iv) Wearing Coat completion of
including expansion (a) in case of ROB-wearing coat
joints in case of ROB. including expansion joints
In case of RUB, rigid complete in all respects as
pavement under RUB specified and
including drainage (b) in case of RUB-rigid
facility as specified. pavement under RUB including
drainage facility complete in all
Miscellaneous: Payments shall

(V) Miscellaneous be made on completion of all
items like hand rails, miscellaneous works like hand
crash barriers, road rails, crash barriers, road
markings etc. markings etc. complete in all
respects specified
Wing walls/return walls:

Payments shall be made on
(vi) Wing walls/return
completion of all wing walls
walls
/return walls complete in all
respect as specified
(vii) On completion of
Retaining / Reinforced Payments shall be made on pro
earth walls complete in rata basis on completion of
all 20% of the total area
respect and fit for use
(viii) Approaches and

Other Ancillary
Works: On completion
of wearing coat,
expansion joints, hand
rails, crash barriers,
stage in all
road signs & markings,
respects as specified
stone pitching,
protection works, tests
on completion in all
respect.
B. 2- New
(a) ROB
(b) (RUB)

ROB/RUB shall be determined
on pro rata basis with respect to
the total linear length
(m) of the ROB/RUB. Payment
(i) Foundation of the scope of foundation of the
ROB/RUB.

specified.
Sub-structure: Payment against

(ii) Sub- structure
scope of substructure of
ROB/RUB.
Super-structure: Payment shall be

made on pro-rata basis on
including bearings of at least one
span in all respects as specified.
(ii) Super- In case of structures where pre-
structure(including cast girders have been proposed
bearings) by the Contractor, 50% of the
stage payment shall be due and
each span and balance 50% of the
stage payment shall be made on
completion of stage specified as
above
Wearing Coat: Payment shall be

made on completion
(a) in case of ROB- wearing coat

(iv) Wearing Coat
including expansion joints
including expansion
joints in case of ROB.
specified
In case of RUB, rigid
pavement under RUB
and
including drainage
facility as specified.
(b) in case of RUB-rigid
pavement under RUB including
drainage facility complete in all
Miscellaneous: Payments shall be

made on completion of all
miscellaneous works like hand
like hand rails, crash,
rails, crash barriers, road
road markings etc.
markings etc. complete in all

(vi)Wing walls/return
completion of all wing
walls
walls/return walls complete in all
earth walls complete in rata basis on completion of 20%
all respect and fit for of the total area.
use
(viii) Approaches
(including Retaining Payment shall be made on pro-
walls/Reinforced Earth rata basis on completion of a
wall,, stone pitching stage in all respects as specified
and protection works)

structure shall be determined on
pro rata basis with respect to the
total linear length
(m) of the structure. Payment
C.1- Widening and on pro-rata basis on completion
repairs of Elevated of a stage i.e. not less than 25%
Section/Flyovers/Grade of the scope of foundation of the
Separators structure.
(i)Foundation
specified.

(ii) Sub- structure
structure.

(iii) Super- structure
(including bearings)
In case of structures where pre-

cast girders have been proposed
by the Contractor, 50% of the
above
Wearing Coat: Payment shall be

(iv) Wearing Coat made on completion of wearing
including expansion coat including expansion joints
joints complete in all respects as
specified.

road markings etc.

walls
use
(viii) Approaches
(including Retaining
walls, stone pitching
C.2 - New Elevated

Section/Flyovers/Grade
Separators

structure shall be determined on
pro rata basis with respect to the
total linear length
(m) of the structure. Payment
(i) Foundation
of the scope of foundation of the
structure.

specified.

(ii) Sub- structure
structure.

In case of structures where pre-
(iii) Super- structure
cast girders have been proposed
(including bearings)
by the Contractor, 50% of the
above
(iv) Wearing Coat Wearing Coat: Payment shall be

including expansion made on completion of wearing
joints coat including expansion joints

specified.

road markings etc.

walls
use
(viii) Approaches
(including Retaining
walls, stone pitching
Note:
(1) In case of innovative Major Bridge projects like cable suspension/cable stayed/
Extra Dozed and exceptionally long span bridges, the schedule may be modified as
per 208 site requirements before bidding with due approval of DG(RD)&SS,
MoRT&H.
(2) The Schedule for exclusive tunnel projects may be prepared as per site
requirements before bidding with due approval of DG(RD)&SS,MoRT&H.
(iv) Other Works.

Procedure for estimating the value of other works done shall be as stated in table 1.3.4:
Table 1.3.4
Stage of Payment Weightage Payment Procedure
Unit of measurement is each

completed toll plaza. Payment of each
(i) Toll Plaza 0.00% toll plaza shall be made on pro rata
basis with respect to the total of all toll
plaza.
(ii) Road side

0.00%
drains
Lined Drain 0.00%
Unlined Drain 9.00%

Unit of measurement is linear length in
km. Payment shall be made on pro rata
(iii) Road signs, basis on completion of a stage in a
markings, Km length of not less than 10% (ten per
stones, safety cent) of the total length.
devices 1.51%
(iv) Road
markings &
Studs` 1.13%
(v) Crash Barrier 0.00%
(vi) Project
Facilities 0.00%
Payment shall be made on pro rata
basis for completed facilities.
(a) Bus Bays 0.00%
b) Wayside
0.00%
Amenities
excluding Slip
Roads & but
including all
internal roads
(Service areas
including Truck
Lay-Byes)
(c) Others 0.00%
(vii) Retaining
Wall 85.87%
(viii) RE Wall 0.00%
(ix) Street
Lighting 1.13%
(x) Utility Ducts 0.00%
(xi) Boundary
wall 0.00%
Unit of measurement is linear length.
Payment shall be made
(xii) ATMS 0.00% on pro rata basis on completion of a
stage in a length of not less than 10%
(ten per cent) of the total length.
(xiii) Rain Water
Harvesting 0.00%
(xiv) Road side

Plantation
including
Horticulture in
Wayside
Amenities 0.00%
(xv) Protection
Works other than
approaches to the
bridges, elevated 0.00%
sections/ flyover/
grade separators
and ROBs/ RUBs
(xvi) Safety &

Traffic Payment shall be made on prorate
Management basis every six months.
during const. 0.00%
(xvii) Other
miscellaneous
works including Payment should be made on pro rata
Connecting road basis on completion of each stage
& Junction under
Grade separator 1.36%
2. Procedure for payment for Maintenance

(a) The cost for maintenance shall be as stated in Clause 14.1 (v).
(b) Payment for Maintenance shall be made in accordance with the provisions of
Article 14 and Article 19.
Schedule - I
(See Clause 10.2 (iv))
Drawings
1. Drawings
In compliance of the obligations set forth in Clause 10.2 of this Agreement, the
Contractor shall furnish to the Authority’s Engineer, free of cost, all Drawings listed in
Annex-I of this Schedule-I.
2. Additional Drawings
If the Authority’s Engineer determines that for discharging its duties and functions
under this Agreement, it requires any drawings other than those listed in Annex-I, it
may by notice require the Contractor to prepare and furnish such drawings forthwith.
Upon receiving a requisition to this effect, the Contractor shall promptly prepare and
furnish such drawings to the Authority’s Engineer, as if such drawings formed part of
Annex-I of this Schedule-I.
Annex – I
(Schedule - I)
Annex-I List of Drawings
A broad list of the drawings of the various components/elements of the Project Highway
and project facilities required to be submitted by the Contractor is given below:
a) Horizontal & vertical alignment with details of reference pillars, Horizontal

intersection points, vertical intersection points, elements of curves and sight
distances, and roadway super elevation details. It should also show the beginning
and end of all structures.
b) Cross section at 50m interval along the alignment with ROW, and all underground
and above ground utilities.
c) Typical cross section with details of pavement structures and embankments.
d) Detailed drawings for individual Bridge (including fabrication drawings) &
Structures.
e) Detailed drawings for individual culverts.
f) Detailed layout drawings for intersections, rotaries, loops & ramps.
g) Drawings for Road sign, marking etc
h) Detailed layout drawings for Street lighting and variable message signs.
i) Traffic management drawings for safety in construction zones.
j) Detailed drawings of road side furniture and safety structures.
k) Detailed drawing of guide bunds and protection works.
l) Detailed drawings of Drainage including chute drains etc
m) Detailed drawings of Launching and/or erection scheme/scaffolding details for
individual Bridge & Structures and river channel protection during construction.
Note: Fabrication drawings and shop drawings should be submitted after designed
drawings are approved.
Schedule - J
(See Clause 10.3 (ii))
Project Completion Schedule
1. Project Completion Schedule
During Construction period, the Contractor shall comply with the requirements set
forth in this Schedule-J for each of the Project Milestones and the Scheduled
Completion Date. Within 15 (fifteen) days of the date of each Project Milestone, the
Contractor shall notify the Authority of such compliance along with necessary
particulars thereof.
2. Project Milestone-I
(i) Project Milestone-I shall occur on the date falling on the 365th (Three Hundred and
Sixty Fifth) Day from the Appointed Date (the “Project Milestone- I”).
(ii) Prior to the occurrence of Project Milestone-I, the Contractor shall have commenced
construction of the Project Highway submitted to the Authority duly and validly
prepared Stage Payment Statements for an amount not less than 10% (Ten percent)
of the Contract Price and should have started construction of main Brahmaputra
Bridge.
3. Project Milestone-II
(i) Project Milestone-II shall occur on the date falling on the 657th (Six Hundred Fifty
Seventh) Day from the Appointed Date (the “Project Milestone- II”).
(ii) Prior to the occurrence of Project Milestone-II, the Contractor shall have continued
with construction of the Project Highway and submitted to the Authority duly and
validly prepared Stage Payment Statements for an amount not less than 35% (Thirty
Five percent) of the Contract Price and should have started construction of all other
Bridges and Structures.
4. Project Milestone-III
(i) Project Milestone-III shall occur on the date falling on the 949th (Nine Hundred Forty
Nineth) Day from the Appointed Date (the “Project Milestone- III”).
(ii) Prior to the occurrence of Project Milestone-III, the Contractor shall have continued
validly prepared Stage Payment Statements for an amount not less than 55% (Fifty
Five percent) of the Contract Price and should have started construction of all project
facilities.
5. Project Milestone-IV
(iii) Project Milestone-III shall occur on the date falling on the 1241th (One Thousand and
Two Hundred Forty One) Day from the Appointed Date (the “Project Milestone-
IV”).
(iv) Prior to the occurrence of Project Milestone-IV, the Contractor shall have continued
validly prepared Stage Payment Statements for an amount not less than 80% (Eighty
percent) of the Contract Price and should have started construction of all project
facilities.
6. Scheduled Completion Date
(i) The Scheduled Completion Date shall occur on the 1460th (One Thousand Four
Hundred and Sixtyth) Days from the Appointed Date.
(ii) On or before the Scheduled Completion Date, the Contractor shall have completed
construction in accordance with this Agreement.
7. Extension of time
Upon extension of any or all of the aforesaid Project Milestones or the Scheduled
Completion Date, as the case may be, under and in accordance with the provisions of
this Agreement, the Project Completion Schedule shall be deemed to have been
amended accordingly.
Schedule - K
(See Clause 12.1 (ii))
Tests on Completion
1. Schedule for Tests
(i) The Contractor shall, no later than 30 (thirty) days prior to the likely completion of
construction, notify the Authority’s Engineer and the Authority of its intent to subject
the Project Highway to Tests, and no later than 10 (ten) days prior to the actual date
of Tests, furnish to the Authority’s Engineer and the Authority detailed inventory and
particulars of all works and equipment forming part of Works.
(ii) The Contractor shall notify the Authority’s Engineer of its readiness to subject the
Project Highway to Tests at any time after 10 (ten) days from the date of such notice,
and upon receipt of such notice, the Authority’s Engineer shall, in consultation with
the Contractor, determine the date and time for each Test and notify the same to the
Authority who may designate its representative to witness the Tests. The Authority’s
Engineer shall thereupon conduct the Tests itself or cause any of the Tests to be
conducted in accordance with Article 12 and this Schedule-K.
2. Tests
(i) Visual and physical test: The Authority’s Engineer shall conduct a visual and physical
check of construction to determine that all works and equipment forming part
thereof conform to the provisions of this Agreement. The physical tests shall include
[***].
(ii) Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of a Network Survey Vehicle (NSV) fitted with latest equipments and
the maximum permissible roughness for purposes of this Test shall be [2,000 (two
thousand)] mm for each kilometre.
(iii) Tests for bridges: All major and minor bridges shall be subjected to the rebound
hammer and ultrasonic pulse velocity tests, to be conducted in accordance with the
procedure described in Special Report No. 17: 1996 of the IRC Highway Research
Board on Non destructive Testing Techniques, at two spots in every span, to be
chosen at random by the Authority’s Engineer. Bridges with a span of 15 (fifteen)
metres or more shall also be subjected to load testing.
(iv) Other tests: The Authority’s Engineer may require the Contractor to carry out or
cause to be carried additional tests, in accordance with Good Industry Practice, for
determining the compliance of the Project Highway with Specifications and
Standards, except tests as specified in clause 5, but shall include measuring the
reflectivity of road markings and road signs; and measuring the illumination level
(lux) of lighting using requisite testing equipment.
(v) Environmental audit: The Authority’s Engineer shall carry out a check to determine
conformity of the Project Highway with the environmental requirements set forth in
Applicable Laws and Applicable Permits.
(vi) Safety Audit: The Authority’s Engineer shall carry out, or cause to be carried out, a
safety audit to determine conformity of the Project Highway with the safety
requirements and Good Industry Practice.
3. Agency for conducting Tests
All Tests set forth in this Schedule-K shall be conducted by the Authority’s Engineer or such
other agency or person as it may specify in consultation with the Authority.
4. Completion Certificate
Upon successful completion of Tests, the Authority’s Engineer shall issue the Completion
Certificate in accordance with the provisions of Article 12.
5. The Authority Engineer will carry out tests with following equipment at his own cost in the
presence of contractor’s representative.
Sr. Key metrics of

Equipment to be used Frequency of condition survey
No. Asset
1 Surface Network Survey At least twice a year (As per survey

defects of Vehicle (NSV) months defined for the state basis
pavement rainy season)
2 Roughness of Network Survey At least twice a year (As per survey

pavement Vehicle (NSV) months defined for the state basis
rainy season)
3 Strength of Falling Weight At least once a year

pavement Deflectometer (FWD)
4 Bridges Mobile Bridge At least twice a year (As per survey

Inspection Unit (MBU) months defined for the state basis
rainy season)
5 Road signs Retro-reflectometer At least twice a year (As per survey

months defined for the state basis
rainy season)
The first testing with the help of NSV shall be conducted at the time of issue of Completion
Certificate.
Schedule - L
(See Clause 12.2)
Completion Certificate
1 I, ……………………. (Name of the Authority’s Engineer), acting as the Authority’s Engineer,

under and in accordance with the Agreement dated ………… (the “Agreement”), for
[“Construction of New Two Lane Bridge Including Approaches Over Brahmaputra
Between Majuli on North Bank and Jorhat on South Bank From Km 11+690 to 19+715
of NH 715 K – Length of Bridge 6812.5 m (Part 1 of Package– II) in the State of Assam on
EPC Mode] basis through …………………. (Name of Contractor), hereby certify that the Tests
in accordance with Article 12 of the Agreement have been successfully undertaken to determine
compliance of the Project Highway with the provisions of the Agreement, and I am satisfied that the
Project Highway can be safely and reliably placed in service of the Users thereof.
2 It is certified that, in terms of the aforesaid Agreement, all works forming part of Project Highway
have been completed, and the Project Highway is hereby declared fit for entry into operation on this
the ……… day of ……… 20….. , Scheduled Completed Date for which was the ……… day of
………20…..
SIGNED, SEALED AND DELIVERED
For and on behalf of the Authority’s Engineer by:
(Signature)
(Name)
(Designation) (Address)
Schedule - M
(See Clauses 14.6, 15.2 and 19.7)
Payment Reduction for Non-Compliance
1. Payment reduction for non-compliance with the Maintenance Requirements
(i) Monthly lump sum payments for maintenance shall be reduced in the case of non-
compliance with the Maintenance Requirements set forth in Schedule-E.
(ii) Any deduction made on account of non-compliance with the Maintenance

Requirements shall not be paid even after compliance subsequently. The deductions
shall continue to be made every month until compliance is done.
(iii) The Authority’s Engineer shall calculate the amount of payment reduction on the
basis of weightage in percentage assigned to non-conforming items as given in
Paragraph 2.
2. Percentage reductions in lump sum payments on monthly basis
(i) The following percentages shall govern the payment reduction:
S. No. Item/Defect/Deficiency Percentage

(a) Carriageway/Pavement
(i) Potholes, cracks, other surface defects 15%
(ii) Repairs of Edges, Rutting 5%
(b) Road, Embankment, Cuttings, Shoulders
(i) Edge drop, inadequate cross fall, undulations, settlement, 10%

potholes, ponding, obstructions
(ii) Deficient slopes, raincuts, disturbed pitching, vegetation 5%

growth, pruning of trees
(c) Bridges and Culverts
(i) Desilting, cleaning. vegetation growth, damaged pitching, 20%

flooring, parapets, wearing course, footpaths, any damage to
foundations
(ii) Any Defects in superstructures, bearings and sub-structures 10%
(iii) Painting, repairs/replacement kerbs, railings, parapets, 5%

guideposts/crash barriers
S. No. Item/Defect/Deficiency Percentage

(d) Roadside Drains
(i) Cleaning and repair of drains 5%
(e) Road Furniture
(i) Cleaning, painting, replacement of road signs, delineators, road 5%

markings, 200 m/km/5th km stones
(f) Miscellaneous Items
(i) Removal of dead animals, broken down/accidented vehicles, 10%

fallen trees, road blockades or malfunctioning of mobile crane
(ii) Any other Defects in accordance with paragraph 1. 5%
(g) Defects in Other Project Facilities 5%
iii. The amount to be deducted from monthly lump-sum payment for non-
compliance of particular item shall be calculated as under:
Where,
P= Percentage of particular item/Defect/deficiency for deduction
M1= Monthly lump-sum payment in accordance para 1.2 above of this Schedule
M2= Monthly lump-sum payment in accordance para 1.2 above of this Schedule
L1= Non-complying length L = Total length of the road,
R= Reduction (the amount to be deducted for non-compliance for a particular

item/Defect/deficiency
The total amount of reduction shall be arrived at by summation of reductions for such
items/Defects/deficiency or non-compliance.
For any Defect in a part of one kilometer, the non-conforming length shall be taken as one
kilometer.
Schedule - N
(See Clause 18.1 (i))
Selection of Authority’s Engineer
1. Selection of Authority’s Engineer
(i) The provisions of the Model Request for Proposal for Selection of Technical
Consultants, issued by the Ministry of Finance in May 2009, or any substitute thereof
shall apply for selection of an experienced firm to discharge the functions and duties
of an Authority’s Engineer.
iv. In the event of termination of the Technical Consultants appointed in

accordance with the provisions of Paragraph 1.1, the Authority shall
appoint another firm of Technical Consultants forthwith and may
engage a government-owned entity in accordance with the provisions
of Paragraph 3 of this Schedule-N.
2. Terms of Reference
The Terms of Reference for the Authority’s Engineer (the “TOR”) shall substantially conform
with Annex 1 to this Schedule N.
3. Appointment of Government entity as Authority’s Engineer
Notwithstanding anything to the contrary contained in this Schedule, the Authority may in its
discretion appoint a government-owned entity as the Authority’s Engineer; provided that such
entity shall be a body corporate having as one of its primary functions the provision of
consulting, advisory and supervisory services for engineering projects; provided further that a
government-owned entity which is owned or controlled by the Authority shall not be eligible
for appointment as Authority’s Engineer.
Annex – I
(Schedule - N)
Annex-I : Terms of Reference for Authority’s Engineer
1. Scope
(i) These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified
pursuant to the EPC Agreement dated ........... (the “Agreement), which has been
entered into between the [name and address of the Authority] (the “Authority”) and
.......... (the “Contractor”)# for [Construction of New Two Lane Bridge Including
Approaches Over Brahmaputra Between Majuli on North Bank and Jorhat on
South Bank From Km 11+690 to 19+715 of NH 715 K – Length of Bridge 6812.5
m (Part 1 of Package– II) in the State of Assam on EPC Mode, and a copy of which
is annexed hereto and marked as Annex-A to form part of this TOR.
# - In case the bid of Authority’s Engineer is invited simultaneously with the bid of EPC project,
then the status of bidding of EPC project only to be indicated
(ii) The TOR shall apply to construction and maintenance of the Project Highway.
2. Definitions and interpretation
(i) The words and expressions beginning with or in capital letters and not defined herein
but defined in the Agreement shall have, unless repugnant to the context, the
meaning respectively assigned to them in the Agreement.
(ii) References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be references to the Articles, Clauses and
Schedules of the Agreement, and references to Paragraphs shall be deemed to be
references to Paragraphs of this TOR.
(iii) The rules of interpretation stated in Article 1 of the Agreement shall apply, mutatis
mutandis, to this TOR.
3. General
(i) The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good
Industry Practice.
(ii) The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior
written approval of the Authority before determining:
(a) any Time Extension;

(b) any additional cost to be paid by the Authority to the
Contractor;
(c) the Termination Payment; or
(d) issuance of Completion Certificate or
(e) any other matter which is not specified in (a), (b), (c) or (d)
above and which creates a financial liability on either Party.
(iii) The Authority’s Engineer shall submit regular periodic reports, at least once every
month, to the Authority in respect of its duties and functions under this Agreement.
Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of
the beginning of every month.
(iv) The Authority’s Engineer shall inform the Contractor of any delegation of its duties
and responsibilities to its suitably qualified and experienced personnel; provided,
however, that it shall not delegate the authority to refer any matter for the
Authority’s prior approval in accordance with the provisions of Clause 18.2.
(v) The Authority’s Engineer shall aid and advise the Authority on any proposal for
Change of Scope under Article 13.
(vi) In the event of any disagreement between the Parties regarding the meaning, scope
and nature of Good Industry Practice, as set forth in any provision of the Agreement,
the Authority’s Engineer shall specify such meaning, scope and nature by issuing a
reasoned written statement relying on good industry practice and authentic
literature.
4. Construction Period
(i) During the Construction Period, the Authority’s Engineer shall review and approve
the Drawings furnished by the Contractor along with supporting data, including the
geo-technical and hydrological investigations, characteristics of materials from
borrow areas and quarry sites, topographical surveys, and the recommendations of
the Safety Consultant in accordance with the provisions of Clause 10.1 (vi). The
Authority’s Engineer shall complete such review and approval and send its
observations to the Authority and the Contractor within 15 (fifteen) days of receipt
of such Drawings; provided, however that in case of a Major Bridge or Structure, the
aforesaid period of 15 (fifteen) days may be extended upto 30 (thirty) days. In
particular, such comments shall specify the conformity or otherwise of such
Drawings with the Scope of the Project and Specifications and Standards.
(ii) The Authority’s Engineer shall review and approve any revised Drawings sent to it by
the Contractor and furnish its comments within 10 (ten) days of receiving such
Drawings.
(iii) The Authority’s Engineer shall review and approve the Quality Assurance Plan
submitted by the Contractor and shall convey its comments to the Contractor within
a period of 21 (twenty one) days stating the modifications, if any, required thereto.
(iv) The Authority’s Engineer shall complete the review and approve of the methodology
proposed to be adopted by the Contractor for executing the Works, and convey its
comments to the Contractor within a period of 10 (ten) days from the date of receipt
of the proposed methodology from the Contractor.
(v) The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing lane(s)
of the Project Highway for purposes of maintenance during the Construction Period
in accordance with the provisions of Clause 10.4.
(vi) The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the Contractor
within 7 (seven) days of receipt of such report.
(vii) The Authority’s Engineer shall inspect the Construction Works and the Project Highway
and shall submit a monthly Inspection Report bringing out the results of inspections
and the remedial action taken by the Contractor in respect of Defects or deficiencies.
In particular, the Authority’s Engineer shall include in its Inspection Report, the
compliance of the recommendations made by the Safety Consultant.
(viii) The Authority’s Engineer shall conduct the pre-construction review of manufacturer's
test reports and standard samples of manufactured Materials, and such other
Materials as the Authority’s Engineer may require.
(ix) For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be carried
out, tests at such time and frequency and in such manner as specified in the
Agreement and in accordance with Good Industry Practice for quality assurance. For
purposes of this Paragraph 4 (ix), the tests specified in the IRC Special Publication-11
(Handbook of Quality Control for Construction of Roads and Runways) and the
Specifications for Road and Bridge Works issued by MORTH (the “Quality Control
Manuals”) or any modification/substitution thereof shall be deemed to be tests
conforming to Good Industry Practice for quality assurance.
(x) The Authority’s Engineer shall test check at least 50 (fifty) percent of the quantity or
number of tests prescribed for each category or type of test for quality control by the
Contractor.
(xi) The timing of tests referred to in Paragraph 4 (ix), and the criteria for acceptance/
rejection of their results shall be determined by the Authority’s Engineer in
accordance with the Quality Control Manuals. The tests shall be undertaken on a
random sample basis and shall be in addition to, and independent of, the tests that
may be carried out by the Contractor for its own quality assurance in accordance with
Good Industry Practice.
(xii) In the event that results of any tests conducted under Clause 11.10 establish any
Defects or deficiencies in the Works, the Authority’s Engineer shall require the
Contractor to carry out remedial measures.
(xiii) The Authority’s Engineer may instruct the Contractor to execute any work which is
urgently required for the safety of the Project Highway, whether because of an
accident, unforeseeable event or otherwise; provided that in case of any work
required on account of a Force Majeure Event, the provisions of Clause 21.6 shall
apply.
(xiv) In the event that the Contractor fails to achieve any of the Project Milestones, the
Authority’s Engineer shall undertake a review of the progress of construction and
identify potential delays, if any. If the Authority’s Engineer shall determine that
completion of the Project Highway is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicate within 15 (fifteen) days the
steps proposed to be taken to expedite progress, and the period within which the
Project Completion Date shall be achieved. Upon receipt of a report from the
Contractor, the Authority’s Engineer shall review the same and send its comments to
the Authority and the Contractor forthwith.
(xv) The Authority’s Engineer shall obtain from the Contractor a copy of all the
Contractor’s quality control records and documents before the Completion
Certificate is issued pursuant to Clause 12.2.
(xvi) Authority’s Engineer may recommend to the Authority suspension of the whole or
part of the Works if the work threatens the safety of the Users and pedestrians. After
the Contractor has carried out remedial measure, the Authority’s Engineer shall
inspect such remedial measures forthwith and make a report to the Authority
recommending whether or not the suspension hereunder may be revoked.
(xvii) In the event that the Contractor carries out any remedial measures to secure the
safety of suspended works and Users, and requires the Authority’s Engineer to
inspect such works, the Authority’s Engineer shall inspect the suspended works
within 3 (three) days of receiving such notice, and make a report to the Authority
forthwith, recommending whether or not such suspension may be revoked by the
Authority.
(xviii) The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests
specified in Schedule-K and issue a Completion Certificate, as the case may be. For
carrying out its functions under this Paragraph 4 (xviii) and all matters incidental
thereto, the Authority’s Engineer shall act under and in accordance with the
provisions of Article 12 and Schedule-K.
5. Maintenance Period
(i) The Authority’s Engineer shall aid and advise the Contractor in the preparation of its
monthly Maintenance Programme and for this purpose carry out a joint monthly
inspection with the Contractor.
(ii) The Authority’s Engineer shall undertake regular inspections, at least once every
month, to evaluate compliance with the Maintenance Requirements and submit a
Maintenance Inspection Report to the Authority and the Contractor.
(iii) The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry
out, or cause to be carried out, for the purpose of determining that the Project
Highway is in conformity with the Maintenance Requirements. It shall monitor and
review the results of such tests and the remedial measures, if any, taken by the
Contractor in this behalf.
(iv) In respect of any defect or deficiency referred to in Paragraph 3 of Schedule- E, the

Authority’s Engineer shall, in conformity with G ood Industry Practice, specify the
permissible limit of deviation or deterioration with reference to the Specifications
and Standards and shall also specify the time limit for repair or rectification of any
deviation or deterioration beyond the permissible limit.
(v) The Authority’s Engineer shall examine the request of the Contractor for closure of
any lane(s) of the Project Highway for undertaking maintenance/repair thereof, and
shall grant permission with such modifications, as it may deem necessary, within 5
(five) days of receiving a request from the Contractor. Upon expiry of the permitted
period of closure, the Authority’s Engineer shall monitor the reopening of such
lane(s), and in case of delay, determine the Damages payable by the Contractor to the
Authority under Clause 14.5.
6. Determination of costs and time
(i) The Authority’s Engineer shall determine the costs, and/or their reasonableness, that
are required to be determined by it under the Agreement.
(ii) The Authority’s Engineer shall determine the period of Time Extension that is required
to be determined by it under the Agreement.
(iii) The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5.
7. Payments
(i) The Authority’s Engineer shall withhold payments for the affected works for which
the Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer
in accordance with the provisions of Clause 10.2 (iv) (d).
(ii) Authority’s Engineer shall -
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 19.4, determine the amount due to the
Contractor and recommend the release of 90 (ninety) percent of the amount
so determined as part payment, pending issue of the Interim Payment
Certificate; and
(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement
referred to in Clause 19.4, deliver to the Authority and the Contractor an
Interim Payment Certificate certifying the amount due and payable to the
Contractor, after adjustments in accordance with the provisions of Clause
19.10.
(iii) The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly
Maintenance Statement from the Contractor pursuant to Clause 19.6, verify the
Contractor’s monthly statement and certify the amount to be paid to the Contractor
in accordance with the provisions of the Agreement.
(iv) The Authority’s Engineer shall certify final payment within 30 (thirty) days of the
receipt of the final payment statement of Maintenance in accordance with the
provisions of Clause 19.16.
8. Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified in
the Agreement.
9. Miscellaneous
(i) A copy of all communications, comments, instructions, Drawings or Documents sent

by the Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all
the test results with comments of the Authority’s Engineer thereon, shall be
furnished by the Authority’s Engineer to the Authority forthwith.
(ii) The Authority’s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as-built’ Drawings, and keep them in its safe
custody.
(iii) Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall
obtain a complete set of as-built Drawings, in 2 (two) hard copies and in micro film
form or in such other medium as may be acceptable to the Authority, reflecting the
Project Highway as actually designed, engineered and constructed, including an as-
built survey illustrating the layout of the Project Highway and setback lines, if any, of
the buildings and structures forming part of Project Facilities; and shall hand them
over to the Authority against receipt thereof.
(iv) The Authority’s Engineer, if called upon by the Authority or the Contractor or both,
shall mediate and assist the Parties in arriving at an amicable settlement of any
Dispute between the Parties.
(v) The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
Schedule - O
(See Clauses 19.4 (i), 19.6 (i), and 19.8 (i))

Forms of Payment Statements
1. Stage Payment Statement for Works
The Stage Payment Statement for Works shall state:
(a) the estimated amount for the Works executed in accordance with Clause 19.3
(i) subsequent to the last claim;
(b) amounts reflecting adjustments in price for the aforesaid claim;
(c) the estimated amount of each Change of Scope Order executed subsequent to
the last claim;
(d) amounts reflecting adjustment in price, if any, for (c) above in accordance with
the provisions of Clause 13.2 (iii) (a);
(e) total of (a), (b), (c) and (d) above;
(f) Deductions:
i. Any amount to be deducted in accordance with the provisions of the Agreement
except taxes;
ii. Any amount towards deduction of taxes; and
iii. Total of (i) and (ii) above.

(g) Net claim: (e) – (f) (iii);
(h) The amounts received by the Contractor upto the last claim:
i. For the Works executed (excluding Change of Scope orders);
ii. For Change of Scope Orders, and
iii. Taxes deducted
2. Monthly Maintenance Payment Statement
The monthly Statement for Maintenance Payment shall state:
(a) the monthly payment admissible in accordance with the provisions of the
Agreement;
(b) the deductions for maintenance work not done;
(c) net payment for maintenance due, (a) minus (b);
(d) amounts reflecting adjustments in price under Clause 19.12; and
(e) amount towards deduction of taxes
3. Contractor’s claim for Damages
Note: The Contractor shall submit its claims in a form acceptable to the Authority.
Schedule - P
(See Clause 20.1)
Insurance
1. Insurance during Construction Period
(i) The Contractor shall effect and maintain at its own cost, from the Appointed Date till
the date of issue of the Completion Certificate, the following insurances for any loss
or damage occurring on account of Non Political Event of Force Majeure, malicious
act, accidental damage, explosion, fire and terrorism:
(a) insurance of Works, Plant and Materials and an additional sum of [15
(fifteen)] per cent of such replacement cost to cover any additional costs of
and incidental to the rectification of loss or damage including professional
fees and the cost of demolishing and removing any part of the Works and of
removing debris of whatsoever nature; and
(b) insurance for the Contractor's equipment and Documents brought onto the
Site by the Contractor, for a sum sufficient to provide for their replacement at
the Site.
(ii) The insurance under sub para (a) and (b) of paragraph 1(i) above shall cover the
Authority and the Contractor against all loss or damage from any cause arising under
paragraph 1.1 other than risks which are not insurable at commercial terms.
2. Insurance for Contractor's Defects Liability
The Contractor shall effect and maintain insurance cover of not less than 15% of the Contract
Price for the Works from the date of issue of the Completion Certificate until the end of the
Defects Liability Period for any loss or damage for which the Contractor is liable and which
arises from a cause occurring prior to the issue of the Completion Certificate. The Contractor
shall also maintain other insurances for maximum sums as may be required under the
Applicable Laws and in accordance with Good Industry Practice.
3. Insurance against injury to persons and damage to property
(i) The Contractor shall insure against its liability for any loss, damage, death or bodily
injury, or damage to any property (except things insured under Paragraphs 1 and 2
of this Schedule or to any person (except persons insured under Clause 20.9), which
may arise out of the Contractor's performance of this Agreement. This insurance
shall be for a limit per occurrence of not less than the amount stated below with no
limit on the number of occurrences.
The insurance cover shall be not less than: Rs. [*****]
(ii) The insurance shall be extended to cover liability for all loss and damage to the
Authority's property arising out of the Contractor’s performance of this Agreement
excluding:
(a) the Authority's right to have the construction works executed on, over, under,
in or through any land, and to occupy this land for the Works; and
(b) damage which is an unavoidable result of the Contractor's obligations to
execute the Works.
4. Insurance to be in joint names
The insurance under paragraphs 1 to 3 above shall be in the joint names of the Contractor and
the Authority.
Schedule-Q
(See Clause 14.10)
Tests on Completion of Maintenance Period
1. Riding Quality test:
Riding quality test: Riding quality of each lane of the carriageway shall be checked with the
help of a calibrated bump integrator and the maximum permissible roughness for purposes of
this Test shall be [2,200 (two thousand and two hundred only)] mm for each kilometre.
2. Visual and physical test:
The Authority’s Engineer shall conduct a visual and physical check of construction to
determine that all works and equipment forming part thereof conform to the provisions of
this Agreement. The physical tests shall include measurement of cracking, rutting,
stripping and potholes and shall be as per the requirement of maintenance mentioned in
Schedule-E.
Schedule-R
(See Clause 14.10)
Taking Over Certificate
I, ……………………. (Name and designation of the Authority’s Representative) under and in

accordance with the Agreement dated ………… (the “Agreement”), for [Construction of New
Two Lane Bridge Including Approaches Over Brahmaputra Between Majuli on North
Bank and Jorhat on South Bank From Km 11+690 to 19+715 of NH 715 K – Length of
Bridge 6812.5 m (Part 1 of Package– II) in the State of Assam on EPC Mode] (the
“Project Highway”) on Engineering, Procurement and Construction (EPC) basis through
…………………. (Name of Contractor), hereby certify that the Tests on completion of
Maintenance Period in accordance with Article 14 of the Agreement have been successfully
undertaken to determine compliance of the Project Highway with the provisions of the
Agreement and I hereby certify that the Authority has taken over the Project highway from
the Contractor on this day.........
SIGNED, SEALED AND DELIVERED
(Signature)
(Name and designation of Authority’s Representative)
(Address)
***** End of the Document *****

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AGREEMENT FOR CONSTRUCTION OF

BRAHMAPUTRA BRIDGE WITH APPROCHES

“Construction of New 2-Lane Major Bridge Including

Engineering, Procurement & Construction

Definitions and Interpretations 15

Scope of the Project 3

Obligations of the Authority 4

Obligations of the Contractor 7

4.13 Clearance of the Site 13

Representations and Warranties 14

Construction and Maintenance 21

Utilities and Trees 31

Design and Construction of the Project Highway 33

Quality Assurance, Monitoring and Supervision 42

12.3 Rescheduling of Tests 52

Supervision and Monitoring during Maintenance 62

18.1 Appointment of the Authority’s Engineer 67

20.2 Notice to the Authority 86

Force Majeure and Termination 89

Suspension of Contractor’s Rights 96

23.3 Termination for Authority’s convenience 100

Other Provisions 105

Assignment and Charges 107

Liability and Indemnity 108

Dispute Resolution 111

27.8 Entire Agreement 115

Specifications and Standards 165

Maintenance Requirements 189

1. Maintenance Requirements 189

Annex-II: Tentative guidelines for maintenance of Cable stayed bridge 211

Applicable Permits 225

1. Applicable Permits 225

Annex-I : Form of Bank Guarantee 226

Schedule - H Error! Bookmark not defined.

Contract Price Weightages Error! Bookmark not defined.

Annex-I List of Drawings 273

Project Completion Schedule 274

1. Project Completion Schedule 274

3. Project Milestone-II 274

6. Scheduled Completion Date 275

Tests on Completion 276

1. Schedule for Tests 276

Completion Certificate 278

Payment Reduction for Non-Compliance 279

1. Payment reduction for non-compliance with the Maintenance Requirements 279

Selection of Authority’s Engineer 281

1. Selection of Authority’s Engineer 281

Forms of Payment Statements 288

1. Stage Payment Statement for Works 288

1. Insurance during Construction Period 289

Tests on Completion of Maintenance Period 291

1. Riding Quality test: 291

Taking Over Certificate 292

(hereinafter referred to as the “Authority” which expression shall, unless repugnant

NOW, THEREFORE, in consideration of the foregoing and the respective covenants

Definitions and Interpretations

“Applicable Permits” means all clearances, licences, permits, authorisations, no objection

“Authority Representative” means such person or persons as may be authorised in writing

(a) the enactment of any new Indian law;

“Contract Price” means the amount specified in Clause 19.1 (i);