Tendernotice 4
Tendernotice 4
Tendernotice 4
Schedules
Work Division XV (NH) Contact Agreement
Work Division XV (NH) Contact Agreement
SCHEDULE-A
1 The Site
1.1 Site of the Project Strengthening of NH-566 from km 0.00 to km 4.00(Dhavali Bypass)
shall include the land, buildings, structures and road works as described in Annex-I
of this Schedule-A.
1.2 The dates of handing over the Right of Way to the Contractor are specified in
Annex-II of this Schedule-A.
1.3 An inventory of the Site including the land, buildings, structures, road works, tree
sand 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 8.2.1 of this agreement.
1.4 The general arrangement plans of the Project Strengthening of Borim Bridge are
specified in Annex-III.
1.5 The status of the environment clearances obtained or awaited is given in Annex-IV.
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Work Division XV (NH) Contact Agreement
Annex– I
(Schedule-A)
Site
1. Site
1.1 The Site of the Project for “Strengthening of NH-566 from km 0.00 to km
4.00(Dhavali Bypass)” comprises the section of National Highway NH-566
commencing from km 0/00 to km 4/00 in the State of Goa. The land, carriageway
and structurescomprising the Site are described below.
The Site of the Project Highway comprises the land (sum total of land already in
possession and land to be possessed) as described below:
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Work Division XV (NH) Contact Agreement
3. Carriageway
The present carriageway of the project Strengthening of NH-566 from km 0.00 to km
4.00(Dhavali Bypass) on highway NH-17B(566) is two lane carriageway. The type
of the existing pavement is Flexible. The lane configurations of existing road are
given in table below:
4. Major Bridges:-NIL
6. Grade separators:-NIL
N.A.
10. Culverts
a) Slab/ Box Culverts: - NIL
b) HP Culverts: - NIL.
S. Location Type
No.
From km To km Masonry/cc Earthen
(Pucca) (Kutcha)
Total Length=
Work Division XV (NH) Contact Agreement
Annex – II
(Schedule-A)
On
Appointed
Date
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Work Division XV (NH) Contact Agreement
Annex – III
(Schedule-A)
Alignment Plans
The alignment details of the Project Strengthening to existing riding surface between km 0/00 to km
4/00 are available in sub division office of this division, may be seen as and when required.
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Work Division XV (NH) Contact Agreement
Annex – IV
(Schedule-A)
Environment Clearances
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Work Division XV (NH) Contact Agreement
Annexure -I to Schedule A
N.A.
Length
Sr. No. Chainage Type of Pipe
(Km)
Note: The quantity given above is minimum, actual quantity shall be calculated by
EPC contractor, any increase in above shall not constitute Change of Scope.
However in case the actual quantities are less than above, the negative COS at DSR
rates of respective utility owning entity prevailing at the time of bid will be
worked out & deducted from Contract Amount.
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Work Division XV (NH) Contact Agreement
(a) The Contractor shall carry out joint inspection with utility owning department and get the
shifting scheme sanctioned from utility owning department.
(b) The assistance of the Authority is limited to giving forwarding letter on the proposal of
Contractor to utility owning department whenever asked by the Contractor.
(c) The decision/approval of utility owning department shall be binding on the Contractor.
(d) Project road is city road and may have various unknown underground utilities, During work/
excavation if any utility gets damaged by the contractor knowingly or un knowingly , contractor
have to re-instinct the utility immediately at his own cost.
(e) The supervision charges at the rates/charges applicable between implementing agencies of
MoRT&H/NHAI and utility owning department as and when Contractor furnishing a demand of
Utility Owning Department along with a copy of estimated cost given by the later shall be paid
directly by the Authority to the Utility owning Department or the Contractor may pay these
charges to the utility owning department if directed by Engineer in Charge & the same will be
reimbursed to him by MoRT&H.
(f) The dismantled material/scrap of existing Utility to be shifted/ dismantled shall belong to the
Contractor/Concessioner who would be free to dispose-off the dismantled material as
deemed fit by them unless the contractor is required to deposit the dismantled material to
utility owning department as per the norm & practice and in that case the amount of credit for
dismantled material may be availed by the contractor as per estimate agreed between them.
(g) The utilities shall be handed over after shifting work is completed to Utility Owning
Department after due testing as desired by them &up to their entire satisfaction.
(h) The maintenance liability shall rest with the Utility Owning Department after handing over
process is complete as far as utility shifting works are concerned.
(i) The above scope of electrical shifting involves all the necessary fixtures & fastenings as per
site condition, specification & standard practice of utility owning entity. The present available
guidelines on shifting of electrical utility issued by Chief Engineer, Maharashtra State
Electrical Distribution Co. Ltd. Vide Ref. No. C.E. (Dist.)/D-III/07500 Dated 15th March 2019&
New Guidelines issued afterwards shall to be scrupulously followed by the Contractor.
(j) The above quantities may vary depending upon actual alignment & site conditions, hence
above quantities are subjected to negative CoS.
(k) The EPC Contractor & Authority Engineer shall try to optimize the quantum of shifting. Actual
length & location of shifting will be decided by Joint Inspection with Authority Engineer &
Utility Owning Entity.
(l) The above scope of water shifting involves all necessary sluice valves. Air Valves, Connections,
Lowering, fixing, jointing fixtures & fastenings as per guidelines & specifications of utility
owning entity.
The Utilities shall be shifted to extreme edge of Row as per relevant TCS & as directed by Authority
Engineer.
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Work Division XV (NH) Contact Agreement
Appendix A- I
Sr.
Existing Chainage Design Chainage Remarks
No.
1 0/00 0/00 Start of the project at Farmagudi on
NH-17B(566)
End of the project Dhavali on NH-
2 4/00 4/00
17B(566)
Note - Existing Km stones are missing at some places and in such case the reference chainage
shall be measure from chainage demarcation on nearest existing culvert/structure.
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Work Division XV (NH) Contact Agreement
SCHEDULE - B
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Work Division XV (NH) Contact Agreement
Annex– I
(Schedule-B)
The project highway shall follow the existing alignment unless otherwise
specified by authority and shown in the alignment plans specified in annex III of
Schedule A. The proposed profile shall be followed by contractor with minimum
FRL as indicated in alignment plan. Geometric deficiencies , if any, in the existing
horizontal and vertical profile shall be improved / upgraded asper prescribed
standards in IRC SP—2019 (for Four lane) and IRC-SP-73- 2018(For Two lane)
for plain/ rolling terrain to the extent land is available. Any consequent shift to
the centerline of the alignment within available ROW shall be incidental to work
and shall not be considered as change of scope.
Width of Carriageway
Two Lane with earthen shoulder: - Two-Laning with earthen shoulders shall be
constructed with Flexible Pavement. The paved carriageway shall be 7 m (meter)
wide in open country in accordance with the typical cross sections drawings as
mentioned in the Table below.
Note:
1) Cross-section at Major/Minor Bridge approaches are to be followed matching to
adjoining cross-sections with suitable transition.
2) Where Bus Bays & Truck Lay Byes constructed as per Schedule C, a transition
shall be provided as per the Manual (IRC: SP 84-2019, IRC:SP 73-2018)
3) Utility crossing shall be as per Clause 2.16 of the Manual (IRC: SP 84-2019) and
applicable relevant clauses in IRC:SP 73-2018.
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Work Division XV (NH) Contact Agreement
4) The chainages given in above table are indicative and stretches may increase or
decrease in the specified above as per design standards of IRC-SP-84-2019 and
IRC:SP 73-2018. This shall not constitute to Change of Scope.
Total Length
The Chainages given in above table are indicative and stretches may increase or
decrease in the specified above as per design standards of IRC-SP-84-2019. This shall
not constitute to Change of Scope.
The Chainages given in above table are indicative and stretches may increase or
decrease in the specified above as per design standards of IRC-SP-84-2019. This shall
not constitute to Change of Scope.
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Work Division XV (NH) Contact Agreement
Note:
1. Design and specifications of paved shoulders and granular material shall confirm to
the requirements specified in paragraphs 5.10 and 5.11 of the Manual. (IRC: SP 84-
2019, IRC:SP 73-2018) as per the 2-lane/4-lane TCS.
2. The chainages given in above table are indicative and stretches may increase or
decrease in the specified above as per design standards of IRC-SP-84-2019 and
IRC:SP-73 -2018.This shall not constitute to Change of Scope.
General
Geometric design and general features of the Project Highway shall be in accordance
with Section 2 of the Manual. (IRC: SP 84-2019 & IRC:SP 73-2018) as per the
applicable 2 lane/4 lane TCS.
Design Speed
The design speed shall be the minimum design speed of 80 km per hr for plain/ rolling
terrain. In urban stretch of town portions, design speed is restricted and shown under para
as the development is proposed within the extent of available land.
In the following sections, where improvement of the existing road geometrics to the
prescribed standards is not possible, the existing road geometrics shall be improved to the
extent possible within the given right of way. Proper road signs and safety measures shall
be provided for safe regulation of fast moving, slow moving and pedestrian traffic:
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Work Division XV (NH) Contact Agreement
Note - The chainages given in above table are indicative and stretches may increase
or decrease in the specified above as per IRC-SP-84-2019 and IRC-SP-73-2018. This
shall not constitute a Change of Scope.
Right of Way
Type of shoulders
(a) In built-up sections, Footpath/Covered RCC Drain shall be provided in the following
stretches:
SI. Design Chainage Typical
Length
No Footpaths cross Remark
(Km) Side
. From To section
1.
Total Length
Note - The chainages given in above table are indicative and stretches may increase or
decrease in the specified above as per design standards of IRC-SP-84-2019 and IRC-SP-
73-2018. This shall not constitute a Change of Scope.
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Work Division XV (NH) Contact Agreement
(c) Design and specifications of paved shoulders and granular material shall
confirm to the requirements specified in paragraphs 5.10 and 5.11 of the
Manual. (IRC: SP 84-2019 and IRC-SP-73-2018).
Name of Proposed
Total Width of
S. No. Design Intersecting Span Remark
Chainage Roads arrangeme the Structure (in
nt (in m) m)
1.
Note
Lateral and vertical clearances at overpasses shall be as per paragraph 2.11 of the Manual (IRC: SP
84-2019). Overpass shall be constructed at following locations: -
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Work Division XV (NH) Contact Agreement
Linear
Design Length
Sr. No. Width (m) Side Length Remark
Chainage (Km)
(Km)
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Work Division XV (NH) Contact Agreement
Note :1. The cross section schedule given in above table are indicative and stretches may
increase or decrease in the specified above as per design standards of IRC-SP-84-2019.This
shall not constitute to Change of Scope.
2. Subgrade top level should be minimum 500 mm above from adjoining ground level (GL).
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Work Division XV (NH) Contact Agreement
Note: - It is clarified that if any other deficient junctions with cross BT/CC roads is
identified during development period in addition to those mentioned above shall be
improved as per standard set forth in Schedule ‘D’. Any Increase in the junction specified in
the clause of Schedule B shall not constitute a Change of Scope.
For cross road drainage facility, new HP culverts on cross roads shall be constructed as per
Clause 7.2.4 (c) of this Schedule and shall be as per Manual.
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Work Division XV (NH) Contact Agreement
Minimum length of
Sr. Location Salient Road to be carried
viaduct to be
No. (Design Ch.) features under the structures
provided
NIL
4. ROAD EMBANKMENT AND CUT SECTION
Reconstruction and up-gradation 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 per SP-84-2019. Replacement of Black
cotton soil shall be as per relevant IRC standanrd.
Raising of the existing road: - N.A.
The existing road shall be raised in the following sections:
Design Chainges Design
Sr. No. Remark
From To Length (km)
1.
5. PAVEMENT DESIGN
Pavement design shall be carried out in accordance with Section 5 of the Manual IRC: SP
84-2019) relevant IRC codes and International Standards
Type of pavement: -
Flexible Pavement – Flexible Pavement shall be constructed for length of 4.00 km.(
MainCarraige way and service road) Flexible Pavement shall be constructed in full length
of Main Carriageway including earthen shoulder with same crust thickness as that of
Main Carriageway.
Design requirements
Main Carriageway: -
a) Flexible Pavement
Sr. No. Description Minimum Crust Composition
1 BC 50 mm
2 DBM 90 mm
3 WMM -
4 GSB -
5 Sub grade -
Total 140 mm
The following stretches of the existing road shall be widened & reconstructed. Following
stretches shall be designed as rigid pavement on the basis of “Modulus of subgrade
reaction” and minimum crust as per 5.3.
Note –
Exisitng road after exacavation to desire depth. CBR shall be checked for
minimum requirement at 8%.
The chainages given in above table are indicative and stretches may increase
or decrease in the specified above as per design standards of IRC-SP-84-
2019 & IRC-SP-73-2018.This shall not constitute to Change of Scope.
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Work Division XV (NH) Contact Agreement
NIL
Note - The improvement locations given above are indicative and may vary
depending upon profile designed as per design standards of IRC-SP-84-2019.
Change in length shall not be considered as Change of Scope.
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Work Division XV (NH) Contact Agreement
6 ROADSIDE DRAINAGE
Drainage system including surface and subsurface drains for the Project Highway shall
be provided as per Section 6 of the Manual (IRC: SP 84-2019). RCC covered drain
shall be provided in both side of Built-Up areas at following locations.
SI.
Design Chainage Typical
Length
Footpaths cross Remark
No (Km) Side
From To section
.
1 1/500 1/700 0.20 LHS
In all built up areas RCC covered drains with Footpath shall be provided. FRP heavy
duty chambers fitted with premoulded frame shall be provided at appropriate
spacing. Suitable crossing shall be provided at approaches to properties etc. invert
levels of drains shall be decided on the basis of ground slopes of adjoining properties
and open grounds.
In cutting portions RCC open drain of suitable size shall be constructed in consultation
with Authority Engineer.
Above length of the RCC drains are indicative and minimum specified. The actual
length of the RCC drains shall be determined by the Contractor keeping in view the
drainage location and in accordance with the Manual requirements with approval from
the Authority's Engineer. Any increase in the length of drain as specified in above
location shall not constitute a Change of Scope. Any New location as per site
requirement and directed by Authority Engineer will be considered under a Change of
Scope.
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Work Division XV (NH) Contact Agreement
7 DESIGN OF STRUCTURES
General
All bridges, culverts and structures shall be designed and constructed in accordance with
section 7 of the Manual (IRC: SP 84-2019) and shall conform to the cross-sectional
features and other details specified therein. All designs shall be in conforming with is IRC
and International Codes. The deviation shown in Schedule – D shall be taken in to
considerations.
New Major and Minor bridge: Width of the carriageway of new Major bridges and
structures shall be as follows: The width of carriageway of new Major and Minor bridges
shall be as mentioned below.
Sr. Bridge at km Width of carriageway and cross
Remark
No. (Design Ch.) sectional features
---Nil---
The following structures shall be provided with footpaths:
Cross-section of the new culverts and bridges at deck level for the Project Highway
shall conform to the typical cross-sections given in section 7 of the Manual (IRC: SP
84-2019) and deviations given in Schedule D.
Culverts
Overall width of all culverts shall be equal to the roadway width. Barrel Length may change as per
height of embankment and shall get approval from Authority Engineer, this will not be considered
under change of scope
Reconstruction/Retain/Repair of Existing Culverts
The existing culverts at the following locations shall be re-constructed as new culverts.
Refer to paragraph 7.3 of the Manual (IRC: SP 84-2019)
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Work Division XV (NH) Contact Agreement
Note: - It is clarified that as per site requirement New HP Culverts if required for drainage
arrangement shall be identified & constructed if any during development shall be
constructed as per standard set forth in Schedule ‘D’& as per instruction of Authority
Engineer.
The pipe diameter and numbers given above are minimum and the proposed dimensions
shall be based on hydraulic calculations and approval from Authority Engineer. Any
changes to above dimensions shall not be constitute a change of scope.
Barrel Length may change as per height of embankment and shall get approval from
Authority Engineer, this will not be considered under change of scope.
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 in section 7 of the
Manual. Repairs and strengthening of existing structures where required shall be carried
out.
(a) SLAB/BOX CULVERT: N.A.
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Work Division XV (NH) Contact Agreement
Note: - It is clarified that as per site requirement New HP Culverts if required for
drainage arrangement shall be identified & constructed if any during development
shall be constructed as per standard set forth in Schedule ‘D’& as per instruction of
Authority Engineer. The pipe diameter and numbers given above are minimum and
the proposed dimensions shall be based on hydraulic calculations and approval from
Authority Engineer. Any changes to above dimensions shall not be constitute a
change of scope.
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Work Division XV (NH) Contact Agreement
Proposed Location of
Sr. No. Type Remark
Structure (km)
NIL.
Floor protection works shall be provided as specified in the relevant IRC Codes and
Specifications.
Bridges
Proposed
Details of Existing Structure Width
Existing Design (m)
Sr.
Chainage Chainage Remark
No. Span Width of
(Km) (Km) Type of
Arrang- Structure
Structure
ement (m)
Nil
(i) The following narrow Bridges shall be widened including Strengthening &
repairing of Existing Bridge.
Design
Sr. Existing Extent of Cross-section at deck level
Chainage
No. Width (m) widening (m) for widening @
(Km)
Nil
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Work Division XV (NH) Contact Agreement
Cross-
Design Existing Extent of widening (m) section at
Sr.
Chainage Width Length (m) deck level
No.
(Km) (m) L.H.S R.H.S for
widening @
NIL
Sr.
Bridge at km (Design
No. Total Length of bridge (m) Total Width (m)
Ch.)
--Nil--
(b) MINOR BRIDGES: - Nil
The railings of all existing bridges shall be replaced by crash barriers as per manual.
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Work Division XV (NH) Contact Agreement
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Work Division XV (NH) Contact Agreement
A. BRIDGES
(i) MAJOR BRIDGES: - NIL
Note: - It is clarified that above repairing & strengthening measures are indicative and
minimum specified. The condition survey of the existing structure shall be carried out by the
contractor IRC-SP-84-2019, clause 7.22, & Strengthening / repairing shall be carried out as
per the requirement of site and as per instruction of Authority Engineer, for pier, abutment
sub structure & super structure, replacement of bearings, expansion joints & wearing coat,
providing railing on bridge, painting & protection works etc. If any Increase in the specified
above shall not constitute a Change of Scope.
B. ROB/RUB
(i) ROB: NIL
Sr. No. Location of ROB (km) Remark
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Work Division XV (NH) Contact Agreement
Length=
Above length of the Thire-Beam metal crash barriers is indicative and minimum
specified. The actual length of the W-Beam metal crash barriers shall be determined
by the Contractor in accordance with the Manual requirements with approval
from the Authority's Engineer. Any increase in the length specified in this Clause of
Schedule B shall not constitute a Change of Scope.
14 CHANGE OF SCOPE
The lengths of Structures and bridges specified herein above are minimum. 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.
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Work Division XV (NH) Contact Agreement
Annexure-I to Schedule B
(ii) Electrical Utilities. (High Tension/Low Tension Lines (HT/LT Lines): N.A.
Underground Crossings
Shifting of
Length (in Km) (Nos.)including 300 mm dia. pipe in
Transformer
2 Rows for one crossing
Chainage
33 KV 11 KV LT 33 KV 11 KV LT Nos. Capacity
NIL NIL
OH
OH
OH
UG
UG
UG
Length
Sr. No. Chainage Type of Pipe
(Km)
1
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:
NIL
iv. Boundary Stones shall be placed throughout the project road as per schedule
‘D’.:
v. Hectometer / Kilometer Stones, Hazard Markers as per schedule ‘D’
vi.Solar Traffic blinker signal (L.E.D) shall be provided at Major intersections.
(iv) Rumble strips shall of Thermoplastic paint shall be provided at all cross road
junction as per IRC: 99-1988.
c) Pedestrian Facilities
The additional pedestrians’ facilities in the form of guard rails,
footpath, lighting etc. shall be provided in built-up area.
Provide the users of the highway with basic mechanical help for
vehicles that breakdown on the road and also protect other users from
such vehicles.
lmmediately identify traffic hazards of whatever nature, such as
unauthorized parking, public transport vehicles, obstructing traffic
during passenger loading and unloading, debris, stray animals and the
like. The operator shall take the necessary measures to remove such
obstructions.
Provide emergency management at accident scenes until such time as
the appropriate authorities arrive.
Assist with the removal of damaged or mechanically impaired vehicles
from the highway.
Observe, record and report suspect aspects of the highway, hazards
and incidental damage caused by vehicles, floods, storms or other
random events, such that the highway maintenance records and
database are continuously improved.
Patrol Vehicles, including equipment and man power, shall conform to
standard specifications issued vide Ministry's Letter No. RW/G-
23012/01/2019-W&.A(Pt.lll) dated 09.02.2021.
Typical duties of the Route Patrol in-Charge are:-
medicines and
manpower shall conform to standard specifications issued vide Ministry's
Letter No. RW/G-23012/01/2019-W&A (Pt. III) dated 09.02.2021.
The vehicle shall run minimum 5 km daily (even for dry run), to be eligible for
monthty payment.
iii) Tow Away Crane/ Vehicle-------------NA
The tow-away crane/vehicle shall be of adequate capacity (minimum 20MT)
with all necessary equipment so that it can reach the site of the incident within
30 minutes of call and clear the disabled/accidented vehicles. lt should be in
good condition and registration number not older than two years at the time of
procurement/ leasing/ hiring. lt shall also be fitted with a GPS based Vehicle
Tracking System to monitor its movement on 24 hours x 7 days of a week
basis. Tow away crane/vehicle manpower shall include 1 Driver/Operator and
1 Helper per shift per vehicle.
The vehicle shall be painted with approved colour pattern with road authority
name and emblem painted sides, back and front.
The vehicle shall run minimum 5 km daily (even for dry run), to be eligibte for
monthty payment.
ln case of absence/deficiencies in respect of IMS
(vehicltes/manpower/equipment) as mentioned herein, found during inspection
by Engineer/Authority/Representative, a penalty of Rs.5000/- per item per
incidence shall be levied.
Notwithstanding anything contained herein this document, the SOP and
specifications for IMS issued vide Ministry's Letter No. RW/G-
23012/0112019-W&.A(Pt.lll) dated 09.02.2071 shall be applicable.
o) Others:
1 Slope protection----------------NA
The slope protection by lawn or any other method using green technology will
be provided at locations, where embankment height is more than 1.50 m.
Note: In case of any discrepancy in numbers or locations of any of the project
facilities mentioned in this Schedule C, shall be constructed and provided in
consultation with the Authority Engineer as per site/design requirement and
shall not Constitute as Change of Scope.
2 Utility crossing duct-------------NA
Utility ducts in the form of 600 mm diameter NP-4 Pipe across the Project
Highway at a spacing of 500m Spacing in Built-up areas and at a spacing of
1000 m in open country.
Work Division XV (NH) Contact Agreement
SCHEDULE – D
1 Construction
The Contractor shall comply with the Specifications and Standards set forth in Annex-I of this
Schedule-D for strengthening to existing riding surface between km 0/00 to km 4/00.
2 Design Standards
The Project Highway including Project Facilities shall conform to design requirements set out in
the following documents:
Manual of Specifications and Standards for Four Laning of Highways with Paved shoulder
(IRC: SP: 84-2019), referred to herein as the Manual for 4-Lane project road.
Manual of Specifications and Standards for Two Laning of Highways with Paved shoulder
(IRC:SP:73-2018), referred to herein as the Manual for 2-Lane project stretches.
Note –Latest revisions of all relevant codes published six months before NIT date shall be applicable
for this tender.
Annex – I
(Schedule-D)
All Materials, works and construction operations shall conform to the Manual of
Specifications and Standards for Four Laning of Highway through PPP (IRC: SP: 84-
2019) Manual of Specifications and Standards for Two Laning of Highways with Paved
shoulder (IRC:SP:73-2018)and Guidelines for Techniques for Strengthening and
Rehabilitation of Bridge (I.R.C S.P -40). 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.
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.
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.
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.
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. Suchadditional time shall be determined by the Authority’s Engineer and
conveyed to the Contractor and the Authority with reasons thereof.
Work Division XV(NH) Contact Agreement
5. Emergency repairs/restoration
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.
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.
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.
Work Division XV(NH) Contact Agreement
Work Division XV(NH) Contact Agreement
Annex – I
(Schedule-E)
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.
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
180
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
s of Grade
structure, <5%
approache subject to
s of limit of MORT&H
connecting 0.5 sqm 7-15 days Specificatio
roads, slip for any n 3004.3
roads, lay 50 m
byes etc. Cracking Nil length Daily
as
applicable
MORT&H
)
< 5 mm 15 -30 days Specificatio
Rutting Nil Daily Straight Edge n 3004.2
Corrugatio
< 0.1 % Length IRC:82-
ns and 2-7 days
of area Measuremen 2015
Shoving Nil Daily
t Unit like
181
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
Scale, Tape,
odometer MORT&H
< 1 % of
etc. 3-7 days Specificatio
area
Bleeding Nil Daily n 3004.4
IRC:82-
Ravelling < 1 % of 2015 read
7-15 days
/ area with IRC SP
Stripping Nil Daily 81
< 1 m for
any 100
m section
and IRC:82-
width< 7- 15 days
Edge 2015
Deformati 0.1 m at
on/ any
Breaking Nil location, Daily
restricte
182
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
d to 30
cm from
the edge
Bi-
Roughness 2000 2400 Class I IRC:82-
Annuall 180 days
BI mm/km mm/km Profilometer 2015
y Class I Profilometer : ASTM E950 (98)
:2004 –Standard Test Method for
SCRIM
measuring Longitudinal Profile of
Bi-
Travelled Surfaces with Accelerometer
Skid 50SN Annuall (Sideway- 180 days BS: 7941-1:
force Established Inertial Profiling Reference
Number 60SN y 2006
Coefficient ASTM E1656 -94: 2000- Standard Guide
Routine for Classification of Automatic Pavement
Pavement Bi- Investigation Condition Survey Equipment
IRC:82-
Condition 3 2.1 Annuall Machine or 180 days
2015
Index y equivalent)
183
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
Other Bi-
IRC:82-
Pavement Annuall 2-7 days
2015
Distresses y
Falling
Deflection/
Weight IRC:115-
Remaining IRC 115: 2014 180 days
Annual Deflectomete 2014
Life
ly r
Rigid Bi-
ASTM E950 (98) :2004 and ASTM E1656 - IRC:SP:83-
Pavement Roughness 2200m 2400mm Annuall Class I 180 days
94: 2000 2008
BI m/km /km y Profilometer
(Pavemen
t of MCW,
Service Bi- SCRIM
Skid Resistance no. at IRC:SP:83-
Road, Skid Annuall IRC:SP:83-2008 180 days
different speed of vehicles 2008
Grade y (Sideway-
structure, force
184
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
approach Coefficient
es of Minimum Traffic Routine
connectin SN Speed Investigation
g roads, (Km/h) Machine or
slip equivalent)
roads, lay
36 50
byes etc.
as
applicabl 33 65
e)
32 80
31 95
31 110
185
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
<2%
variation
in
Embankm Slope of prescrib MORT&H
ent/ camber/c Nil ed slope Daily IRC 7-15 days Specificatio
Slope ross fall of n 408.4
camber
/cross
fall Length
Measuremen
t Unit like
<15 % Scale, Tape, MORT&H
Embankme
Nil variation Daily odometer 7-15 days Specificatio
nt Slopes in etc. n 408.4
prescribe
186
Work Division XV(NH) Contact Agreement
Freque Maintena
Time limit for
Level of Service ncy of Tools/Equip Standards and References for nce
Rectification/
(LOS) Inspect ment Inspection and Data Analysis Specificati
Repair
ion ons
Perform
ance
Paramet Accepta
Desirable
Asset Type er ble
side
slope
Embankme
MORT&H
nt Nil Nil Daily 7-15 days
Specification
Protection NA
Daily
Speciall
Rain Cuts/
y MORT&H
Gullies in Nil Nil 7-15 days
During Specification
slope
Rainy
Season NA
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Work Division XV(NH) Contact Agreement
In addition to the above performance criterion, the contractor shall strictly maintain the rigid pavements as per requirements in the following table
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
CRACKING
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Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
189
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
190
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
Staple, if L > 1 m.
3 w = 3.0 - 6.0 mm
Partial Depth Repair
Within 15 days
with stapling.
191
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
Within 15 days
192
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
1 w < 0.5 mm; only 1 corner broken Seal with low viscosity
epoxy to Seal with epoxy seal
with epoxy
w < 1.5 mm; L < 0.6 m, only one secure broken parts
2 Within 7days
corner broken
Within 7 days
w = width of crack
5 Corner Break
L = length of crack
w < 1.5 mm; L < 0.6 m, two corners
3
broken
Partial Depth (Refer
Figure 8.3 of Full depth repair
w > 1.5 mm; L > 0.6 m or three
4 IRC:SP: 83-2008)
corners broken
Within 15 days
5 ree or four corners broken Reinstate sub-base,
and reconstruct the
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Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
194
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
Surface Defects
4 r = 25 - 50 % affecting.
195
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
Within 30 days
Reconstruct slabs, 4 or
5 r > 50% and h > 25 mm more slabs if affecting.
Within 30 days
Within 7days
196
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
3 r = 10 - 20%
Bonded Inlay within 15
days
4 r = 20 - 30 %
0
No action.
1 t > 1 mm
Monitor rate of
3 t = 0.6 - 0.3 mm
deterioration
4 t = 0.3 - 0.1 mm
197
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
Diamond Grinding if
affecting
5 km.
Within 30 days
198
Work Division XV(NH) Contact Agreement
Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d >
For the case d < D/2
D/2
199
Work Division XV(NH) Contact Agreement
Joint Defects
200
Work Division XV(NH) Contact Agreement
and trapping
incompressible material.
Within 30 days
201
Work Division XV(NH) Contact Agreement
in Cracks or Joints
1 f < 3 mm
Within 30days
3 f = 6 - 12 mm Diamond Grinding
h = vertical
14 Blowup or Buckling displacement from No Action
normal profile 1 h < 6 mm
202
Work Division XV(NH) Contact Agreement
within 7 days
3 h = 12 - 25 mm
h = negative vertical
h = 15-30 mm, Nos <20%
displacement from 2
15 Depression joints Install Signs to Warn Traffic Not Applicable
normal profile L
=length within 7 days
3 h = 30 - 50 mm
203
Work Division XV(NH) Contact Agreement
if L < 20 m.
5 h > 100 mm
Within 30 days
1 h = 5 - 15 mm Follow up.
h = positive vertical
displacement from h = 15 - 30 mm, Nos
2 Install Signs to Warn
16 Heave normal profile. <20% joints
Traffic
Scrabble
L = length within 7 days
3 h = 30 - 50 mm
204
Work Division XV(NH) Contact Agreement
displacement from
normal profile Grind, in case of new construction Construction Limit
1 h = 4 - 7 mm for New
within 7 days Construction.
Lane to
f = difference of
18 Shoulder 1 f = 3 - 10 mm
level Spot repair of shoulder
Dropoff
within 7 days
2 f = 10 - 25 mm
3 f = 25 - 50 mm Fill up shoulder
205
Work Division XV(NH) Contact Agreement
within 7 dayss
4 f = 50 - 75 mm For any 100 m
stretch
Reconstruct
shoulder, if
affecting 25% or
5 f > 75 mm more of stretch.
Within 30days
Drainage
quantity of fines
and water expelled slight/ occasional Nos < Repair cracks and joints Without
1 to 2 Inspect and repair
through open 10% delay.
joints and cracks sub-drainage at
Nos distressed sections
appreciable/ Frequent and upstream.
19 Pumping 3 to 4 Lift or jack slab within 30 days.
10 - 25%
206
Work Division XV(NH) Contact Agreement
No discernible
0-2 No action.
problem
207
Work Division XV(NH) Contact Agreement
Table -3: Maintenance Criteria for Safety Related Items and Other Furniture Items:
208
Work Division XV(NH) Contact Agreement
Initial Minimum
(7 days) Threshold level
(TL) & warranty
Night Time period required
Bi-Annually
Visibility up to 2 years
Up to 65 200 80
209
Work Division XV(NH) Contact Agreement
210
Work Division XV(NH) Contact Agreement
211
Work Division XV(NH) Contact Agreement
212
Work Division XV(NH) Contact Agreement
213
Work Division XV(NH) Contact Agreement
214
Work Division XV(NH) Contact Agreement
215
Work Division XV(NH) Contact Agreement
Bridges Riding
No pothole in MORT&H
including ROBs quality or Visual inspection as Repairs to BC or wearing
wearing coat on Daily 15 days Specification
Flyover etc. as user per IRC SP:35-1990 coat
bridge deck 2811
applicable comfort
Repairs to BC on either
side of expansion joints, MORT&H
Visual inspection
No bump at profile correction course Specification
Bumps Daily as per IRC SP:35- 15 days
expansion joint on approach slab in case 3004.2 &
1990
of settlement to approach 2811.
embankment
Bridge -Super
User
Structure
safety No damaged or Visual inspection IRC: 5-1998,
(condition missing stretch and detailed Repairs and replacement IRC SP: 84-
of crash of crash barrier Daily condition survey as of safety barriers as the 3days 2014 and
barrier or pedestrian per IRC SP: 35- case may be IRC SP: 40-
and guard hand railing 1990. 1993.
rail)
216
Work Division XV(NH) Contact Agreement
Detailed condition
Rainwater Grouting of deck slab at
survey as per IRC MORTH
seepage leakage areas,
Leakage - nil Quarterly SP: 35-1990 using 1 months specifications
through waterproofing, repairs to
Mobile Bridge 2600 & 2700.
deck slab drainage spouts
Inspection Unit
217
Work Division XV(NH) Contact Agreement
Once in
every 5 years
for spans
Vibrations
Frequency of more than
in bridge Laser displacement AASHTO
vibrations shall 30m and Strengthening of super
deck due to sensors or laser 4 months LRFD
not be more than every 10 structure
moving vibro-meters specifications
5 Hz years for
trucks
spans
between 15
to 30 m
No damage to
elastomeric
sealant
compound in
Detailed condition
strip seal MORTH
Leakage in survey as per IRC
expansion joint, Replace of seal in specifications
Expansion Bi-Annually SP:35-1990 using 15 days
no leakage of rain expansion joint 2600 and IRC
joints Mobile Bridge
water through SP: 40-1993.
Inspection Unit
expansion joint in
case of buried and
asphalt plug and
copper strip joint.
Debris and No dust or Detailed condition MORTH
Cleaning of expansion
dust in debris in Monthly survey as per IRC 3 days specification
joint gaps thoroughly
strip seal expansion joint SP:35-1990 using s 2600 and
218
Work Division XV(NH) Contact Agreement
219
Work Division XV(NH) Contact Agreement
Delamination of
bearing
In case of failure of even
reinforcement
one bearing on any
not more than Detailed condition MORTH
pier/abutment, all the
5%, cracking or survey as per IRC specificatio
bearings on that
Bearings tearing of rubber Bi-Annually SP: 35-1990 using 3 months n 2810 and
pier/abutment shall be
not more than 2 Mobile Bridge IRC SP: 40-
replaced, in order to get
locations per Inspection Unit 199.
uniform load transfer on
side, no rupture
to bearings.
of reinforcement
or rubber
Condition survey
and visual
inspection as per
IRC SP:35-1990
IRC SP: 40-
Scouring shall using Mobile
Scouring 1993, IRC
not be lower Bridge Inspection Suitable protection
Bridge around 83-2014,
than maximum Bi-Annually Unit. works around 1 month
Foundations foundatio MORTH
scour level for In case of doubt, pier/abutment
ns specificatio
the bridge use Underwater
n 2500
camera for
inspection of deep
wells in major
Rivers.
Damaged of 2 times in 30 days
Protectio IRC: SP 40-
rough stone a year Condition survey after
n works Repairs to damaged 1993 and
apron or bank (before and as per IRC SP:35- defect
in good aprons and pitching. IRC:SP:13-
revetment not after rainy 1990 observatio
condition 2004.
more than 3 season) n or 2
220
Work Division XV(NH) Contact Agreement
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.
221
Work Division XV(NH)
Contact Agreement
In addition to above, for hill roads the following provisions for maintenance is also to done.
Hill Roads
Note: For all tables 1 to 5 above, latest BIS & IRC standards (even those not indicated
herewith) along with MoRTH specifications shall be binding for all maintenance
activities.
222
Work Division XV(NH)
Contact Agreement
A. Flexible Pavement
(iii) Variation by more than 15% in the prescribed side 30 (thirty) days
(embankment) slopes
(c) Road side furniture including road sign and pavement marking
(i) Damage to shape or position, poor visibility or loss 48 (forty eight) hours
of retro- reflectivity
(ii) Painting of km stone, railing, parapets, crash As and when required/ Once
barriers every year
223
Work Division XV(NH)
Contact Agreement
(iii) Deterioration in health of trees and bushes Timely watering and treatment
(v) Removal of vegetation affecting sight line and road 15 (fifteen) days
structures
Bridges
(a) Superstructure
(i) Any damage, cracks, spalling/ scaling within 48 (forty eight) hours
Temporary measures within 15 (fifteen) days or as
specified by the Authority’s
Permanent measures
Engineer
(b) Foundations
224
Work Division XV(NH)
Contact Agreement
(e) Joints
225
Work Division XV(NH)
Contact Agreement
[Note: Where necessary, the Authority may modify the time limit for repair/rectification, or add to the
nature of Defect or deficiency before issuing the bidding document, with the approval of the
competent authority.]
226
Work Division XV(NH)
Contact Agreement
Schedule - F
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
(g) Any other permits or clearances required under Applicable Laws.
227
Work Division XV(NH)
Contact Agreement
Schedule – G
Annex-I
[DG(RD)&SS,
(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 [General
Manager in the National Highways Authority of India], 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
228
Work Division XV(NH)
Contact Agreement
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
$
Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with
Clause 7.2 of the Agreement).
229
Work Division XV(NH)
Contact Agreement
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.
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.
(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)
[DG(RD)&SS,
(A) [name and address of contractor] (hereinafter called the “Contractor") has executed an
agreement (hereinafter called the “Agreement”) with the [[Executive Engineer, WD XV(NH),
PWD, Ponda- Goa], (hereinafter called the “Authority”) for the construction of the
STRENGTHENING OF NH-566 FROM KM 0/00 TO KM 4.00(DHAVLI
BYPASS)ON EPC MODE IN THE STATE OF GOA UNDER NH(O) ANNUAL PLAN
2023-24
230
Work Division XV(NH)
Contact Agreement
section of [National Highway No. NH-566 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.
A letter from the Authority, under the hand of an officer not below the rank of [General
Manager in the National Highways Authority of India], 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,
$
The Guarantee Amount should be equivalent to 110% of the value of the applicable instalment.
231
Work Division XV(NH)
Contact Agreement
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
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.
(Name)
(Designation)
(Code Number)
$
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).
232
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(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.
233
WD XV (NH) Contract Agreement Schedules
SCHEDULE-H
Weightage
in
Percentag
percentag
Item Stage for Payment e
e to the
weightage
Contract
Price
1 2 3 4
A- Widening and strengthening
of existing road
(1) Earthwork up to top of the sub-
0.00%
grade
(2) Sub-Base Course (GSB) 0.00%
(3) Non Bituminous Base Course 0.00%
(4) Bituminous Base Course 53.16%
(5) Wearing Course 34.8%
(6) Cement Concrete Pavement
DLC- Dry lean Concrete 0.00%
PQC- Pavement Quality
0.00%
Concrete
(7) Widening and repair of culverts 0.00%
Weightage
in
Percentag
percentag
Item Stage for Payment e
e to the
weightage
Contract
Price
1 2 3 4
C.1- Reconstruction/New service
road (Flexible pavement)
(1) Earthwork up to top of the sub-
0.00%
grade
(2)Sub Base Course 0.00%
(3) Non-Bituminous Base Course 0.00%
(4) Bituminous Base Course 0.00%
(5) Wearing Course 0.00%
C.2- Reconstruction! New
Service road (Rigid Pavement)
(1) Earthwork up to top of the sub-
0.00%
grade
(2) Sub Base Course 0.00%
(3) Dry Lean Concrete(DLC)
0.00%
Course
(4) Pavement Quality Control
0.00%
(PQC) Course
D- Re-Construction and New
culverts on existing road,
realignments, bypasses:
Culverts (length < 6 m) 0.00%
A.1- Widening and Repair of
Minor bridges (length> 6 m and
< 60 m)
Minor bridges 0.00%
A.2- Reconstruction/New Minor
bridges
(length >6 and <60 m.)
(1) Foundation +Sub-Structure:
On completion of the foundation
work including foundations for wing 0.00%
Minor and return walls, abutments, piers
Bridges/Underpasses/Overpasse 0.00% upto the abutment/pier cap.
s (2) Super-structure: On
completion of the superstructure in
all respects including wearing coat,
bearings, expansion joints, hand 0.00%
rails, crash barriers, road signs &
markings, tests on completion etc.
complete in all respect.
(3) Approaches: On completion of
approaches including Retaining
walls, stone pitching, protection 0.00%
works complete in all respect and
fit for use.
Page | H-2
WD XV (NH) Contract Agreement Schedules
Weightage
in
Percentag
percentag
Item Stage for Payment e
e to the
weightage
Contract
Price
1 2 3 4
(4) Guide Bunds and River
Training Works: On completion of
0.00%
Guide Bunds and river Training
Works complete in all respects
B.1- Widening and Repair of
underpasses/Overpasses
Underpasses/ Overpasses 0.00%
B.2- New
underpasses/Overpasses
(1) Foundation +Substructure:
On completion of the foundation
work including foundations for wing 0.00%
and return walls, abutments, piers
upto the abutment/pier cap.
(2) Super-structure: On
completion of the superstructure in
all respects including wearing coat,
bearings, expansion joints, hand
rails, crash barriers, road signs &
markings, tests on completion etc.
complete in all respect. Wearing
Coat (a) in case of Overpass- 0.00%
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 as
specified.
(3) Approaches: On completion of
approaches including Retaining
walls/ Reinforced Earth walls,
0.00%
stone pitching, protection works
complete in all respect and fit for
use.
A.1-
Widening/Reconstruction/Repair
s of Major Bridges
(1) Foundation 0.00%
(2) Sub-structure 0.00%
Major Bridge (length>60m.)
works and ROB/RUBI elevated (3) Super-structure (including
0.00% 0.00%
sections/flyover including bearings)
viaducts, if any (4) Wearing Coat including
0.00%
expansion joints
(5) Miscellaneous Items like hand 0.00%
rails, crash barriers, road markings
etc.)
(6) Wing walls/return walls 0.00%
Page | H-3
WD XV (NH) Contract Agreement Schedules
Weightage
in
Percentag
percentag
Item Stage for Payment e
e to the
weightage
Contract
Price
1 2 3 4
(7) Guide Bunds, River 0.00%
Training works etc. 0.00%
(8) Approaches (including
Retaining walls, stone pitching and 0.00%
protection works)
A.2- New Major Bridges
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super-structure (including
0.00%
bearings)
(4) Wearing Coat including
0.00%
expansion joints
(5) Miscellaneous items like hand
rails, crash barriers, road markings 0.00%
etc.)
(6) Wing walls/return walls 0.00%
(7) Guide Bunds, River Training
0.00%
works etc.
(8) Approaches (including
Retaining walls, stone pitching and 0.00%
protection works)
B.1- Widening and repair of
(a) ROB (b) RUB
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super-structure (including
0.00%
bearings)
(4) Wearing Coat: (a) in case of
ROB- wearing coat including
expansion joints complete in all
respects as specified and (b) in
0.00%
case of RUB- rigid pavement under
RUB including drainage facility
complete in all respects as
specified as specified.
(5) Miscellaneous Items like hand
rails, crash barriers, road markings 0.00%
etc.)
(6) Wing walls/return walls 0.00%
(7) Approaches (including
Retaining walls, stone pitching and 0.00%
protection works)
B.2- New ROB/RUB
(a)ROB (b) RUB
(1) Foundation 0.00%
Page | H-4
WD XV (NH) Contract Agreement Schedules
Weightage
in
Percentag
percentag
Item Stage for Payment e
e to the
weightage
Contract
Price
1 2 3 4
(2) Sub-structure 0.00%
(3) Super-structure (including
0.00%
bearings)
(4) Wearing Coat: (a) in case of
ROB- wearing coat including
expansion joints complete in all
respects as specified and (b) in
0.00%
case of RUB- rigid pavement under
RUB including drainage facility
complete in all respects as
specified as specified.
(5) Miscellaneous Items like hand
rails, crash barriers, road markings 0.00%
etc.)
(6) Wing walls/return walls 0.00%
(7) Approaches (including
Retaining walls/Reinforced Earth
0.00%
wall, stone pitching and protection
works)
C.1- Widening and repair of
Elevated Section/Flyovers/
Grade Separators
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super-structure (including
0.00%
bearings)
(4) Wearing Coat including
0.00%
expansion joints
(5) Miscellaneous Items like hand
rails, crash barriers, road markings 0.00%
etc.)
(6) Wing walls/return walls 0.00%
(7) Approaches (including
Retaining walls/Reinforced Earth
0.00%
wall, stone pitching and protection
works)
C.2-New Elevated
Section/Flyovers/ Grade
Separators
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super-structure (including
0.00%
bearings)
(4) Wearing Coat including
0.00%
expansion joints
(5) Miscellaneous Items like hand
rails, crash barriers, road markings 0.00%
etc.)
Page | H-5
WD XV (NH) Contract Agreement Schedules
Weightage
in
Percentag
percentag
Item Stage for Payment e
e to the
weightage
Contract
Price
1 2 3 4
(6) Wing walls/return walls 0.00%
(7) Approaches (including
Retaining walls/Reinforced Earth
0.00%
wall, stone pitching and protection
works)
(i) Toll Plaza 0.00%
(ii) Road side drains 2.19%
(iii) Road signs, markings, km
8.55%
stones, Kerb Stones, pavers,
painting works and safety device.
(iv) Project facilities
(a) Bus Bays 0.00%
(b) Truck lay-byes 0.00%
(c) Rest areas 0.00%
(d) Incident Management System 0.00%
(v) Road side plantation 0.00%
(vi) Highway Lighting & ATMS
Other works 10.74% 0.00%
Equipment’s
(vii) Repair of protection works
other than approaches to the
bridges, elevated sections/ 0.00%
flyovers/grade separators and
ROBs/RUBs.
(viii) Safety and traffic
0.00%
management during construction.
(ix) Site Clearance and
Dismantling (Dismantling of
0.00%
Flexible pavement and drain and
scarifying Existing BT Surface)
(x) Dismantling of Existing
0.00%
Structures
(xi) Retaining Wall/Toe Wall 0.00%
(i) Electrical Utility Shifting 0.00%
Utility Shifting Works
0.00% (ii) Water Pipeline Shifting 0.00%
Page | H-6
WD XV (NH) Contract Agreement Schedules
(8) Shoulders 1.3% Unit of measurement is linear length. Payment of each stage
shall be made on pro rata basis on completion of a stage in
a length of not less than 10 (ten) percent of the total length in
half carriageway width.
B.1- Reconstruction/New 4-lane
realignment/bypass (Flexible
pavement)
Unit of measurement is linear length. (Flexible pavement)
(1) Earthwork up to top of the sub-grade Payment of each stage shall be made on pro rata basis on
0.00%
completion of a stage in full length or 5(five) km. length,
(2) Sub Base Course 0.00% whichever is less.
Page | H-7
WD XV (NH) Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
@. For example, 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 length in km
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 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.
Percentage
Stage for Payment Payment Procedure
weightage
A.1- Widening and Repair of Cost of each minor bridge shall be determined
Minor bridges (length> 6 m and < on pro rata basis with respect to the total linear
60 m) length of the minor bridges. Payment shall be
made on the completion of widening & repair
Minor bridges 0.00%
works of a minor bridge.
A.2- New Minor bridges (i) Foundation +Substructure: Cost of each
0.00% minor bridge shall be determined on pro rata
(length >6 and <60 m.)
basis with respect to the total linear length (m) of
the minor bridges. Payment against foundation +
(1) Foundation +Sub-Structure: sub-structure shall be made on pro-rata basis on
On completion of the foundation completion of a stage i.e. not less than 25% of
work including foundations for wing 0.00% the scope of foundation +sub structure of each
and return walls, abutments, piers bridge subject to completion of at least two
up to the abutment/pier cap. foundations along with substructure up to
abutment/pier cap level of each bridge. In case
where load testing is required for foundation, the
Page | H-8
WD XV (NH) Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
trigger of first payment shall include load testing
also where specified.
(2) Super-structure: On
completion of the superstructure in
all respects including wearing coat, (ii) Super-structure: Payment shall be made on
bearings, expansion joints, hand 0.00% pro-rata basis on completion of a stage i.e.,
rails, crash barriers, road signs &
completion of super-structure of at least one span
markings, tests on completion etc.
complete in all respect.
in all respects as specified in the column of
"Stage of Payment" in this sub-clause excluding
any payment made in pursuance to here in
under:
If precast girders/ segmentsare used, on casting
of all such girders and segments for at least one
span and on submission of Indemnity Bond by
the Contractor, 40% of the actual cost of such
precast girders/segments determined based
on SoR prevalent on the Base date within 30
days of submission of the bill therefor. 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. Balance payment shall be
after erection of / launching of these elements as
per stage payment stipulations
Page | H-9
WD XV (NH) Contract Agreement Schedules
Page | H-10
WD XV (NH) Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
(2) Super-structure: On (ii) Super-structure: Payment shall be made on
completion of the superstructure in pro-rata basis on completion of a stage i.e.
all respects including wearing coat, completion of super-structure of at least one span
bearings, expansion joints, hand in all respects as specified in the column of
rails, crash barriers, road signs &
"Stage of Payment" in this sub-clause excluding
markings, tests on completion etc.
complete in all respect. Wearing any payment made in pursuance to here in under:
Coat (a) in case of Overpass- 0.00%
wearing coat including expansion If precast girders/segmentsare used, on casting of all
joints complete in all respects as such girders and segments for at least one span and
specified and (b) in case of on submission of Indemnity Bond by the
underpass- rigid pavement Contractor, 40% of the actual cost of such precast
including drainage facility complete
girders/segments determined based on SoR
in all respects as specified as
specified. prevalent on the Base date within 30 days
of submission of the bill therefor. 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. Balance payment shall be after
erection of / launching of these elements as per
stage payment stipulations
(3) Approaches: On completion of
approaches including Retaining (iii) Approaches: Payment shall be made on pro-
walls/ Reinforced Earth walls, stone 0.00% rata basis on completion of a stage i.e. completion
pitching, protection works complete of approaches in all respect as specified excluding
in all respect and fit for use. any payment made in pursuance to here in under:
Page | H-11
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Page | H-2
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Page | H-3
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
Page | H-4
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Page | H-5
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
(ii) Sub-Structure: Payment against Sub-
structure shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of
(2) Sub-structure 0.00% the scope of sub structure of the ROB/RUB
subject to completion of atleast two sub-
structures of abutments/piers upto abutment/pier
cap level of the ROB/RUB.
Page | H-6
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Page | H-7
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
Page | H-9
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Percentage
Stage for Payment Payment Procedure
weightage
(v) Miscellaneous: Payments shall be made on
(5) Miscellaneous Items like hand
completion of all miscellaneous works like hand
rails, crash barriers, road markings 0.00%
rails, crash barriers, road markings etc.
etc.)
complete in all respects as specified.
(vi) Wing walls/return walls: Payments shall
(6) Wing walls/return walls 0.00% be made on completion of all wing walls/return
walls complete in all respects as specified.
(vii) Approaches: Payments shall be made on
(7) Approaches (including Retaining
walls/Reinforced Earth wall, stone 0.00%
completion of both approaches in clu ding
pitching and protection works) ston e pi tching, protection works, etc.
complete in all respects as specified excluding
any payment made in pursuance to here in
under:
Page | H-
10
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Page | H-
11
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Note: (1) In case of innovate Major Bridge projects like cable suspension/cable stayed! Extra Dozed
and exceptionally long span bridges, the schedule may be modified as per 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.
Other works.
Procedure for estimating the value of other works done shall be as stated in table 1.3.4.
Table 1.3.4
Percentage
Stage for Payment Payment Procedure
weightage
Page | H-
12
CE (NH) PWD, Maharashtra Contract Agreement Schedules
Utilities Shifting
Procedure for estimating the value of other works done shall be as stated in table 1.3.5
Table 1.3.5
Percent
age
Stage for Payment Payment Procedure
weighta
ge
(i) Electrical Utility
0.00%
Shifting Payment shall be made on pro rata basis for completed length of
(ii) Water Pipeline utilities shifting works.
0.00%
Shifting
Page | H-
13
Work Division XV(NH)
Contact Agreement
Schedule - I
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.
279
Work Division XV(NH)
Contact Agreement
Annex – I
(Schedule - I)
List of Drawings
[Note: The Authority shall describe in this Annex-I, all the Drawings that the Contractor is required to
furnish under Clause 10.2.]
280
Work Division XV(NH)
Contact Agreement
Schedule - J
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 ofeach 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 [40% of the Scheduled
Construction Period( 5 Months)] 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 and submitted to the Authority duly and validly
prepared Stage Payment Statements for an amount not less than 10% (ten per cent) of
the Contract Price.
3. Project Milestone-II
(i) Project Milestone-II shall occur on the date falling on the [60% of the Scheduled
Construction Period( 10 Months)] 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 per cent) of the Contract Price and should have started construction of all
bridges
4. Project Milestone-III
(i) Project Milestone-III shall occur on the date falling on the [85% of the Scheduled
Construction Period( 12 Months)] day from the Appointed Date (the “Project
Milestone- III”).
(ii) Prior to the occurrence of Project Milestone-III, the Contractor shall have continued
with construction of the Project Highway and submitted to the Authority duly and
validly prepared Stage Payment Statements for anamount not less than 70% (seventy
281
Work Division XV(NH)
Contact Agreement
per cent) of the Contract Price and should have started construction of all project
facilities.
(i) The Scheduled Completion Date shall occur on the [Scheduled Construction Period]
day from the Appointed Date.
(ii) On or before the Scheduled Completion Date, the Contractor shall have completed
construction in accordance with this Agreement.
6. 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.
282
Work Division XV(NH)
Contact Agreement
Schedule - K
Tests on Completion
(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 Nondestructive 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) Pavement Strength: The pavement strength is to be measured using Falling Weight
Deflectometer (FWD), at least once a year upon Completion of Project.
(v) 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
283
Work Division XV(NH)
Contact Agreement
reflectivity of road markings and road signs; and measuring the illumination level
(lux) of lighting using requisite testing equipment.
(vi) 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.
(vii) 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.
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.
The first testing with the help of NSV shall be conducted at the time of issue of Completion
Certificate.
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Work Division XV(NH)
Contact Agreement
Schedule - L
Completion Certificate
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…..
(Signature)
(Name)
(Designation) (Address)
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Schedule - M
(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.
(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.
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Where,
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
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.
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Schedule - N
(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.
(ii) 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.
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.
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Annex – I
(Schedule - N)
1. Scope
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 [Executive Engineer, WD XV(NH), PWD, Ponda-
Goa.] (the “Authority”) and .......... (the “Contractor”)# for “STRENGTHENING
OF NH-566 FROM KM 0.00 TO KM 4.00 (DHAVLI BYPASS) ON EPC MODE
IN THE STATE OF GOA UNDER NH(O) ANNUAL PLAN 2023-24” on
Engineering, Procurement, Construction (EPC) basis, 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
(i) The TOR shall apply to construction and maintenance of the Project Highway.
(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:
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(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 ensure that NSV survey shall be conducted at the
following intervals: (13.11.2019)
(v) The Authority’s Engineer in consultation with the Authority shall update PMIS
Portal of the Ministry (https://pmis.morthedisha.gov.in/) and also ensure uploading
Monthly and Quarterly Progress Report along with Strip Chart on PMIS Portal. Such
updations shall be done on the last date of every month/ quarter and if required, on
a weekly basis as advised by the Authority. Monthly invoices towards services of the
Authority’s Engineer shall not be admitted for payment in case of non-compliance of
the above.
(vi) 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.
(vii) The Authority’s Engineer shall aid and advise the Authority on any proposal
for Change of Scope under Article 13.
(viii) 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
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(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.
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(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 inaccordance 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.
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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.
(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.
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(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).
(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.
The Authority’s Engineer shall perform all other duties and functions as specified in
the Agreement.
9. Mscellaneous
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(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.
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Schedule - O
(See Clauses 19.4 (i), 19.6 (i), and 19.8 (i))
Forms of Payment Statements
1. Stage Payment Statement for Works
(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
(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
Note: The Contractor shall submit its claims in a form acceptable to the Authority.
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Schedule - P
Insurance
(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.
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.
(j) 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. [*****]
The successful bidder has to ascertain insurance cover for man and machinery to be
deployed on the site and accordingly insure. The insurance cover should be
ascertained well before the commencement of work and shall be valid upto the
completion of the project.
(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:
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(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.
The insurance under paragraphs 1 to 3 above shall be in the joint names of the Contractor and
the Authority.
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Schedule-Q
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.
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.
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Schedule-R
(Signature)
(Address)
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