You are on page 1of 52


2 Tender structure National Highways Authority of India (Ministry of Shipping, Road Transport and Highways) Project Implementation Unit, 2nd Cross, Sattur Colony, Vidyagiri, Dharwad 580 004. Tel: 0836 2461244 Fax: 2461442 No: NHAI/PIU-DWD/PD/Toll Plaza 15th Dec-05. INVITATION OF SHORT TERM BID. 1. Sealed tenders are invited on behalf of the Chairman, National Highways Authority of India from eligible reputed contractors for the work of construction of User Fee Plaza of 5+5 lanes (4+1 each side) excluding road works and pavement works at Km 483/600 (Hirebagewadi Village) of Dharwad-Belgaum section of NH-4 in the state of Karnataka. 2. Parties having relevant experience and strong financial base need only participate in the tender

3. EMD should be in the form of Account Payee Demand Draft drawn in favour of National Highways Authority of India, Dharwad and should be submitted along with tender document in a separate cover. 4. The cost of blank tender document Rs. 5,000/- (Rupees Five Thousand only) plus Sales Tax @ 10% and KVAT @12.5% (Non-Refundable). The parties downloading from website shall submit the tender cost in a separate cover while submitting the tender document. 5. For all details log on to General Manager (Tech) & 1


INVITATION FOR BIDS 3. A complete set of Bidding documents (one copy of Vol. I, II, IV and two copies of Vol. III) may be obtained between 10.00 hours to 18.00 hours on all working days from 20.12.2005 TO 09.01.2006 from the address of communication mentioned below. The Bid document can be obtained on payment of nonrefundable cost of document mentioned above in the form of a Demand Draft favouring National Highways Authority of India, Dharwad and payable at Dharwad. Downloaded Volume IV (Drawings) from NHAIs website at will not be accepted Only hard copy (drawings & schedule) issued by NHAI, Dharwad will be accepted. 4. Sealed Bids under three cover system comprising of (i) first envelope containing bid security as indicated at para 2 above (ii) second envelope containing Technical Bid prepared in accordance with Section 1(A) of volume-1 of the bidding document and (iii) third envelope containing Financial Bid on volume-III of the bid document, inscribing the same on top of each envelope, should reach NHAI at the address of communication given below not later than 14.00 hours on 09.01.2006. The bids will be opened on 09.01.2006 (15.30 hrs onwards). 5. NHAI will not be responsible for any delay in receiving the Bid Documents and reserves the right to accept/reject any or all Bids without assigning any reasons thereof. 7. The qualification criteria have been indicated in detail in Section-I (A) (Qualification Criteria) of Volume I of Bidding Documents. The salient requirements for qualification are indicated below. i. Minimum average annual financial turnover during the last 3 years ending 31st March 2005 Rs.67.398 Lakhs ii. Should have executed and completed satisfactorily one single project work of similar nature not less than Rs.179.729 Lakhs iii. Liquid assets and/or availability of credit facilities Rs.22.466 Lakhs Other details can be seen in the bidding documents. 2

This notice is also available at NHAI website Address for Communication: Project Director, National Highways Authority of India, II Cross, Sattur Colony, Vidyagiri, Dharwad, karnataka - 580004 Telephone: (0836)2461244/442/233 Fax: (0836)2461244 SECTION 1 INSTRUCTIONS TO BIDDERS (ITB) Section 1: Instructions to Bidders 1.1 The Chairman, National Highways Authority of India, New Delhi (referred to as Employer in these documents) invites bids for the construction of works (as defined in these documents and referred to as "the works") detailed in the table given in IFB. 1.2 The successful bidder will be expected to complete the works by the intended completion date specified in the Contract Data. 1.3 Throughout these bidding documents, the terms bid and tender and their derivatives (bidder/tenderer, bid/tender, bidding/tendering, etc.) are synonymous. 2. Source of Funds 2.1 The expenditure on the project will be met from the budget of National Highways Authority of India. 3. Eligible Bidders 3.1 This Invitation for Bid is open to all firms who are eligible for award of work. 3.2 4. Qualification of the Bidder 4.1 All bidders shall provide in Section 2, Qualification Information, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary. The proposed methodology should include program of construction backed with equipment planning and deployment duly supported with broad calculations and quality assurance procedures proposed to be adopted justifying their capability of execution and completion of the work as per technical specifications within the stipulated period of completion. 4.2 Qualification of bidders will be undertaken on receipt of bids, only bids from qualified bidders will be considered for award of Contract. These qualified bidders should submit with their bids any information updating their qualification applications. Availability, for this work, of key personnel. A list of key personnel required to be deployed is given in Annex II. 3

4.6 Deleted 4.7 Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity is more than the estimated cost of the project indicated in the IFB. The available bid capacity will be calculated as under: Assessed Available Bid capacity = (2*A*N - B) Where A = Maximum value of civil engineering works executed in any one year during the last five years from 2000-2001 to 2004-2005 (updated to 2005-2006 price level) taking into account the completed as well as works in progress. N = Number of years prescribed for completion of the works for which bids are invited. B = Value, at 2005-06 price level, of existing commitments and on-going works to be completed during the period of completion of the work for which bids are invited. Note: (i) The statements showing the value of existing commitments and on-going works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer in charge, not below the rank of an Executive Engineer or equivalent or certified by authorised signatory of the bidder. (ii) For Joint-Ventures, the available bid capacity will be applied for each partner, to the extent of his proposed participation and combined. (iii) Multiplying factor for escalation of financial figures will be taken as under: 2005-06 1.00 2004-05 1.10 2003-04 1.21 2002-03 1.33 2001-02 1.46 2000-01 1.61 4.8 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have: - made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or - record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures or debarring from NHAI works etc.; 5. One Bid per Bidder 5.1 6. Cost of Bidding 4

6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible and liable for those costs. 7. Site visit 7.1 The Bidder, at the Bidders own responsibility and risk is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder's own expense. B. Bidding Documents 8. Content of Bidding Documents 8.1 The set of bidding documents comprises the documents listed below and addenda issued in accordance with Clause 10: Section Particulars Volume No. Invitation for Bids (IFB) I 1. Instructions to Bidders (ITB) I 2. Qualification Information I 3. Conditions of Contract I 4. Contract Data I 5. Technical Specifications II 6. Contractors Bid III 7. Bill of Quantities III 8. Forms III 9. Drawings & Schedule IV 10. Documents to be furnished by bidder V 8.2 9.2 Pre-bid meeting Not Applicable to this work 10. Amendment of Bidding Documents C. Preparation of Bids 11. Language of the Bid 11.1 All documents relating to the bid shall be in the English language. 1-6 12. Documents comprising the Bid 12.1 The bid submitted by the bidder shall comprise the following: (A) Technical Bid (i) Bid Security. (ii) Qualification Information Form and Documents; (pursuant to Clause 4 hereof) and any other materials required to be furnished and submitted by 5

bidders in accordance with these instructions. The documents listed under Sections 1 and 2 of Sub-Clause 8.1 shall be furnished in without exception. A separate volume will be prepared by the bidder containing these documents and will be named as Volume V. (B) Financial Bid (i) Contractors bid (Section 6) duly filled in and signed by bidder. (ii) Priced Bill of Quantities (Section 7) duly filled and signed by bidder. 12.2 The bidder shall prepare two copies of the Technical and Financial bids, marking them Original and Copy respectively. 12.3 Following documents, which are not submitted with the bid, will be deemed to be part of the bid. Section Particulars Volume No. Invitation for Bids (IFB) I 1. Instructions to Bidders I 2. Conditions of Contract I 3. Contract Data I 4. Technical Specifications II 5. Forms III 6. Drawings & Schedule IV 13. Bid Prices 13.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder. 13.2 The bidder shall fill in rates and prices (both in figures and words) for all items of the Works described in the Bill of Quantities along with total bid price (both in figures and words). Items for which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. However, rates are not to be quoted against those items of BOQ for which the quantities are not given. Corrections, if any, shall be made by crossing out, initialing and rewriting. All pages of the bill of quantities shall be initialed. 13.3 All duties, taxes, and other levy payable by the contractor under the contract, or for any other cause shall be included in the rates, prices and total Bid Price submitted by the Bidder. 13.4 The rates and prices quoted by the bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of Clause 47 of the Conditions of Contract. 1-7 14. Currencies of Bid and Payment 14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All payments shall be made in Indian Rupees. 15. Bid Validity 6

15.1 Bids shall remain valid for a period of 60 (Sixty) days after the deadline date for bid submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer as non-responsive. 15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders may extend the period of validity for a specified additional period. The request and the bidders' responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of his bid security for a period of the extension, and in compliance with Clause 16 in all respects. 15.3 Deleted 16. Bid Security 16.1 The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in column 4 of the table of IFB for this particular work. This bid security shall be in favour of National Highways Authority of India, Dharwad in the form of Demand Draft from the Nationalised Banks. 16.2 Deleted 16.3 Any bid not accompanied by Bid Security shall be rejected by the Employer as non-responsive. 16.4 The bid securities of the bidders except that of five lowest bidders will be returned as promptly as possible but not later than 28 days after the date of opening of financial bids. The bid securities of remaining unsuccessful bidders shall be returned within 28 days of the end of the bid validity period specified in sub Clause 15.1. 16.5 The Bid Security of the successful bidder will be discharged when the bidder has signed the Agreement and furnished the required Performance Security. 1-8 16.6 The Bid Security shall be forfeited (a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity; (b) if the Bidder does not accept the correction of the Bid Price, pursuant to Clause 27; or (c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to (i) sign the Agreement; or (ii) furnish the required Performance Security. 17. Alternative Proposals by Bidders 17.1 Bidders shall submit offers that fully comply with the requirements of the bidding documents, including the conditions of contract (including mobilisation advance or time for completion), basic technical design as indicated in the 7

drawing and specifications. Conditional offer or alternative offers will not be considered further in the process of tender evaluation. 18. D. Submission of Bids 19. Sealing and Marking of Bids 19.1 19.3 19.4 If the envelopes are not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Technical Bid and Financial Bid. 20. Deadline for Submission of the Bids 20.1 Bids must be received by the Employer at the address later than 14:00 hrs. on 09.01.2006 and will be opened 15:30 Hrs. In the event of the specified date for the declared a holiday for the Employer, the Bids will be appointed time on the next working day. specified above not on the same day at submission of bids received up to the

20.2 21. Late Bids 21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned unopened to the bidder. 22. Modification and Withdrawal of Bids 22.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 20. 22.2 22.3 No bid may be modified after the deadline for submission of Bids. 22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity specified in Clause 15.1 above or as extended pursuant to Clause 15.2 shall result in the forfeiture of the Bid security pursuant to Clause 16. 22.5 E. Bid Opening and Evaluation 23. Bid Opening 23.1 Bid opening shall be carried out in two stages. Firstly, technical bid of all the bids received (except those received late) shall be opened on the date and time mentioned in Clause 20. Financial Bid of those bidders whose technical bid has been determined to be substantially responsible shall be opened on a subsequent date, which will be notified to such bidders. 23.2 Opening of Technical Bids 23.2.1 Bidders names, withdrawals, modification of technical bid, the presence of bid security and such other details, as the Employer may consider appropriate will be announced by the Employer at the opening.

23.2.4 The Employer shall prepare minutes of the bid opening, including the information disclosed to those present in accordance with sub-clause 23.2.3 hereof. 23.3 Opening of Financial Bids 23.3.1 23.3.3 The Employer shall prepare minutes of the bid opening including the information disclosed to those in accordance with Clause 23.3.2. 24. Process to Be Confidential 24.1 Information relating to the examination, clarification, evaluation, and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. 25. Clarification of Bids 25.1 25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to its bid from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he should do so in writing. 25.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidders bid. 26. Examination of Bids and Determination of Responsiveness 26.1 26.2. 26.3 A substantially responsive Technical or Financial Bid is one, which confirms to all the terms, conditions and specifications of the Bidding Documents, without material deviations or reservation. A material deviations or reservation is one (a) which affects in any substantial way the scope, quality or performance of Works; (b) which limits in any substantial way, inconsistent with the Bidding documents, the Employers rights or the Bidders obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of the Bidders presenting substantially responsive Bids. 26.4 26.5 27. Correction of Errors 27.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: 27.2 28. Deleted 29. Evaluation and Comparison of Bids 9

29.2 29.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the Contractor shall not be taken into account in Bid evaluation. 1-12 29.4. 29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer's estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analysis, the Employer may require that the amount of the performance. Security set forth in Clause 34 be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract. 29.6 30. Deleted F. Award of Contract 31. Award Criteria 31.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3, and (b) qualified in accordance with the provisions of Clause 4. No Bidder will be awarded more than two contract packages under this phase for which pre qualification was invited, subject to their eligibility and bid capacity. 32. Employer's Right to Accept any Bid and to Reject any or all Bids 32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action. 33. Notification of Award and Signing of Agreement 33.1 33.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing of a performance security in accordance with the provisions of Clause 34. 33.3 33.4 Within 28 days (twenty eight days) of the date of signing the Form of Agreement, the successful bidder shall, if required, have the same 10

engrossed, have the correct amount of stamp duty adjudicated by the Inspector General of Registrations, Delhi and return the same duly signed and executed on behalf of the successful bidder to the Employer. 33.5 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify the other Bidders that their Bids have been unsuccessful. 1-13 34. Performance Security 34.1 Within 15 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a Performance Security in the form of a bank guarantee in the form given in Section 7; for an amount equivalent to 5% of the Contract price plus additional security for unbalanced Bids in accordance with Clause 29.5 of ITB and Clause 52 of Conditions of Contract. 34.2 34.3 Failure of the successful Bidder to comply with the requirements of SubClause 34.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. 35 Advance Payment and Security 35.1 The Employer will provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract, subject to maximum amount, as stated in the Contract Data. 36. Dispute Review Expert 36.1 The Employer proposes that one of the retired Director General (Road Development) or Additional Director Generals of the Ministry of Surface Transport (Roads Wing) or similar ranking officers of CPWD and Border Roads Organisation should be appointed Dispute Review Expert under the Contract. 37. Corrupt or Fraudulent Practices The Employer will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question and will declare the firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract with National Highways Authority Of India if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for the contractor, or in execution. 37.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 23.2 and sub-clause 59.2 of the Conditions of Contract. 1-14Annex I TYPE OF MAJOR PLANT & EQUIPMENT REQUIRED TO BE DEPLOYED ON CONTRACT WORK (Refer clause 4.5 B (a)) Sl. No. Type of Equipment Nos. Capacity 1. Welding Machine 01 2. Generator 01 64 KV 3. Crane 01 25 Tonnes 1-15 11

Annex II LIST OF KEY PERSONNEL REQUIRED TO BE DEPLOYED ON THE CONTRACT WORK (Refer clause 4.5 B (b)) Sl. No. Personnel Qualification 1. Engineer (Mechanical) B.E./B.Tech (Mechanical) + 5 years Exp. Skilled workers and operator Minimum 5% should have obtained certificate of proficiency from any institute/contractor. SECTION 2 QUALIFICATION INFORMATION AND OTHER FORMS 2-1 Qualification Information The information to be filled in by the Bidder in the following pages will be used for purposes of post-qualification as provided for in Clause 4 of the Instructions to Bidders. 1.4 Information on Bid Capacity (works for which bids have been submitted and works which are yet to be completed) as on the date of this bid. (A) Existing commitments and on-going works: * Attach certificate(s) from the Engineer(s)-in-Charge Attach certificate from Chartered Accountant 2-3 (B) Works for which bids already submitted (1) (2) (3) (4) (5) (6) (7) 1.5 The following items of Contractors Equipment are essential for carrying out the Works. The Bidder should list all the information requested below, as per his own planning. 1.6 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data. 1.10. Name, address, and telephone, telex, and fax numbers of the Bidders' bankers who may provide references if contacted by the Employer. 1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and charts as necessary to comply with the requirements of the Bidding documents. [Refer ITB Clause 4.1]. 1.14 Programme. 1.15 Quality Assurance Programme. 1.16 Latest Income Tax Clearance Certificate. 2. Joint Ventures - Agreement to be furnished.


3. Additional Requirements 3.1 Bidders should provide any additional information required to fulfill the requirements of Clause 4 of the Instructions to the Bidders, if applicable. (i) Bank Certification for Credit Facility SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT FACILITIES (CLAUSE 4.2 (i) OF ITB) BANK CERTIFICATE AFFIDAVIT UNDERTAKING I, the undersigned do hereby undertake that our firm M/s ________________________________ would invest a minimum cash up to 25% of the value of the work [part of value of work as joint venture partner] during implementation of the Contract. ____________________________________ (Signed by an Authorised Officer of the Firm) ____________________ Title of Officer _____________________ Name of Firm ____________________ DATE SECTION 3 CONDITIONS OF CONTRACT Conditions of Contract Table of Contents A. General Page No. C. Quality Control Page No. 1. Definitions 3-1 33. Identifying Defects 3-7 2. Interpretation 3-2 34. Tests 3-7 3. Language and Law 3-2 35. Correction of Defects 3-7 4. Engineer's Decisions 3-2 36. Uncorrected Defects 3-7 5. Delegation 3-3 6. Communications 3-3 7. Subcontracting 3-3 D. Cost Control 8. Other Contractors 3-3 37. Bill of Quantities 3-7 9. Personnel 3-3 38. Changes in the Quantities 3-7 10. Employers & Contractor's Risks 3-3 39. Variations 3-7 11. Employer's Risks 3-3 40. Payments for Variations 3-8 12. Contractors Risks 3-3 41. Cash Flow Forecasts 3-8 13. Insurance 3-4 42. Payment Certificates 3-8 14. Site Investigation Reports 3-4 43. Payments 3-8 15. Queries about the Contract 3-4 44. Compensation Events 3-9 Data 45. Tax 3-10 16. Contractor to Construct the 3-4 46. Currencies 3-10 Works 47. Price Adjustments 3-10


17. The Works to Be Completed by 3-4 48. Retention 3-10 the Intended Completion Date 49. Liquidated Damages 3-10 18. Approval by the Engineer 3-4 50. Bonus 3-11 19. Safety 3-5 51. Advance Payment 3-11 20. Discoveries 3-5 52. Securities 3-12 21. Possession of the Site 3-5 53. Deleted 3-12 22. Access to the Site 3-5 54. Cost of Repairs 3-12 23. Instructions 3-5 24. Disputes 3-5 25. Procedure for Disputes 3-5 E. Finishing the Contract 26. Replacement of Dispute Revision 3-5 Expert 55. Completion 3-12 B. Time Control 56. Taking Over 3-12 27. Program 3-6 57. Final Account 3-12 28. Extension of the Intended 3-6 58. Operating and Maintenance 3-12 Completion Date Manuals 59. Termination 3-12 29. Acceleration 3-6 60. Payment upon Termination 3-13 30. Delays Ordered by the 3-6 61. Property 3-13 Engineer 62. Release from Performance 3-13 31. Management Meetings 3-6 32. Early Warning 3-6 Special Conditions of Contract 3-14 To 3-16 3 1 Conditions of Contract Sec.-3 A. General 1. Definitions Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid. Compensation Events are those defined in Clause 44 hereunder. The Completion Date is the date of completion of the Works as certified by the Engineer in accordance with Sub Clause 55.1. The Contract is the contract between the Employer and the Contractor to execute, complete and maintain the Works. It consists of the documents listed in Clause 2.3 below. The Contract Data defines the documents and other information, which comprise the Contract. The Contractor is a person or corporate body whose Bid to carry out the Works has been accepted by the Employer. The Contractor's Bid is the completed Bidding document submitted by the Contractor to the Employer. The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days; months are calendar months. A Defect is any part of the Works not completed in accordance with the Contract. The Dispute Review Expert is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in


Clauses 24 and 25. The name of the Dispute Review Expert is defined in the Contract Data. The Defects Liability Period is the period named in the Contract Data and calculated from the Completion Date. The Employer is the party who will employ the Contractor to carry out the Works. The Engineer is the person named in the Contract Data (or any other competent person appointed and notified to the contractor to act in replacement of the Engineer) who is responsible for supervising the Contractor, administering the Contract, certifying payments due to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of time, and valuing the Compensation Events. Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works. The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance. The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Engineer by issuing an extension of time. Materials are all supplies, including consumables, used by the contractor for incorporation in the Works. Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical or biological function. 3 2. The Site is the area defined as such in the Contract Data. Site Investigation Reports are those which were included in the Bidding documents and are factual interpretative reports about the surface and subsurface conditions at the site. Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Engineer. The Start Date is given in the Contract Data. It shall be 21 days from the date of issue of the notice to proceed with the work. The notice to proceed shall be issued with in 45 days of signing of Agreement. A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract which includes work on the Site. Temporary Works are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works. A Variation is an instruction given by the Engineer which varies the Works. The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the Contract Data. 2. Interpretation 2.3 The documents forming the Contract shall be interpreted in the following order of priority: (1) Agreement (2) Letter of Acceptance, notice to proceed with the works (3) Contractors Bid (4) Contract Data (5) Conditions of Contract including Special Conditions of Contract 15

(6) Specifications (7) Drawings & Schedule (8) Bill of quantities and (9) Any other document listed in the Contract Data as forming part of the Contract. 3. Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data. 4. Engineer's Decisions 4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the Employer and the Contractor in the role representing the Employer. 3 3 5. Delegation 5.1 The Engineer may delegate any of his duties and responsibilities to other people except to the Dispute Review Expert after notifying the Contractor and may cancel any delegation after notifying the Contractor. 6. Communications 7. Subcontracting 7.1 The Contractor may subcontract any portion of work, up to a limit specified in Contract Data with the approval of the Employer. Subcontracting does not alter the Contractor's obligations. 8. Other Contractors 9. Personnel 9.1 9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractors staff or his work force stating the reasons the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract. 10. Employers and Contractor's Risks 11. Employer's Risks 11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the execution of the Works in the Employers country, the risks of war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless restricted to the Contractors employees), and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design of the Works, other than the Contractors design. 12. Contractors Risks 12.1 All risks of loss of or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the


Contract other than the excepted risks are the responsibility of the Contractor. 34 13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the Contract Data for the following events which are due to the Contractors risks: (a) loss of or damage to the Works, Plant and Materials and equipment; (b) loss of or damage of property (except the Works, Plant, Materials and Equipment) in connection with the Contract; and (c) personal injury or death. 14. Site Investigation Reports 14.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in the Contract Data, supplemented by any information available to the Bidder. 15. Queries about the Contract Data 16. Contractor to Construct the Works 16.1 The Contractor shall construct and install the Works in accordance with the Technical Specifications and Drawings. 17. The Works to Be Completed by the Intended Completion Date 17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the program submitted by the Contractor, as updated with the approval of the Engineer, and complete them by the Intended Completion Date. 18. Approval by the Engineer 18.1 The Contractor shall submit Design, Specifications and Drawings showing the proposed Temporary Works and Space Frame Structure to the Engineer, who is to approve them if they comply with the desired specifications and drawings. 18.2 The Contractor shall be responsible for design of Temporary Works and Space Frame Structure. 18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the Temporary Works and Space Frame Structure. 19. Safety 19.1 The Contractor shall be responsible for the safety of all activities on the Site. 20. Discoveries 21. Possession of the Site 21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the Contract Data the Employer is deemed to have delayed the start of the relevant activities and this will be Compensation Event. 17

22. Access to the Site 23. Instructions 23.1 The Contractor shall carry out all instructions of the Engineer which comply with the applicable laws where the Site is located. 23.2 The Contractor shall permit the Employer to inspect the Contractors accounts and records relating to the performance of the Contractor and to have them audited by auditors appointed by the Bank, if so required by the Employer. 24. Disputes 24.1 If the Contractor believes that a decision taken by the Engineer was either outside the authority given to the Engineer by the Contract or that the decision was wrongly taken, the decision shall be referred to the Dispute Review Expert within 14 days of the notification of the Engineer's decision. 25. Procedure for Disputes 25.1 The Dispute Review Expert shall give a decision in writing within 28 days of receipt of a notification of a dispute. 25.2 He shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Dispute Review Expert. Either party may refer a decision of the Dispute Review Expert to an Arbitrator within 28 days of his written decision. If neither party refers the dispute to arbitration within the above 28 days, the Dispute Review Experts decision will be final and binding. 25.3 The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special Conditions of Contract. 26. Replacement of Dispute Review Expert 26.1 B. Time Control 27. Program 27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works along with monthly cash flow forecast. 27.4 The Engineer's approval of the Program shall not alter the Contractor's obligations. The Contractor may revise the Program and submit it to the Engineer again at any time. A revised Program is to show the effect of Variations and Compensation Events. 28. Extension of the Intended Completion Date


28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost. 28.2 29. Deleted 30. Delays Ordered by the Engineer 30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the Works. 31. Management Meetings 32. Early Warning C. Quality Control 33. Identifying Defects 33.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect. 34. Tests 34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event. 35. Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 36. Uncorrected Defects 36.1 If the Contractor has not corrected a Defect within the time specified in the Engineers notice, the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this amount. D. Cost Control 37. Bill of Quantities 37.1 The Bill of Quantities shall contain items for the construction, installation, testing, and commissioning work to be done by the Contractor. 37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item. 19

38. Alterations Additions and Omissions 38.1 Variations: The Engineer shall make any variation of the form, quality or quantity of the works or any part thereof that may, in his opinion, be necessary and for that purpose, or if for any other reason it shall, in his opinion be desirable, he shall have power to order the contractor to do and the contractor shall do any of the following; (a) increase or decrease the quantity of any work included in the contract, (b) omit any such work. (c) Change the Character or quality or kind of any such work, (d) Change the levels, lines, position and dimensions of any part of the works, and (e) Execute additional work of any kind necessary for the completion of the work and no such variation shall in any way vitiate or invalidate the contract, but the value, if any of all such variations shall betaken into account in ascertaining the amount of the contract price. 3 - 8 38.2 Orders for Variations to be in writing: No such variations shall be made by the contractor without an order in writing of the Engineer, 39.1 Valuation of Variations: All variations referred to in Clause 38 and any additions to the Contract Price which are required to be determined in accordance with Clause 39 (for the purposes of this Clause referred to as varied work), shall be valued at the rates and prices set out in the Contract if, in the opinion of the Engineer, the same shall be applicable. If the Contract does not contain any rates or prices applicable to the varied work, the rates and prices in the Contract shall be used as the basis for valuation so far as may be reasonable, failing which, after due consultation by the Engineer with the Employer and the Contractor, suitable rates or prices shall be agreed upon between the Engineer and the Contractor. 39.2 Power of Engineer to Fix Rates: 39.3 Variation Exceeding 15 Percent: If, on the issue of the Taking over Certificate for the whole of the works, it is found that as a result of: (a) all varied work valued under Sub-Clauses 38.1 and 39.2, and (b) all adjustment upon measurement of the estimated quantities set out in the bill of quantities, excluding Provisional Sums and adjustments of price made under clause 47. 39.4 The revised procedures for approval of variations are as under(i) Variations in individual BOQ items: The Engineer is authorized to issue variation order up to 1% of contract value and up to a maximum of 25% of the BOQ item. (ii) New items (Non-BOQ items): Before issuing orders to execute new items of work (non BOQ items) Engineer shall obtain technical approval from NHAI. The powers for granting technical approval shall be exercised at Headquarters as under. (iii) Overall Variations under Contract: Subject to provisions under (i) & (ii) above the Engineer is authorized to issue cumulative variations upto a limit of 10% of the original contract value (less negative 20


variations/savings). The overall limit shall apply collectively on all BOQ items as well as non-BOQ items and shall include all the variations issued till that point of time including those approved otherwise than by the Engineer. The overall limit shall be exclusive of escalation. Variations beyond above limits: Any variation beyond above limits (individual items and overall variations) shall be approved by the employer.

40. Payments for Variations 40.3 If the Contractor's quotation is unreasonable, the Engineer may order the Variation and make a change to the Contract Price which shall be based on Engineers own forecast of the effects of the Variation on the Contractor's costs. 40.4 41. Cash flow forecasts 41.1 When the Program is updated, the contractor is to provide the Engineer with an updated cash flow forecast. 42. Payment Certificates 42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of the work completed less the cumulative amount certified previously. 42.2 The Engineer shall check the Contractor's monthly statement within 14 days 42.7 Provisional Payments: Payments shall also be made to the contractor provisionally for the permanent works done in the first fortnight of a months, within 7(seven) days of the receipt of such request from the contractor. The value of work done shall be assessed on rough estimation; measurement shall not be recorded. Amount of provisional payment in a month shall not exceed 1(one) percent of the contract price and shall be adjusted in monthly payments. 42.8 The Engineer shall on the basis of the statement recommend to the Employer for part payment an amount of 75% of the net bill amount considered by him to be justifiable and reasonable within 6 days of the receipt of the monthly statement referred to in sub-clause 42.1. 43. Payments 43.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries in terms of the contract and taxes, at source, 43.2 If an amount certified is increased in a later certificate as a result of an award by the Dispute Review Expert or an Arbitrator, the Contractor shall be paid interest upon the delayed payment 43.3 Items of the Works for which no rate or price has been entered in will not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract. 44. Compensation Events


44.1 The following are Compensation Events unless they are caused by the Contractor: (a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data. (b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract. (c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time. (d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects. (e) The Engineer does not approve for a subcontract to be let, within 15 days. (f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site. (g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons. (h) The advance payment is delayed, beyond 28 days after receipt of application and acceptable bank guarantee. (i) The effect on the Contractor of any of the Employers Risks. (j) The Engineer unreasonably delays issuing a Certificate of Completion. (k) Other Compensation Events listed in the Contract Data or mentioned in the Contract. 3 11 44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. 44.3 47. Price Adjustment This Clause is applicable only for those projects with completion period of more than one year. 47.1 Contract price shall be adjusted for increase or decrease in rates and price of labour, materials, fuels and lubricants in accordance with the following principles and procedures and as per formula given in the contract data: (a) The price adjustment shall apply for the work done from the start date given in the contract data upto end of the initial intended completion date or extensions granted by the Engineer and shall not apply to the work carried out beyond the stipulated time for reasons attributable to the contractor. (b) The price adjustment shall be determined during each quarter from the formula given in the Contract Data. 48. Retention 48.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Contract Data until Completion of the whole of the Works.


48.2 On Completion of the whole of the Works half the total amount retained is repaid to the Contractor and half when the Defects Liability Period has passed and the Engineer has certified that all Defects notified by the Engineer to the Contractor before the end of this period have been corrected. 3 12 48.3 When cumulative retention money reaches maximum limit as stated in Contract Data, the contractor may substitute retention money with an on demand Bank guarantee. 49. Liquidated Damages 49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data 49.3 Liquidated damages for delay If the contractor fails to comply with the time for completion as stipulated in the tender, then the contractor shall pay to the employer the relevant sum stated in the Contract Data as Liquidated damages 49.4 50. Bonus 50.1 If the contractor achieves completion of the whole of the works prior to the Intended Completion Date prescribed in Contract Data (extension of time pursuant to Clause 28 will not be considered) the Employer shall pay to the contractor a sum stated in Contract Data as bonus for every completed month payment of bonus. 51. Advance Payment 51.1 The Employer shall make advance payment to the Contractor of the amounts stated in the Contract Data by the date stated in the Contract Data, against provision by the Contractor of an Unconditional Bank Guarantee 51.2 The Contractor is to use the advance payment only to pay for Equipment, Plant and Mobilization expenses required specifically for execution of the Works. The Contractor shall demonstrate that 3 13 advance payment has been used in this way by supplying copies of invoices or other documents to the Engineer. 51.3 51.4 Secured Advance: The Engineer shall make advance payment in respect of materials intended for but not yet incorporated in the Works in accordance with conditions stipulated in the Contract Data. 52. Securities 52.1 The Performance Security (including additional security for unbalanced bids) shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a bank or 23

surety acceptable to the Employer, and denominated in Indian Rupees. The Performance Security shall be valid until a date 28 days from the date of expiry of Defects Liability Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of completion. 53. Deleted 54. Cost of Repairs E. Finishing the Contract 55. Completion 55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the Works and the Engineer will do so upon deciding that the Work is completed. 56. Taking Over 56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a certificate of Completion. 57. Final Account 57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and complete. 58. Operating and Maintenance Manuals 58.1 If as built Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the Contract Data. 58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they do not receive the Engineers approval, the Engineer shall withhold the amount stated in the Contract Data from payments due to the Contractor. 3 14 59. Termination 59.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. 59.2 Fundamental breaches of Contract include, but shall not be limited to the following: (a) the Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Engineer; (b) the Engineer instructs the Contractor to delay the progress of the Works and the instruction is not withdrawn within 28 days; (c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation; (d) a payment certified by the Engineer is not paid by the Employer to the Contractor within 56 days of the date of the Engineer's certificate; 24

(e) the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer; (f) the Contractor does not maintain a security which is required; (g) the Contractor has delayed the completion of works by the number of days for which the maximum amount of liquidated damages becomes payable as defined in the Contract data; and (h) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in the executing the Contract. For the purpose of this paragraph: corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution. Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition. 59.3 59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience. 59.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible. 60. Payment upon Termination 60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall issue a certificate for the value of the work done less advance payments 61. Property 61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the Employer, if the Contract is terminated because of a Contractors default. 62. Release from Performance 62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made. SPECIAL CONDITIONS OF CONTRACT 1. LABOUR The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport. 2. COMPLIANCE WITH LABOUR REGULATIONS 25

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK. a) Workmen Compensation Act 1923: b) Payment of Gratuity Act 1972: Employees P.F. and Miscellaneous Provision Act 1952: c) Maternity Benefit Act 1951: d) Contract Labour (Regulation & Abolition) Act 1970: e) Minimum Wages Act 1948: f) Payment of Wages Act 1936: g) Equal Remuneration Act 1979: h) Payment of Bonus Act 1965: i) Industrial Disputes Act 1947:. j) Industrial Employment (Standing Orders) Act 1946: k) Trade Unions Act 1926: l) Child Labour (Prohibition & Regulation) Act 1986: m) Inter-State Migrant workmens (Regulation of Employment & Conditions of Service) Act 1979: n) The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and the Cess Act of 1996: o) Factories Act 1948: 3. ARBITRATION (GCC Clause 25.3) The procedure for arbitration will be as follows: (a) In case of Dispute or difference arising between the Employer and a domestic contractor relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Employer and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties and shall act as Presiding arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the Council of Indian Road Congress. (b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b) above within 30 days after receipt of the notice of the appointment of its arbitrator by the other party, then the Council of Indian Road Congress shall appoint the arbitrator. A certified copy of the order of the Council of Indian Road Congress making such an appointment shall be furnished to each of the parties. (c) Arbitration proceedings shall be held at New Delhi, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. (d) Performance under the contract shall continue during the arbitration proceedings and payments due to the contractor by the owners shall not be withheld, unless they are the subject matter of the arbitration proceedings. SECTION 4 CONTRACT DATA 4 - 1 26

Contract Data Items marked "N/A" do not apply in this Contract. Clause Reference with respect to section 3 1. The Employer is Name: Project Director, NHAI, PIU-Dharwad Address: II Cross, Sattur Colony, Vidyagiri, DHARWAD 580 004 [Cl.1.1] Name of Authorized Representative Manager-(Tech)(HQ), PIU- Dharwad 2. The Engineer is: (will be intimated later) Name of Authorized Representative: (Will be intimated later) 3. The Dispute Review Expert appointed jointly by the Employer and Contractor is: *Name : _______________________________________ *Address : _______________________________________ (*to be filled in after the Dispute Review Expert has been appointed) [Cl.1.1] 4. The Defects Liability Period is 365 days from the date of completion. [Cl. 1.1&35] 5. The Start Date shall be maximum of 21 days from the date of issue of the Notice to proceed with the work. The Notice to proceed shall be issued within maximum 45 days of signing of agreement. [Cl.1.1] 6. The Intended Completion Date for the whole of the Works is 3 months reckoned from Start Date. [Cl.1.1, 17&28] 7. The Site is located at Km.483/600 of Dharwad - Belgaum Section of NH-4 in the State of Karnataka [Cl. 1.1] 8. The name and identification number of the Contract is: Construction of Toll Plaza with 5+5 lanes (4+1 each side) (excluding road works and pavement works) Km.483.600 in Hirebagewadi Village of Dharwad Belgaum Section on NH-4 in the State of Karnataka. [Cl. 1.1] 9. The works consist of Construction of Toll Plaza with 5+5 lanes (4+1 each side) (excluding road works and pavement works) a Km.483.600 in Hirebagewadi Village of Dharwad Belgaum Section on NH-4 in the State of Karnataka. The works shall, inter alia include the following, as specified or as directed: (A) Road Works (B) Building and Electrical Works (C) Other Items Any other items as required to fulfill all contractual obligations as per the Bid documents. 10. The following documents also form part of the Contract: _________________(N/A)____________________________________[Cl. 2.3(9)] 11. The law which applies to the Contract is the law of Union of India [Cl. 3.1]


12. The language of the Contract documents is English 13. Limit of subcontracting 50% of the Initial Contract Price Proposal for subcontracting shall contain detailed experience, equipment and personnel of subcontractor along with items and quantities to be subcontracted. [Cl. 3.1] [Cl. 7.1] 14. The Schedule of Other Contractors N/A [Cl. 8] 15. The Schedule of Key Personnel As per Annex-.II to Section I [Cl. 9] 16. The minimum insurance cover for physical property, injury and death is Rs.5 lakhs per occurrence with the number of occurrences limited to four. After each occurrence, contractor will pay additional premium necessary to make insurance valid for four occurrences always. The Insurance Cover as per clause 13 shall be furnished by the contractor before Start Date. [Cl. 13] 17. Site investigation report N/A [Cl.14] 18. The Site Possession Dates shall be: The whole site shall be handed over to the contractor on the Start Date. [Cl. 21] 4 3 Clause Reference with respect to section 3 19. Fees and types of reimbursable expenses to be paid to the Dispute Review Expert (To be inserted later) [Cl. 25] 20. Appointing Authority for the Dispute Review Expert - Council, Indian Road Congress, New Delhi. [Cl. 26] 21. The period for submission of the program for approval of Engineer shall be maximum of 10 days from the issue of Letter of Acceptance. [Cl. 27.1] 22. The period between Program updates shall be 10 days. [Cl. 27.3] 23. The amount to be withheld for late submission of an updated Program shall be Rs. 2 lakhs. [Cl. 27.3] 24. Substitute the Clause 42.1 as under: The contractor shall submit to the Engineer and Employer separately, monthly statement of estimated value of work executed less the cumulative amount certified previously. The monthly statement should indicate the net payable amount taking into account the deductions for advance payments, retention and other recoveries in terms of contract and taxes at source as applicable under the law.[Cl.42.1] 29. (a) The proportion of payments retained (retention money) shall be 5% from each bill, (excluding secured advance) subject to a maximum of 2.5% of initial contract price. (b) Substitute Clause 48.3 as under: The Contractor may substitute retention money with on demand unconditional bank guarantee(s) when the cumulative retention money 28

reaches following stages: (i) 50% of the maximum limit (ii) 100% of the maximum limit [Cl. 48] [Cl. 48.3] 4 - 4 Nature of Advance Amount (Rs.) Conditions to be fulfilled i. Mobilisation Advance 10% of the Contract price On submission of unconditional Bank Guarantee. The Contractor may furnish four unconditional Bank Guarantees of 2.5% each valid for full period. (To be drawn before the end of 20% of Contract period). The contractor shall also furnish requisite insurance cover mentioned in clause 13 along with such claim. The advance can be claimed in not more than three installments. Clause Reference with respect to section 3 iii. Secured advance for nonperishable materials brought to site 75% of Invoice value. 35. Repayment of advance payments for mobilization: Clause Reference with respect to section 3 36. Repayment of secured advance: 37. The Securities shall be for the following minimum amounts equivalent as a percentage of the Contract Price: Performance Security for 5 per cent of contract price plus Rs . ............ (to be decided after evaluation of the bid) as additional security in terms of ITB Clause 29.5. The standard form of Performance Security acceptable to the Employer shall be an unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding Documents. [Cl. 52]


42. The percentage to apply to the value of the work not completed representing the Employer'sadditional cost for completing the Works shall be20percent[3 Cl.


VOLUME II SECTION 5 : TECHNICAL SPECIFICATIONS 1. Preamble 2. PART - I: General Technical Specifications 3. PART - II: Supplementary Technical Specifications 4. Additional Technical Specifications 5. PART - III: Specifications for Electrical & Building Works __________________________________________________________________ SECTION 5 1.0 PREAMBLE 1.1 The Technical Specifications contained herein shall be read in conjunction with the other Bidding Documents as specified in Volume-1. 1.2 SITE INFORMATION 1.2.1 The information given in good faith .. .. the Contractor shall satisfy himself regarding all aspects of site conditions no claim . . the information by Employer is erroneous. 1.2.3 General Climatic Conditions 1.2.4 Seismic Zone The works are located in Seismic Zone II as defined in IRC : 6-1966. 2.1 PART - I: General Technical Specifications The General Technical Specifications shall be the SPECIFICATIONS FOR ROAD AND BRIDGE WORKS (FOURTH REVISION - August 2001, Reprinted - March 2002), issued by the Ministry of Road Transport & Highways, Government of India and published by the Indian Roads Congress (IRC), New Delhi, with a cross reference to relevant Bureau of Indian Standards (BIS) for materials or other aspects not covered by the IRC. 2.2 PART- II: Supplementary Technical Specifications 1.1.5 Additional Technical Specifications 1.1.6 In the absence of any definite . . . Specifications;reference may be made to the latest codes and specifications of IRC and BIS when these are silent, . conform to sound engineering practices as approved by the Engineer Contractor. Scope of Work The Works consist of Construction of Toll Plaza with 5+5 lanes (4+1 each side) (excluding road works and pavement works) a Km.483.600 in Hirebagewadi Village of Dharwad Belgaum Section on NH-4 in the State of Karnataka. The works shall, inter alia, include the following, as specified or as directed: A. Road works B. Miscellaneous PART I GENERAL TECHNICAL SPECIFICATIONS 31

1.0 This part shall comprise the Specification for Road & Bridge Works (Fourth Revision August 2001, Reprinted March 2002), issued by the Ministry of Rod Transport and Highways (MORTH), Government of India, all as deemed to be bound into this document. 1.1 crushed stone . . shall he obtained through the use of crusher / granulator and vibratory screens of suitable capacity as approved by the Engineer. 2.0 Quality Control on Works & Materials Quality control on materials and execution remains responsibility of the contractor. The Engineer will inspect the work as per the requirements of the Handbook of Quality Control for Construction of Roads & Runways (IRC Special Publication No. 11 & Section-900 of MORTH Specifications). 3.0 Surveying & Measuring Equipments Equipments for surveying and measurement of the work shall be procured by the Contractor for site use. The same shall also be made available at site for use by the Engineer for any work connected with the Contract without any Charge. PART Il SUPPLEMENTARY TECHNICAL SPECIFICATION SECTION 100 GENERAL Clause 102 DEFINITIONS . MoRT&H : Ministry of Road Transport. & Highways, Govt. of India NHAI : National Highways Authority of India WBM : Water Bound Macadam WMM : Wet Mix Macadam MDD : Maximum Dry Density (as per IS: 2720-Part 8)

Clause 103 MATERIALS AND TEST STANDARDS 105 SCOPE OF WORK Clause 105.3 Clause 106 CONSTRUCTION EQUIPMENT Adequate standby equipment including spare parts shall be available. Clause 107 CONTRACT DRAWINGS Clause108 SITE INFORMATION Clause 108.4 The Contractor shall identify quarries, borrow areas and other sources of materials required for the work. . . Clause 109 SETTING OUT Setting out of the road alignment and measurement by Total Station. Clause 109.10 Add the following as Clause 109.10:


The Contractor shall provide surveying equipment, surveyors and labourers and shall i. 2 nos. of Precision automatic ii. 2 nos. of Total Stations. iii. Precision staff as required iv. Steel tape 20 m long. 50 m long v. Towed fifth wheel bump indicator Clause 110 PUBLIC UTILITIES Any utility likely to . . to the notice of the Engineer / Employer. CLAUSE 111 PRECAUTIONS FOR SAFEGUARDING THE ENVIRONMENT Clause 111.3 Quarry Operations Clause 111.5 Pollution from Hot-Mix Plants and Batching Plants Clause 111.15 Equipment and Vehicles used for the Works Equipment and vehicles deployed for the construction activities shall not be older than 5 years. Equipment used for road and bridge works shall be based on new technology and must not (NOT) generate noise. Clause 111.20 Control and Disposal of Wastes Clause 111.21 Transport of Hazardous Materials Clause 111.22 Emergency Response Clause 111.23 Measurement Clause 112 ARRANGEMENT FOR TRAFFIC DURING CONSTRUCTION Clause 114 SCOPE OF RATES FOR DIFFERENT ITEMS OF WORK Clause 114.2 Item (ii) shall read as under: A detailed resources based construction programme including resource planning using computerized critical path network method / PERT in a form which facilitates control of the progress of the works and consequences of any changes in terms of time. Clause 115 METHODOLOGY AND SEQUENCE OF WORK The Clause shall read as follows: The Contractor shall submit a methods statement within 28 days after the date of letter of acceptance. The sole responsibility for the safety and adequacy of the methods adopted by the Contractor shall rest on the Contractor irrespective of any approval given by the Engineer. The following Clause shall be added: Clause 115.1 Approval of Proprietary Product / Process / System 33

Only proprietary products proven by International usage in comparable projects shall be permitted to be used. Clause 121 FIELD LABORATORY Clause 121.3 Laboratory Equipment This Clause shall read as under: The following items of laboratory equipment procured from reputed manufacturers duly approved by the Engineer shall be provided in the field laboratory. The equipment and instruments shall be new and shall be quality certified by Bureau of Indian Standards (BIS). It shall include but not be limited to the following: A General B For Soils and Aggregates C For Bitumen and Bituminous Mixes D For Cement, Cement Concrete and Materials Clause 121.4 Ownership This clause shall read as under: Land for the laboratory shall be provided by the Contractor. Clause 121.5 Maintenance The contractor shall arrange to maintain the field laboratory including sample store yards in a satisfactory manner until the issue of Taking over Certificate for the whole work. Maintenance includes all activities described in Clause 120.4 and maintenance of equipment and running of the same including chemicals and consumables. Clause 121.5 Deleted Clause 121.6 Rates The construction, supply, installation, maintenance, and operation including al expenses involved in connection thereto for the field laboratory shall be incidental to the work, and shall not be paid separately. CLAUSE 123 PROVIDING AND MAINTAINING WIRELESS COMMUNICATION SYSTEM Clause 123.6 Rates The Contract unit rate for the supply, commissioning and maintenance of cellular phone system shall cover all the expenses towards the supply of all necessary items and expenses towards operating the system, guarantee for replacement of the phones (which are found defective) during the currency of the Contract and all other incidentals. No separate maintenance charges shall be paid for carrying out periodic servicing and checking of the system, replacement of components, attending to all necessary repair, payment of air-time charges, subscription fees and taxes, if any, and other incidentals to keep the complete system in satisfactory working condition." Clause 124 PROVIDING AND MAINTAINING VEHICLES FOR THE ENGINEER The heading of this Clause shall read as under: 34

PROVIDING AND MAINTAINING VEHIDCLES FOR EMPLOYER/ EMPLOYER'S REPRESENTATIVE AND HIS STAFF Clause 124.1 Scope This Clause shall read as under: "The work covers providing and maintaining vehicles/passenger cars for use by the Employer and his representatives as described under the Bill of Quantities". SECTION 200 SITE CLEARANCE Clause 201 CLEARING AND GRUBBING Clause 201.1 Scope Clause 202 DISMANTLING CULVERTS, BRIDGES AND OTHER STRUCTURES/ PAVEMENTS Clause 202.3 Dismantling Pavements and Other Structures Add at the end of first para as follows: Existing bituminous layer in the specified width shall be removed as per Clause 501.8.3.2 if there is no need to remove granular layers. Clause 202.5 Disposal of Materials The first para shall be read as: All materials obtained from dismantling / milling shall be the property of the Contractor for which rebate shall be admissible according to respective BoQ item. The Contractor shall be free to use this material in work as indicated below, or may sell / dispose the material as deemed fit by him except existing pavement crust which shall be reused: The Contractor shall be free to use dismantled / milled material, either as is where is basis or, by suitably modifying the material or, by crushing the material or, by breaking the material and screening the same, provided it meets the specifications and is approved by the Engineer. Clause 202.6 Measurements for Payment Clause 202.7 Rates Add at the end of this Clause: The contract unit rates for various items of rebate shall be on the full quantities obtained from dismantling taking into account all the operations for reuse of salvaged materials and disposal of the balance material within all lead and lifts.

SECTION 300 EARTHWORK, EROSION CONTROL AND DRAINAGE Clause 301 EXCAVATION FOR ROADWAY AND DRAINS Clause 301.1 Scope Insert the following between the words roadway and side drains in the second line: road shoulders, verge, medians, channel training at culvert / bridges. Clause 301.2.1 Classification Add para (f) as under: Hard Rock (controlled blasting) Hard rock requiring blasting as described under (c) but where full scale blasting is prohibited for any reason and excavation has to be carried out by less quantity of 35

explosive placed at pre-determined critical locations so that maximum returns can be had. Clause 301.6 Preparation of Cut Formation Second para shall be read as under: In rocky formation, the rock shall be cut 100 mm below the specified elevation of base of WMM and the surface irregularities shall be corrected. The gap between rock cut and base of WMM shall be filled with 100 mm thick granular sub base as per grading I of Table 400-1 of Clause 401. The unsuitable material shall be disposed of in accordance with Clause 301.3.11. Clause 301.8 Measurement for Payment Fourth para shall read as follows: Work involved in excavation for roadway and drains shall be measured in unit indicated below: (i) Excavation in all classes of soil in non-mountainous terrain cum (ii) Excavation in ordinary rock in non-mountainous terrain cum (iii) Excavation in hard rock with blasting cum (iv) Excavation in hard rock without blasting cum (v) Excavation in hard rock with Controlled blasting cum (vi) Excavation in all classes of soil in mountainous terrain cum (vii) Excavation in ordinary rock in mountainous terrain cum (viii) Preparation of rocky subgarde sq.m. (ix) Stripping, storing and reapplication of top soil cum (x) Disposal of surplus material beyond initial 1000m lead Beyond initial lead but upto 5 km 5 km- 10 km beyond 10 km cum ...cum Compaction Requirements of Embankment and Subgrade Para 8 given below the Table 300-2 shall read as under: The Contractor shall at least 21 working days before commencement of construction of embankment and the subgrade, submit the following to the Engineer for approval: i. Values of maximum dry density and optimum moisture content obtained in accordance with IS:2720 (Part 8) for each fill material proposed to be used in the construction of embankment and subgrade; ii. Graphs of Density versus moisture content through which values of maximum dry density and optimum content determined and given in (i) above; iii. Dry density-moisture content-CBR relationships based on heavy compactive efforts conforming to IS:2770 (Part 8) for each fill material proposed to be used in the subgrade. The compaction shall be carried out on approved dry density-moisture relationship. 36

Clause 306 SOIL EROSION AND SEDIMENTATION CONTROL Clause 306.4 Measurement for payment Substitute Clause 306.4 as follows: All temporary sedimentation and pollution control works shall be deemed as incidental to the earthwork and other items of work and as such no separate payment shall be made for the same. SECTION 400 SUB-BASES, BASES (NON-BITUMINOUS) AND SHOULDERS Clause 401 GRANULAR SUB BASE Clause 401.1 Scope Add the following at the end of this Clause: A site trial shall be performed in accordance with Clause 901.16. Clause 401.2 Materials Clause 401.2.1 First para of this Clause shall read as under: The material to be used for the work shall be a mix consisting of crushed stone aggregate, natural sand, gravel in the required proportion depending upon the grading of each fraction so as to result in the mix grading confirming to Grading I or Grading II given in Table 400-1.The mix shall be prepared mechanically under control conditions. Use of moorum for GSB, either alone or in combination with other type of material, shall NOT be allowed. The material shall be free from organic or other deleterious constituents. Table 400-1A IS Sieve Designation Percent by weight passing the IS sieve Grading -I 2.36 mm 10-15 0.85 mm 4-10 0.425 mm Less than 3 Clause 406 WET MIX MACADAM SUB-BASE / BASE Clause 406.2.1.1 Physical Requirements Clause 406.3.3 Preparation of Mix The first para shall be read as follows: Wet mix macadam shall be prepared in an approved Wet Mix Macadam mixing plant of 200 ton / hr capacity having provision for controlled addition of water and forced /positive mixing arrangement. Clause 406.3.4 Spreading of Mix Clause 406.3.5 Compaction Delete second sentence of first para. Clause 406.4 Opening to Traffic The Clause shall be read as follows: 37

No vehicular traffic of any kind shall be allowed on the finished WMM surface. Clause 409.5 Rates Substitute second sentence with Cost of providing cement concrete (plain / RCC) in covered drain shall be paid in respective items of BoQ. SECTION 500 BASE AND SURFACE COURSES (BITUMINOUS) Clause 501 GENERAL REQUIREMENTS FOR BITUMINOUS PAVEMENT LAYERS Clause 501.2 Materials Clause 502 PRIME COAT OVER GRANULAR BASE Clause 502.2.3 Choice of Primer This Clause shall read as under: The prime coat used for prime coat shall be slow setting type bitumen emulsion complying with IS:8887 and CSS-I Grade conforming to ASTM D 2397 / AASHTO M 140, and shall be refinery produced. Clause 503 TACK COAT Clause 503.2 Materials This Clause shall read as under: The binder used for tack coat shall be rapid setting type bitumen emulsion complying with IS:8887 and CRS-I Grade conforming to ASTM D 2397 / AASHTO M 140, and shall be refinery produced. Clause 504 BITUMINOUS MACADAM Clause 504.2.1 Bitumen This Clause shall read as under: The binder shall be paving bitumen of Penetration Grade S 65 complying with IS:73. Add the following sentence at the end of this clause: The wax content in bitumen shall not exceed 4.5%. Clause 507 DENSE GRADED BITUMINOUS MACADAM Clause 507.2.1 Bitumen Delete words indicated in Table 500-10 and insert grade of S 65 in third and fourth lines. Add the following sentence at the end of the Clause: The wax content in bitumen shall not exceed 4.5%. Clause 507.2.2 Coarse Aggregates Delete the words crushed gravel or other hard material from the first sentence of first para. Substitute second para with the following: The constituents of the aggregates shall be produced by integrated crushing and screening plant (impact or cone type crusher of capacity 200 ton / hr) and, unless


otherwise instructed by the Engineer, crushing shall be carried out in at least two stages. Clause 516 SLURRY SEAL Clause 516.1 Scope This Clause shall read as under; The work shall consist of mixing emulsified bitumen, well-graded fine aggregates (with mineral filler) and water, spreading the mixture and rolling on a pavement surfacing as 3 mm thick surface treatment. The work shall also include the removal of all loose bituminous materials and refilling the same treating as pothole repair and filling wide gaps more than 12 mm wide as per Clause 3004.2. Clause 516.2 Materials Clause 516.2.1 Emulsified bitumen Delete last two sentences beginning with If approved by the Engineer. Clause 516.4.2 Surface Preparation Delete first para. SECTION 600 CONCRETE PAVEMENT Clause 601 DRY LEAN CEMENT CONCRETE SUB-BASE Clause 602 CEMENT CONCRETE PAVEMENT SECTION 800 TRAFFIC SIGNS, MARKINGS APPURTENANCES CLAUSE 801 TRAFFIC SIGNS CLAUSE 802 OVERHEAD SIGNS CLAUSE 803 ROAD MARKINGS Clause 803.2 Materials This clause shall read as under: Road markings shall be hot applied thermoplastic compound and the material shall meet the requirements as specified in Clause 803.4. The road markings shall be laid in one layer with appropriate road marking machine approved by the Engineer. Before the road-marking machine is used on the permanent works, the satisfactory working of machine shall be demonstrated on a suitable site, which is not part of the permanent works. The rate of application shall be checked and adjusted as necessary before application on a large scale is commenced, and thereafter daily. CLAUSE 804 CLAUSE 805 ROAD DELINEATORS CLAUSE 806 BOUNDARY STONES CLAUSE 808 TUBULAR STEEL RAILING Clause 808.2 This Clause shall read as follows: & OTHER ROAD


a) End posts made out of ISA 50 mm x 50 mm x 5 mm and base plate of MS flat 100 mm x 5 mm placed at every 1.5 m center to center. b) MS frame made out of ISA 50 mm x 50 mm x 5 mm of size 1.5m x 0.98m. c) 20 mm dia MS bars to form vertical stiffeners at a spacing of 125 mm center to center. d) Entry gates if any shall be made with material of end posts. e) All posts, stiffeners and accessories shall be painted with two coats of enamel paints confirming to relevant IS Specifications. CLAUSE 809 CONCRETE CRASH BARRIER CLAUSE 810 METAL BEAM CRASH BARRIER SECTION 900 QUALITY CONTROL FOR ROAD WORKS Clause 903 QUALITY CONTROL TESTS DURING CONSTRUCTION Clause 903.3 Tests on Sub-bases and Bases (excluding bitumen bound bases) Clause 903.3.1 Acceptance Criteria In Table 900-3, replace the following against Serial Nos 1 and 4: Type of Construction Test Frequency (minimum) 1. Granular (iv) Density of compacted layer One test per 1000 m2 2. Wet Mix (v) Density of compacted layer One test per 1000 m2 3. Riding Quality Test: Roughness measured longitudinally The finished bituminous concrete (BC) shall be tested for riding quality (immediately before allowing traffic) by measuring roughness, longitudinally, separately for each lane with the Calibrated Towed Fifth Wheel Bump Integrator. Calibration of Bump Integrator device shall be carried out using the procedure recommended in the World Bank Technical Publication No. 46. The measured roughness shall not exceed a value of 2001 mm / km for finished BC layer. Completed layer of BC having roughness in excess of the value 2000 mm / km shall be paid in accordance with the Deduction Formulae as specified below: SECTION 1000 MATERIALS FOR STRUCTURES Clause 1002 SOURCES OF MATERIALS Clause 1006 CEMENT Add the following at the end of list of types of cements: Portland Blast Furnace Cement (site blending of blast furnace shall not be permitted) IS:455 Low heat Portland Cement IS:12600 Clause 1007 COARSE AGGREGATES Clause 1008 SAND / FINE AGGREGATES Clause 1009 STEEL Clause 1009.2 Steel for Prestressing Add (e) to the list of codes to which acceptable prestressing steel shall conform: 40

(e) Stress relieved low relaxation seven-ply strand for prestressed concrete - IS: 14268 Clause 1009.3 Reinforcement / Untensioned steel In the Table 1000.3, replace IS : 1786 High Yield Strength Deformed Bars (HYSD) with IS:1786 Thermo Mechanically Treated (TMT) deformed bars. Any other reference to HYSD bars in the specifications shall be read as TMT bars. A. General B. Storing a) Shelf life; b) Maximum & minimum allowable temperature; c) Other instructions (e.g. requirements of stirring); C. Dosage Workmanship SECTION 1500 FORMWORK Clause 1501 DESCRIPTION Clause 1502 MATERIALS Clause 1503 DESIGN OF FORMWORK Clause 1503.2 The following shall be added to this Clause: For distribution of load and load transfer to the ground through staging, an appropriately designed base plate must be provided which shall rest on firm substratum. The loading from the form work shall be distributed to the soil or the permanent works below (e.g. pile cap) in such a manner that any total or differential settlements are within acceptable limits. Subsoil characteristics shall be taken into account while designing the staging to avoid untoward failures. All the pipes etc. used for staging shall be free from kinks, bends etc. Class U1 finish This is the screeded finish used on surfaces over which other finishes such as wearing coats etc., are to be placed. It is also the first step in the formation of U2 and U3 finishes. The finishing operation consists of levelling and screeding the concrete to produce an even and uniform surface so that the gradual irregularities are not greater than 5 mm. Surplus concrete should be removed immediately after consolidation by striking it off with a sawing motion of a straight edge or template across a wooden or metal strip that has been set as a guide. Unless the drawings specify a horizontal surface or show the slope required the tops of narrow surfaces, such as stair treads, walls, curbs and parapets shall be sloped approximately 10 mm per 300 mm width. Surfaces to be covered with concrete topping, terrazzo and similar surfaces shall be smooth screeded and levelled to produce even surfaces, irregularities not exceeding 5 mm. Class U2 Finish 41

Clause 1506 PRECAUTIONS Clause 1508 REMOVAL OF FORMWORK Clause 1509 RE-USE OF FORMWORK Clause 1510 SPECIALIZED FORMWORK Replace the words slip-form work by climbing formwork in the first sentence of this Clause. The first sentence of second para of this Clause shall read as follows: Slip-forming is not permitted. Replace the word plywood by marine plywood in the fourth para of this Clause. Clause 1606 BAR SPLICES Clause 1606.2 WELDING Clause 1606.2.1 Add the following at the end of the para: In prestressed concrete members, when welding of untensioned reinforcement is permitted by the Engineer, it shall be carried out before insertion of the prestressing tendons / sheathing. Clause 1607 TESTING AND ACCEPTANCE SECTION 1700 STRUCTURAL CONCRETE SECTION 2700 WEARING COAT AND APPURTENANCES Clause 2702 WEARING COAT Clause 2702.1.1Replace under item i) 6 mm with 12 mm. Clause 2703 RAILINGS Clause 2704 APPROACH SLAB Clause 2706 WEEP HOLE SECTION 2800 REPAIR OF STRUCTURES Clause 2809 DISMANTLING OF CONCRETE WEARING COAT This clause shall be renamed as follows: Dismantling of Existing Wearing Coat, Expansion Joints and Drainage Spouts Clause 2809.1 Add the following at the end of this Clause: The existing wearing coat, concrete as well as bituminous overlay, shall be removed for the entire length including approach slab for bridges.

Mixing PMC Methods of Mortar mixing Mechanical Strength of Mortar Anti-corrosive polymer modified mortar shall have the following: 7day 28 days Compressive strength 18 N / mm2 38 N / mm2 Flexural strength (IS 5816 1959) - 10 N / mm2 Split tensile strength (IS 5816 1959) - 6 N / mm2


Clause 2819 INSPECTION AND CLEANING OF BRIDGE BEARINGS AND GREASING OF STEEL ROCKER-ROLLER / PLATE BEARINGS AND REMOVAL OF ALL DEBRIS AROUND BEARINGS Clause 2820 The existing clause 2811 of the Specifications shall be renumbered as 2820. Clause 2821 The existing clause 2812 of the Specifications shall be renumbered as 2821. SECTION 2900 PIPE CULVERTS Clause 3003 MAINTENANCE OF EARTHEN SHOULDER Clause 3003.3 Construction Procedure Replace 94 with 98 in sixth line of second para. Clause 3003.4 Measurement for Payment This Clause shall be deleted. Clause 3003.5 Rate This Clause shall be read as under: The contract unit rate for maintenance of road shall be inclusive of this item of work. Clause 3004.2.1Scope Add at the end of this Clause as under: The minimum area and depth for a pothole shall be 25 and 1 cm respectively. The areas to be patched / repaired shall be located by the Engineer. Pot hole or patching area shall be cut / trimmed either with jack hammer or hand tools like chisels, pick-axes etc., such that the areas are in the shape of rectangles or squares. ADDITIONAL TECHNICAL SPECIFICATIONS A-1 CURING USING LIQUID MEMBRANE FORMING COMPOUND A-1.1.1 Curing Compound A-2 PLANTATION OF TREES AND LOW HEIGHT SHRUBS A-2.1 Scope The work shall consist of: a. Plantation of tress on roadside or other designated locations. b. Planting of saplings in median. c. Planting of low height shrubs within median area. A-3 UTILITY DUCTS A-3.1 Scope The work shall consist of providing and laying P.C.C. Utility Ducts in accordance with the requirements of these specifications with RCC manhole at either end of duct and PVC pipe. A-4 REFLECTIVE PAVEMENT MARKERS (ROAD STUDS)


A-4.3 Material Plastic body of RPM / road stud shall be moulded from ASA (Acrylic Styrene Acrylonitrite) or HIPS (High- Impact Polystyrene) or ABS or any other suitable material approved by the Engineer. The marker shall support a load of 13635 kg tested in accordance with ASTM D4280. Reflective panels shall consist of number of lenses containing single or duel prismatic cube capable of providing total internal reflection of the light entering the lens face. Lenses shall be moulded of methyl methecrylate conforming to ASTM 0788 or equivalent. A-4.5 Optical performance A-4.5.1 Unidirectional Each reflector or combination of reflectors on each face of the stud shall have a CIL not less than that given in table below: Entrance angle Observation angle CIL in mcd / Ix for white U 5o L&R 0.3o 220 U 10o L&R 0.5o 120 Note:- The entrance angle of 0o U corresponds to the normal aspects of the reflectors when the reflecting road stud is installed in horizontal road surface. A-5 USER FEE PLAZA COMPRISING USER FEE COLLECTION BOOTHS AND GENERATOR ROOM AND OTHER ANCILLARY STRUCTURES A-5.1 Scope The Contractor shall arrange to provide fully furnished user fee plaza comprising user fee collection booths, electric power room, sewerage facility, and toll office as shown in drawings. The Work includes providing electric supply, all electrical items like lights, fans and complete wiring; tank, sewer lines drains, boundary wall, internal surfaced / concrete roads, parking lots, lawns etc. complete as shown in the drawings. The Contractor shall provide the accommodation including its all services, fittings and complete furnishings. The Contractor shall provide detailed design and working drawings, layout of internal and external services, site development including parking and details of furnishing at least 60 days before the scheduled execution. A-5.2 Ownership After completion of the construction, the user fee collection booths and user fee office building(s) with all services, furniture and fittings shall be the property of the Employer. The land for the toll booths and toll office building shall be provided by the Employer free of cost and the location shall be as indicated in the drawings. A-7 DRINKING WATER KIOSK A-7.1 Scope This work consists of providing drinking water kiosk at the locations approved by the Engineer. A-7.2 General Requirement Drinking water kiosks at the locations approved by the Engineer shall have a minimum of 4 taps of push-button type. The drinking water kiosks shall be easily 44

accessible to children and handicapped people. The water kiosks shall be properly segregated and shall be at least 3 m away from the toilet blocks, if any. Water supply shall be through existing water pipe line. In absence of this, provisions for ground water extraction shall be made. Water storage in the drinking water kiosks shall be as per the National Building Code (NBC), subject to a minimum of 200 litres. At least 2.0 sq.m. area around the drinking water kiosks shall be paved with concrete blocks with adequate cross slopes and drainage to ensure speedy disposal of split water. These shall be constructed in M 20 grade of reinforced cement concrete as per Section 1700. Concrete block paving shall be carried out as per Clause 409. A-8 PUBLIC TOILETS A-8.1 Scope This work consists of providing public toilet blocks at the locations approved by the Engineer. A-8.2 General Requirement Requisite number of urinals and water closet (WC) supported by adequate water supply and sewerage facilities and appurtenances as per the NBC shall be provided at the locations approved by the Engineer subject to minimum of 1 WC and 3 urinals. Number of urinals and WC will be as per the NBC. The entrance of ladies toilet shall be clearly marked and segregated from the mens toilet. At least 2.0 sqm wide area around the toilet blocks shall be paved with adequate cross slopes and drainage to ensure speedy disposal of water. Arrangement for sewerage disposal shall be provided. These shall be constructed in brick masonry in cement mortar 1:4 as per Section 1300. Concrete block paving shall be carried out as per Clause 409. A-9 HIGH MAST LIGHTING A-9.2 General Requirement The layout of masts, their height and spacing shall be fixed in consultation with the Engineer so that the minimum illumination level of 20 lux at the road level is achieved. The lighting system comprises of 30m high hot dip galvanised mast designed to withstand forces exerted with wind speeds of 180 km per hour with 3 second gust, as per IS:875 (Part 3)-1978, fitted with a base flange, door at the base of mast with heavy duty internal lock, lantern carriage, suitable winching arrangement for safe working load of 750 kg and high powered electrically driven power tools for raising and lowering of lantern carriage, flexible 8 core electric cable, lightening conductor, earthing terminal, and fixing 2 nos aviation obstruction lights on top of the mast. The lamp shall be sodium vapour of 1000 W. Generator Supply of COMPLETE Diesel Generating Set factory assembled, pre-aligned and pre-tested incorporating: A. Engine KIRLOSKAR / ASHOK LEYLAND make diesel engine Water cooled rated at 1500 rpm as per BS 5514, with all standard accessories as follows : 45

Radiator with tan (for water cooled set) Flywheel to suit flexible coupling with starter ring Mico fuel pump with mech. Governor Oil bath type air cleaner Exhaust silencer Lub oil filter Fuel oil filter 12V / 24V electric starting system Battery charging alternator Engine control panel consisting of ON / OFF START Key Lub oil pressure gauge Water temperature gauge (on water cooled engine only) Ammeter battery charging B. Alternator KIRLOSKAR / CROMPTON make alternator, suitable for continuous operation rated at 1500 rpm 415 V, 0.8 PF, 50Hz, 3Ph in SPDP enclosure, self-exited and self-regulated, floor mounted with Ball or bearings on end shields. The alternator conforms to IS:4722/BS/2613 and will be suitable for tropical condition. C. Electrical Control Panel
Annex -A


WHEREAS,______________________[Name of Bidder] (hereinafter called the Bidder) bid dated_____________________________________[date] for the construction of ________________________________________________[name of Contract] (hereinafter called the Bid). KNOW ALL PEOPLE by these presents that we _____________[nameof bank] of __________(name of country) having our registered office at ________ (hereinafter called the Bank) are bound unto _______________[name of Employer] (hereinafter called the Employer) in the sum of _____________ for which payment well and truly to be made to the said Employer the Bank binds itself, his successors and assigns bythese presents. SEALED with the Common Seal of the said Bank this ______day of_________19______ THE CONDITIONS of this obligations are: (1) If after Bid opening the Bidder withdraws his Bid during the period of bid validity specified in the Form of Bid; or (2) If the Bidder having been notified of the acceptance of his Bid by the Employer during the period of bid validity: (a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or


(b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to Bidders, or (c) does not accept the correction of the Bid Price pursuant to Clause 27; We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of one or any of the three conditions, specifying the occurred condition or conditions. 2 This Guarantee will remain in force up to and including the date_________ days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE____________________ SIGNATURE OF THE BANK_______________________ WITNESS______________________________SEAL_______________________ _____ [Signature, name and address] 1. The Bidder should insert the amount of the guarantee in words and figures denominated in Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instructions to Bidders. 2. 28 days after the end of the validity period of the Bid. Date should be inserted by the Employer before the Bidding documents are issued.


To: ____________________________________ [name of Employer] ____________________________________ [address of Employer] WHEREAS______________________________________[name and address of Contractor] (hereinafter called the Contractor) has undertaken, in pursuance of Contract ______________________ No._________ dated_____________ to execute_________________________________[name of Contract and brief description of Works] (hereinafter called the Contract). AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; 47

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of___________________________ 1_____________ [amount of guarantee] _____________________________[In words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand, and without cavil or argument, any sum or sums within the limits1of____________________________[amount of guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability Period. Signature and seal of the guarantor__________________________________ Name of Bank___________________________________________________ Address________________________________________________________ Date___________________________________________________________ An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract and denominated in Indian Rupees.


To: ____________________________________ [name of Employer] ____________________________________ [address of Employer] ____________________________________ [name of Contract] Gentlemen: In accordance with the provisions of the Conditions of Contract, Sub-clause 51.1 (Advance Payment) of the above mentioned Contract, _____________[name and address of Contractor] (hereinafter called the Contractor) shall deposit with______________________[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of 1_____________________[amount of guarantee] ____________________[in words]. 48

We, the_______________________ [bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to________________[name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding ________________[amount of guarantee]1 ___________[in words]. We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed thereunder or of any of the Contract documents which may be made between ______________________[name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. The guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until____________________[name of Employer] receives full repayment of the same amount from the Contractor. Yours truly, Signature and seal:___________________________________ Name of Bank/Financial Institution:_______________________ Address:______________________________ Date:_____________

1. An amount shall be inserted by the bank or financial institution representing the amount of the Advance Payment, and denominated in Indian Rupees.


THIS AGREEMENT, made and entered into this ...Day of 19 .... Between .......... (the Employer) and ..................................... (the Contractor), and the Disputes Review Board (the Board) consisting of One/three Board Members, - - - - - - - - - - - - - - - - - (1) (2) (30) [ Note : Delete whatever is not applicable ] WITNESSETH, that WHEREAS, the Employer and the Contractor have contracted for the construction of the (Project name) (the Contract) and WHEREAS, the contract provides for the establishment and operation of the Board NOW THEREFORE, the parties hereto agree as follows : 1. The parties agree to the establishment and operation of the Board in accordance with this Board Agreement.


2. Except for providing the services required hereunder, the Board Members should not give any advice to either party or to the Nodal Officer or his nominee concerning conduct of the Works. The Board Members : (a) shall have no financial interest in any party to the contract or the Nodal Officer or his nominee, or a financial interest in the contract, except for payment for services on the Board. (b) shall have had no previous employment by, or financial ties to, any party to the contract, or the Nodal Officer or his nominee, except for fee based consulting services on other projects, all of which must be disclosed prior to appointment to the Board. (c) shall have disclosed in writing to the parties prior to signature of this Agreement any and all recent or close professional or personal or personal relationships with any director, officer, or employee of any party to the contract, or the Nodal Officer or his nominee, and any and all prior involvement in the project to which the contract relates; (d) shall not, while a Board Member, be employed whether as a consultant or otherwise by either party to the contract, or the Nodal Officer or his nominee, except as a Board Member. (e) shall not, while a Board Member, engage in discussion or make any agreement with any party to the contract, or with the Nodal Officer or his nominee, regarding employment whether as a consultant or otherwise either after the contract is completed or after services as a Board Member is completed; (f) shall be and remain impartial and independent of the parties and shall disclose in writing to the Employer, the Contractor, the Nodal Officer or his nominee, and one another any fact or circumstances which might be such to cause either the Employer or the Contractor to question the continued existence of the impartiality and independence required of Board Members. 3. Except for its participation in the Boards activities as provided in the contract and in this Agreement none of the Employer, the Contractor, the Nodal Officer or his nominee, and one another any fact or circumstances which might be such to cause either the Employer or the Contractor to question the continued existence of the impartiality and independence required of Board Members. 4. The Contractor shall : a) furnish to each Board Members one copy of all documents which the Board may request including contract documents, progress reports, variation orders, and other documents, pertinent to the performance of the Contract. b) in co-operation with the Employer, co-ordinate the Site visits of the Board, including conference facilities, and secretarial and copying services. 5. The Board shall serve throughout the operation of the contract. It shall begin operation following execution of this Agreement, and shall terminate its activities after issuance of the taking over Certificate and the Boards issuance of its Recommendations on all disputes referred to it. 6. Board Member, shall not assign or subcontract any of their work under this Agreement. 7. The Board Members are independent and not employees or agents of either the Employer or the Contractor. 8. The Board Members are absolved of any personal or professional liability arising from the activities and the Recommendations of the Board.


9. Fees and expenses of the Board Member[s] shall be agreed to and shared equally by the Employer and the Contractor. If the Board requires special services, such asaccounting, data research, and the like, both parties must agree and the costs shall be shared by them as mutually agreed. 10. Board Site visits : a) The Board shall visit the Site and meet with representatives of the Employer and the Contractor and the Nodal Officer or his nominee at regular intervals, at times of critical construction events, and at the written request of either party. The timing of Site failing agreement shall be fixed by the Board. b) Site meetings shall consist of an informal discussion of the status of the construction of the works followed by an inspection of the works, both attended by personnel from the Employer, the Contractor and the Nodal Officer or his nominee. c) If requested by either party or the Board, the Employer will prepare minutes of the meetings and circulate them for comments of the parties and the Nodal Officer or his nominee. 11. Procedure for disputes referred to the Board : a) If either party objects to any action or inaction of the other party or the Nodal Officer or his nominee, the objecting party may file a written Notice of Dispute to the other party with a copy to the Nodal Officer or his nominee stating that it is given pursuant to Clause 65 and stating clearly and in detail the basis of the dispute. b) The party receiving the Notice of Dispute will consider it and respond in writing within 7 days after receipt. c) This response shall be final and conclusive on the subject, unless a written appeal to the response is filed with the responding party within 7 days of receiving the response. Both parties are encouraged to pursue the matter further to attempt to settle the dispute. When it appears that the dispute cannot be resolved without the assistance of the Board either party may refer the dispute to the Board by written Request for Recommendation to the Board, the other party and the Nodal Officer or his nominee stating that it is made pursuant to Clause d)The Request for recommendation shall state clearly and in full detail the specific issues of the dispute to be considered by the Board. e) When a dispute is referred to the Board, and the Board is satisfied that the dispute requires the Boards assistance, the Board shall decide when to conduct a hearing on the dispute. The Board may request that written documentation and arguments from both parties be submitted to each Board Members before the hearing begins. The parties shall submit insofar as possible agreed statements of the relevant facts. f) During the hearing, the Contractor, the Employer, and the Nodal Officer or his nominee shall each have ample opportunity to be heard and to offer evidence. The Boards Recommendations for resolution of the dispute will be given in writing, to the Employer, the Contractor and the Nodal Officer or his nominee as soon as possible, and in any event not more than 28 days after the Boards final hearing on the dispute. 12. Conduct of Hearings : a) Normally hearing will be conducted at the Site, but any location that would be more convenient and still provide all required facilities and access to necessary documentation may be utilised by the Board. Private sessions of the Board may be held at any location convenient to the Board. 51

b) The Employer, the Nodal Officer or his nominee and the Contractor shall have representatives at all hearings. c) During the hearings, no Board Member shall express any opinion concerning the merit of any facet of the case. d) After the hearing are concluded, the Board shall meet privately to formulate its Recommendations. All Board deliberations shall be conducted in private, with all individual views kept strictly confidential. The Boards Recommendations, together with an explanation of its reasoning shall be submitted in writing to both parties and to the Nodal Officer or his nominee. The Recommendations shall be based on the pertinent contract provisions, applicable laws and regulations, and the facts and circumstances involved in the dispute. The Board shall make every effort to reach a unanimous Recommendation. If this proves impossible, the majority shall decide, and the dessenting member any prepare a written minority report for submission to both parties. [Note : Delete if it is one member Board] 13. If during the contract period, the Employer and the Contractor are of the opinion that the Dispute Review Board is not performing its functions properly, the Employer and the Contractor may together disband the Disputes Review Board. In such an event,the disputes shall referred to Arbitration straightaway. The Employer and the Contractor shall jointly sign a notice specifying that the Board shall stand disbanded with effect from the date specified in the notice. The noticeshall be posted by a registered letter with AD or delivery of the letter, even if he refuses to do so.