Sl. Clause No.

Query Reply/clarification
1 Cl. 4.1.5 of Notwithstanding anything to the contrary contained in this No change
EPC Agreement, the Parties expressly agree that the aggregate Damages As per Draft Contract Agreement
Agreement payable under Clauses 4.1.4, 8.3 and 9.2 shall not exceed 1% (one
per cent) of the Contract Price. Request to remove any capping for
claiming damages as nature and severity of damages cannot be
envisaged at this stage.
2 Cl. 7.4 of Release of Performance Security The Authority shall return the No change
EPC Performance Security to the Contractor within 60 (sixty) days of the As per Draft Contract Agreement
Agreement later of the expiry of the Maintenance Period or the Defects Liability
Period under this Agreement. Notwithstanding the aforesaid, the
Parties agree that the Authority shall not be obliged to release the
Performance Security until all Defects identified during the Defects
Liability Period have been rectified. Kindly release the
performance security after the completion of the Project.
3 Cl. 7.5.1 of From every payment for Works due to the Contractor in accordance No change
EPC with the provisions of Clause 19.5, the Authority shall deduct 6% As per Draft Contract Agreement
Agreement (six per cent) thereof as guarantee money for performance of the
obligations of the Contractor during the Construction Period (the
“Retention Money") subject to the condition that the exceed 5%
(five per cent) of the Contract Price. Requested to deduct only
2.5% from every payment for works during the Construction
Period to ease on cash flow to contractor for timely execution
of the project.
4 Cl. 9.2 of In the event of any delay in such shifting by the entity owning the No change
EPC utility beyond a period of 180 (one hundred and eighty) days from As per Draft Contract Agreement
Agreement the date of notice by the Contractor to the entity owning the utility
and to the Employer, the Contractor shall be entitled to Damages in
a sum calculated in accordance with the formula specified in Clause
8.3.1 for the period of delay, and to Time Extension in accordance
with Clause 10.5 for and in respect of the parte(s) of the Works
 affected by such delay; provided that if the delays involve any time
overlaps, the overlaps shall not be additive. Request to reduce the
delay caused by entity owning the utility from 180 days to 30
days.
5 Cl. 9.3.4 of In the event the construction of any Works is affected by a new No change
EPC utility or work undertaken in accordance with this Clause9.3, the As per Draft Contract Agreement
Agreement Contractor shall be entitled to a reasonable Time Extension as
determined by the Employer's Engineer. Requested to modify the
clause as the Contractor shall be entitled to a reasonable Time
Extension and related costs as fairly determined by the
Employer's Engineer
6 Cl. 10.1.2 of The Authority shall, within 15 days of the date of this Agreement, No change
EPC appoint an engineer (the "Authority's Engineer") to discharge the As per Draft Contract Agreement
Agreement functions and duties specified in this Agreement, and shall notify to
the Contractor the name, address and the date of appointment of the
Authority's Engineer forthwith. Extension of time and cost
compensation arising out of such delays
7 Cl. 10.2.5 of Any cost or delay in construction arising from review by the No change
EPC Employer's Engineer shall be borne by the Contractor. Requested As per Draft Contract Agreement
Agreement to remove this condition.
8 Cl. 19.2.2 of The Contractor may apply to the Employer for the first installment No change
EPC of the Advance Payment at any time after the Appointed Date, along As per Draft Contract Agreement
Agreement with an irrevocable and unconditional guarantee from Bank for an
amount equivalent to 110% of such installment, substantially in the
form provided at Annex-lll of Schedule-G, to remain effective till the
complete and full repayment thereof. Request to reduce the bank
guarantee for an amount equivalent to 100%
9 Cl. 19.7.4 of The Employer shall pay to the Contractor every quarter any amount No change
EPC due under any IPC under this Clause 19.7. The payment shall be As per Draft Contract Agreement
Agreement made no later than 30 days from the date of submission of the last
IPC for the relevant quarter. Requested to release Maintenance
 payment on monthly basis in line with Clause 19.4 and 19.5
10 Cl. 28.1 of ‘’Change in Law" means the occurrence of any of the following after No change
EPC the Base Date: As per Draft Contract Agreement
Agreement (a) the enactment of any new Indian law;
(b) the repeal, modification or re-enactment of any existing Indian
law;
(c) the commencement of any Indian law which has not entered Into
effect until the Base Date;
(d) a change in the interpretation or application of any Indian law by
a judgement of a court of record which has become final, conclusive
and binding, as compared to such Interpretation or application by a
court of record prior to the Base Date.
Bidder understands that any introduction of new and / or
change in the existing structure of any applicable Taxes and I or
royalties that have a direct effect on the Project shall be dealt
under the relevant categories as stated under the Change in
law.
11 General Right of Way The ROW@ 92% length shall be provided on
or before appointed date as per Article 8.2.3
of Draft Contract Agreement and balance
length shall be provided Within 150 days from
appointed date
12 Table 1.3.4 For Toll plaza, stage payment shall be given like Earthwork, No change
of Schedule- Base/sub base, concrete pavement works, Buildings works and As per Draft Contract Agreement
H of Vol-III other structural works instead of Lump sum payment of completed
toll plaza at the end for the smooth cash flow of the EPC contractor.
13 Table 1.3.4 (vii) Roadside plantation As per Schedule-H of Draft Contract
of Schedule- (viii) Protection works Agreement.
H of Vol-III Kindly clarify the description of payment.
14 Schedule-B Typical Cross section mentioned in Schedule B is not matching As per Draft Contract Agreement.
with Drawing TCS chainage.
 Such as- Ch.130.419 to 131.551
15 1.2.1 of Four lane divided Carriageway, Sr. No.6 is missing in the table At 6 nos of location where Four Laning with
Schedule B paved shoulders shall be undertaken.
16 2.8 and 2.11 Service road chainages comes under TCS-II,III, IV whereas it is not As per Draft Contract Agreement.
of Schedule- shown in 2.11 TCS
B

17 2.11 of PQC & DLC Is continued under median portion. PQC & DLC will not be under median.
Schedule-B
18 Schedule C Bus bays mentioned in schedule C is 4+3 = 7 nos. whereas DPR Bus bays as per Schedule-C. 07 nos are to be
report shows 5 nos. provided.
19 Schedule C Toll lanes is not mentioned As per IRC SP 84 2014.
20 7.4 Provide GAD of ROB and its status. Tentative span arrangement has been given
Schedule B in Schedule-B of Draft Contract Agreement.
However, ROB has to be constructed as per
Railways requirment without claiming any
amount under change of scope.
21 2.1 Is FRL mandatory? May contractor change the profile as per manual. Minimum FRL has to be adopted as per plan
Schedule B & profile.
22 7.2 Any new construction of culvert shall be under variation order. As per Draft Contract Agreement.
Schedule B Kindly clarify
23 7.3(ii) GAD of Bridge@ 131.210 is not given. As per Draft Contract Agreement.
Schedule B
24 7.3(i) GAD of Bridge @144.840 & 149.880 is different GAD. Kindly clarify As per Draft Contract Agreement.
Schedule B
25 Annex-II Dates for providing Right of Way The ROW@ 92% length shall be provided on
Schedule A or before appointed date as per Article 8.2.3
of Draft Contract Agreement and balance
length shall be provided Within 150 days from
appointed date
26 2(h) Rest Area Rest area has not been provided in Draft
 Schedule C contract Agreement.
27 General Extension of time No change
As per RFP
28 Cl 2.1.6, Please clarify the above work is located in Tamilnadu whereas DD Yes, Confirmed.
2.11.1(g), for Rs.60,000/- in favour of Reginal Pay and Account officer, MoRTH,
2.11.2(e), Hyderabad payable at Hyderabad.
Sec-2 and
3.1.6.1(h),
Sec-3