Project Construction Details

Date
APPRECIATION DOCUMENT ON
CONSTRUCTION CONTRACT (R0) BETWEEN
NHAI
AND
DESIGN AND CONSTRUCTION OF

ON EPC MODE
INDEX
ARTICLES PAGE NO.
1 DEFINITIONS AND INTERPRETATION
2 SCOPE OF THE PROJECT
3 OBLIGATIONS OF THE CONTRACTOR
4 OBLIGATIONS OF THE AUTHORITY
5 REPRESENTATIONS AND WARRANTIES
6 DISCLAIMER
7 PERFORMANCE SECURITY
8 RIGHT OF WAY
9 UTILITIES AND TREES
10 DESIGN AND CONSTRUCTION OF THE PROJECT HIGHWAY
11 QUALITY ASSURANCE, MONITORING AND SUPERVISION
12 COMPLETION CERTIFICATE
13 CHANGE OF SCOPE
14 MAINTENANCE
15 SUPERVISION AND MONITORING DURING MAINTENANCE
16 TRAFFIC REGULATION
17 DEFECTS LIABILITY
18 AUTHORITY 'S ENGINEER
19 PAYMENTS
20 INSURANCE
21 FORCE MAJEURE
22 SUSPENSION OF CONTRACTOR'S RIGHTS
23 TERMINATION
24 ASSIGNMENT AND CHARGES
25 LIABILITY AND INDEMNITY
26 DISPUTE RESOLUTION
27 MISCELLANEOUS
28 DEFINITIONS
SCHEDULES
A SITE OF THE PROJECT
B DEVELOPMENT OF THE PROJECT EXPRESSWAY
C PROJECT FACILITIES
D SPECIFICATION S AND STANDARDS
E MAINTENANCE REQUIREMENTS
F APPLICABLE PERMITS
G FORM OF GUARANTEES
H CONTRACT PRICE WEIGHTAGES
I DRAWINGS
J PROJECT COMPLETION SCHEDULE
K TESTS ON COMPLETION
L PROVISIONAL/ COMPLETION CERTIFICATE FORMAT
M PAYMENT REDUCTION FOR NON-COMPLIANCE
N SELECTION OF AUTHORITY'S ENGINEER
O FORMS OF PAYMENT STATEMENTS
P FORMS FOR INSURANCE
Brij Gopal Construction Company P.Ltd.
Contract Appreciation Document (CAD)
Date of Review: 27-Feb-19
S. No. Item Unit Description Remarks
A General
A.1 Name of Project
A.1.1 Mode of Execution

A.2 Location of Project
A.3 Project Code
A.4 Client/Authority
A.5 Bidder
A.6 Concessionaire
A.7 Lenders
A.8 EPC Contractor
A.9 Request for Proposal (RFP) No. and Date
A.10 LOA No. and Date

A.11 Concession Agreement No. & Date
A.12.1 Bid Project Cost
A.12.2 Estimated Project Cost ( As per RFP)
A.12.3 1st year O&M Cost
A.13 Concession Period
A.13.1 Construction Period
A.13.2 Operation & Maintenance Period
Authority's Contact Person Name, Address & Contact
A.14
Information
A.14.1 At Head Office
A.14.2 At Site Office
A.15 Name of IE (Independent Engineer)
Contact Information of IE (Name, Address & Contact
A.15.1
Information)
A.15.2 Independent Engineer Agreement date
A.16 Name of Design Consultant
Contact Person of Consultant (Name, Address & Contact

A.16.1
Information)
A.17 Composition of Concessionaire
Contact Person of Concessionaire(Name, Address &
A.17.1
Contact Information)
A.18 Composition of Lenders
Contact Person of Lenders(Name, Address & Contact
A.18.1
Information)
A.19 Composition of EPC Contractor
Contact Person of EPC Contractor (Name, Address &
A.19.1
Contact Information)
B Important Dates
B.1 Date of Bid Submission/ Bid Due Date & Time
B.2 Date of Bid Opening
B.3 Date of LOA

B.4 Date of Concession Agreement
B.5 Actual Start Date of Project
B.6 Appointed Date
B.7 Project Milestone Dates
B.8 Scheduled Completion Date for Construction
B.9 Actual Completion Period for Construction
B.10 O&M Completion Date
B.11 Scheduled Date of Transfer
C Financial & Commercial
C.1 Earnest Money Deposit/ Bid Security
C.2 Performance Guarantee/ Security Deposit

C.2.1 Validity of PBG
C.3 Insurance
C.4 Mobilization Advance
C.4.1 Interest on Mob. Adv.
C.4.2 Recovery of Mob. Adv.
C.5 Plant and Equipment Adv.
C.5.1 Interest on P&E Adv.
C.5.2 Recovery of P&E Adv.
C.6 Material Advance
C.6.1 Interest on Material Advance
C.7 Retention Money
C.7.1 Limit of Retention Money
C.7.2 Replacement of Ret. Money
C.7.3 Refund of Retention Money
C.8 Damages for Delay
C.8.1 Delay in Completion of Project Milestone
C.8.2 Delay in achievement in COD
C.8.3 Delay in fulfilment of condition Precedent
C.9 Bonus on early completion
C.9.1 Limit of Bonus
C.10 Payments/Billing
C.10.1 Minimum Billing amount
C.12 Price Index to be followed
C.12.1 WPI” means the Wholesale Price Index
C.12.2 CPI (IW)” means the Consumer Price Index
C.13 Payment Milestones
C.13 (a) During Construction
C.13.1 Milestone - 1
C.13 (b) During operation & Maintenance
E Major Quantities of Work

Narration: The subject project has been awarded to the contractor vide LOA (XXXXXXXXXXXXXXXXXXXXXXXXX for a price
of Rs 9999999999/-, subsequently a Contract Agreement was signed on XX-XX-XXXX. The construction period of the
Contract is ZZZ days from the Appointed Date. The total length of Project Expressway is km. YY.YYY in the state of
Uttarpradesh on EPC mode.
Project _
Length of Project highway _
Authority _
Contractor _
Authority's Engineer _
Contract price _
Type of contract _
Construction period _
Defects liability period _
Maintenance period _
Date of Letter of Award _
Date of Agreement _
Date of Appointment _
Performance security &
Additional Performance _
Security
Works matrix related to Article 3 (Obligations of the Contractor) of EPC Agrrements
Article/Sub Linked or
Responsibility on part
Sl. Clauses of Reference Contractor Action Immediataly after signing Department
Synopsis of Clause Time limit/ frame of Remarks
No. Agreement Article/Sub of Agreement/ during execution responsible
Authority Contractor
no. Clause, if any
Remedying the loss or damage to the
1 3.1.4 project highway during the construction √ AE
period .
17.3 Remedying the loss or damage to the
2 3.1.5 17.2 project highway during the defects √ AE
14.1.2 liability period .
Remedying the loss or damage to the
3 3.1.6 14.1.2 project highway during the √ AE
maintainence period .
Obtain and Submission of Applicable
4 3.1.7 (a) Sch. F √ AE
Permits as per Sch.F
Contractor, whether Consortium/Joint
Venture or sole, shall not sub-contract
any works in more than 49% of total
3.2.1 length. √ AE
Contractor may Sub-divide the
aforesaid length of 51% in no more than
5 sections.
The Contractor shall communicate to the
Sub contracting the works when the
Authority the name and particulars, relevant
5 3.2.2 aggregate of contracts with a sub √
experience of the sub contractor before
contractor exceeds 5%
entering into any such contract
Authority examine the particulars of the
within 15 days
sub contractor from the national
from the date of
6 3.2.2 security and public interest perspective √ The Contractor shall comply AE
receiving
and may ask the contractor not to enter
communication
into such sub contract
If in the preceeding 3 years the sub
contractor had not undertaken atleast
one work of similar nature with a Within 15 days
contract value exceeding 40% of the from the date of
value of the sub contract to be awarded receiving
7 3.2.3 √ The Contractor shall comply AE
and received payments in respect communication
thereof for the amount equal to atleast from the
40%. The Authority may require the Contractor
Contractor not to proceed with such sub
contract.
Contractor will try to atleast hire 10%
trained Workmen as per NSQF.
Expenditure are
Trainees are to be paid stipend on
3.4.1 to be born by the √
basis of minimum wages to
Authority
compensate for loss of income (Subject
to Max. limit of Rs.15,000)..
Works matrix related to Article 3 (Obligations of the Contractor) of EPC Agrrements
Sl. Clauses of Reference Contractor Action Immediataly after signing Department
Synopsis of Clause Time limit/ frame of Remarks
No. Agreement Article/Sub of Agreement/ during execution responsible
no. Clause, if any
Provided that any directions issued by the
Authority's Engineer specify the resons for
Removal of Contractors Personnel on Within 10 days of removal of such person, the Contractor shall
8 3.4.3 3.4.2 receiving a direction from Authority's the directions √ comply and ensure that such persons are AE
Engineer issued evicted from the site and have no further
connections with the works or maintainence
under this agreement
9
Note: only relevent clause included

Works matrix related to Article 4 (Obligations of the Authority) of EPC Agrrements
Linked or
Article/Sub Responsibility on part
Sl. Reference Contractor Action Immediataly after signing
Clauses of Synopsis of Clause Time limit/ frame of Department responsible Remarks
No. Article/Sub of Agreement/ during execution
Agreement no.
Clause, if any Authority Contractor
Prepare in detail site inventory and comparative
Authority is responsible for Correctness statement with Sch. A and the provisions in
of Scope of Project, Project Facilities, Sch. B. Design Section and Project
1 4.1.2 - N/A √
Specifications and Standards and the Monitoring
criteria of testing of completed work Variations, if any to be intimated to Authority in
consultantion with CMC
Request to Authority, immediately after signing
Authority to Procure 90% land of total
of Agreement, to nominate representative of
length of Project within 30 days from the
Authority to have joint site visit and prepare
5.2 (h), 7.1.1, date of signing of Agreement as per
4.1.3 (a) 30 days from the Memo & Appendix. AE+CMC+Management
2 8.2, provision of cl:8.2, 8.3 √
ROW Agreement date
8.3 cl: 7.1.1 refers submission of
Decsion regarding Appointed Date shall be
Performance Security to be submitted
taken as per availability of Land as assesed in
by the Contractor
Memo & Appendix.
Authority to provide approved GAD of
ROB from Railways within 60 days from
the date of Appointed Date. Correspondance with Authority for availability of
4.1.3 (b) 60 days from the approved GAD from Railways of ROB. Ensure AE+CMC+Management
3 - √
GAD of ROB All expanses incurred by the Contractor Appointed date the Notification for same may be given to
to the railway authorities in this respect Authority immediately after 60 days.
shall be reimbursed to the Contractor by
the Authority
4.1.4 Compensation of delay on the part of
AE+CMC+Management
EOT & 4.1.3, Authority in form of (i) Extension of Immediately after delay in providing ROW as
As per Sched-B
Damages 8.3, Time (ii) Damages. In case of delay in √ per Schedule B of Annex-I, notification shall be
Annex-1 CMC to calculate damage in
Payable to 10.5 providing the ROW shall be as per given to Authority.
case of delay
Contractor cl:8.3
Compensation of delay on the part of
4.1.4
Authority in form of (i) Extension of
EOT & 4.1.3, Project Monitoring for follow-up.
Time (ii) Damages. In case of delay in Intimation to Authority for EoT and damages
4 Damages 8.3, N/A √ CMC to calculate damage and
approval of GAD, damage equal to 2 km upon receiving approval of approved GAD
Payable to 10.5 case prepartion of EoT.
shall be payble to the Contractor as per
Contractor
cl:8.3
The aggregate damages payable under
clauses 4.1.4, 8.3, 9.2 shall not exceed
1% of the contract price.
4.1.5 Both parties agree that payment of
Cap on 4.1.4 these damages shall be full and final
5 damages 8.3 settlement of all claims of the CMC+AE
payable to 9.2 Contractor and such compensation shall
Contractor be the sole remedy against delays of
the Authority and both parties further
agree this as final cure against delays
of the authority
Works matrix related to Article 4 (Obligations of the Authority) of EPC Agrrements
Linked or
Sl. Reference Contractor Action Immediataly after signing
Agreement no.
Clause, if any Authority Contractor
Immediately after receiving of LOA, Project Site
AE & CMC to follow-up, in
4.2 Maintenace obligation prior to Appointed to be inspected and maintenance requirement,
6 - 10 days √ maintenace requirement is
Maintenance Date if any to be intimated to the Authority in
apprihanded.
accordance with cl:4.2
Note: only relevent clause included

Works matrix related to Article 7 (Performance Security) of EPC Agreements
Linked or
Sl. Reference Time limit/ Contractor Action Immediately after signing Department
Clauses of Synopsis of Clause of Remarks
No. Article/Sub frame of Agreement/ during execution responsible
Agreement no. Authority Contractor
Clause, if any
Submission of Performance Bank
7.1.1 10 days from Finance division to take action in accordance to
Sch. G Guarantee for an amount equals to 5%
1 Submission of date of √ Article 7.1.1 and Sch. G for submission of said Finance+PMC
of Contract Price for a period valid untill
PBG Agreement PBG.
60 days after the defect liability period.
Contractor shall submit an Additional

Performance Security equals to 4.3838
7.1.1 10 days from Finance division to take action in accordance to Calculation is
Sch. G Cr. In the form set forth in Sch-G. if the
Submission of date of √ Article 7.1.1 and Sch. G for submission of said Finance+PMC based on the
BID price is less than 10% of the Bid
Additional PBG Agreement PBG. 7.1.1.(i)
price and shall be valid until 28 days
after the issue of completion Certificate
otherwise the
Authority shall
encash and
Should pay damages for the extended period in
appropriate
a sum calculated at the rate of 0.01% of the
such
In case Contractor fails to provide the contract price per day until the performance
7.1.3 A maximum of performance
2 performance security within 10 days of √ security is provided. On expiry of the 30 days Finance+PMC
EOT 30 days security as
the agreement, it may seek for the EOT the agreement shall be deemed to be
damages. And
terminated and the Bid security shall be
this agreemtn
encashed by the Authority
shall be
deemed to be
terminated
Option provided that the Contractor
7.2
may submit the PBG intially for 2 Years
PBG and
3 only, however, which needs to be √ Finance+PMC
Extension of
extended appropriately, as per DLP,
PBG
before 2 month of expiry of said PBG.
The Contractor shall replenish in case of partial
appropriation to its original level of the otherwise the
Upon the encashment and performance security and in case of entire Authority shall
Appropriation of Performance security appropriation the Contractor should provide a encash and
7.3.2
as damages (Partial) for Contractor's fresh performance security. appropriate
4 Replenishing 23 Within 30 days √ Finance+PMC
default, the Contractor has to replenish Failing which Authority shall entitle to terminate such
the PBG
the performance security to its original the agreement as per article 23. However the performance
level from the date of appropriation Contractor shall be entitled to an additional security as
cure period of 30 days for furnishing the PBG damages.
under this clause.
The Contractor shall notify to the Authority
Additional Performance Security shalll
Under clause 10.5.2 for any event causes
be encashed, in case the Contractor not
7.3.3 √ delay in achivement of MileStone or for any AE
achieve the Milestone II/III/IV within the
default on the part of the Authority or any
prescribed period as per the agreement
reason not attributable to the Contractor.
Works matrix related to Article 7 (Performance Security) of EPC Agreements
Linked or
No. Article/Sub frame of Agreement/ during execution responsible
Clause, if any
Within 60 days
of the later of
7.4.1 the expiry of
6 17.1.1 Release of Performance security √ CMC+Finance
Relese of PBG DLP or
Maintenance
Period
7.4.2 Within 28 days
on 28th day from the day of receving of the
Relese of Release of Additional Performance form the date
12 √ Completion Certificate The Contractor shall
additional security of Completion
submit a request to release of Additional PBG
PBG Certificate
Retention money shall be deducted at
7.5.1
the rate of 6% and the maximum
5 Retention 19.5
amount of retention money shall not
money
exceed 5% of the contract price
Refunding the retention money on
7.5.3
Sch. G Annex-II submission of BG as per format
Refund of The Contractor may furnish an irrevocable and
7 7.5.1 provided in Sch.G √ CMC+Finance
Retention unconditional bank guarantee.
19.5 The refund shall be made in tranches of
money
not less than 1% of the contract price
7.5.4
Discharging Discharging of Bank Guarantee and Within 15 days
7.5.2
Retention BG refunding of balance retention money after issue of
8 7.5.3 √ Finance+AE
& refund of by the Authority to the Contractor after Completion
12.4.1
retention issuance of "Completion Certificate" Certificate
money
In the event of termination of
agreement , the retention money and
7.5.5 bank guarantee shall be treated as if The Contractor should prepare and submit it's
9 Payment of 23.6 they are performance security and shall √ √ claims if the termination of the agreement is
retention BG be reckoned as such for the purposes due to the Authority's default
of termination payment under clause
23.6
Note: only relevant clause included

Works matrix related to Article 8 (Right of way) of EPC Agreements
Linked or
Sl. Reference Contractor Action Immediately after signing
No. Article/Sub of Agreement / during execution
Clause, if any
To keep a regular check on the parts of site
8.1 (a) Acquiring & providing ROW free from
a) Full ROW shall be available handed over and examine if the contractor is
1 Providing Sch. A encroachments and encumbrances. √
within 150 days of Appointed Date eligible to claim damages as per the clause 8.3
ROW
for non performance of duties of Authority.
Obtaining licences and permits for

2 8.1 (b) Sch. A environment clearance for the project √
highway.
The Authority representative and the

contractor shall inspect the site and Request the Authority to appoint authorised
prepare a memorandum containing an representative for inspection of the site and
8.2.1 inventory of the site. preparation of memorandum under clause
Within 30 days from the date of
3 Preparation of 8.2.3 Signing of the memorandum in two √ √ 8.2.1 AE
agreement.
memorandum counterparts by the authorised Prepare the memorandum and get it signed by
representatives of parties (Parts the Authority's representative
handing over and the parts that has not
been given to the contractor)
Authority shall Provide the ROW as per As Specified in Sch. A, Annex-II To keep a regular check on the parts of site
8.2.2
Sch. A the signed memorandum by the date (or) within 90 days from the handed over and examine if the contractor is
4 Providing √ CMC
8.3 specified in the Sch.A for those part of appointed date (for the part of site eligible to claim damages as per the clause 8.3
ROW
the site referred therein not specified in Sch. A) for non performance of duties of Authority.
Request the Authority to appoint authorised

representative for inspection of the site and
As Specified in Sch. A (or) within
8.3.1 preparation of memorandum under clause
8.2 Damages for delay in handing over the 90 days from the appointed date
5 Damages for √ 8.2.1 CMC
10.5 site. (for the part of site not specified in
delay Prepare the memorandum and get it signed by
Sch. A)
the Authority's representative.
Contract price
8.3.3 Schedule -H, Within 240 days from the Notify the authority after 240 days regarding
Withdrawn of any work subject to 10% reduced to
Withdrawn of 8.3.4 Scheduled ROW as per Sch-A √ the non Availbaility of ROW if it falls under CMC +AE
of the Contract Price 90% of value of
works Annex-II municipal limitsor any reserved area.
works.
The site shall be made available by the
6 8.4 8.2 Authority to the Contractor free from all √
encumbrances and occupations

Works matrix related to Article 9 (Utilities and trees) of EPC Agreements
Sl. Clauses of Reference Time limit/ Contractor Action Immediately after signing
Synopsis of Clause of Department responsible Remarks
No. Agreement Article/Sub frame of Agreement
no. Clause, if any
The Contractor shall shift any utility to an
appropriate location or alignment if such
obstruction or utility affects the execution
Within 180 Identification of utilities.
9.2 of works.
days from The Contractor should issue notice to the utility
Shifting of The actual cost of such shifting shall be
8.3.1 the date of department of Authority for shifting of the utility
1 obstructing paid by the Contractor and reimbursed by √ AE
10.5 notice by or Estimate for shifting
utilities & the Authority to the Contractor.
the Should obtain the approval of the authority on
Damages In the event of any delay beyond 180 days
contractor the estimate provided by the utilitiy department.
from the date of notice to the to the utility
department of the Authority, the Contractor
is entitled for the damages and EOT
2 9.3.4 9.3 Works affected by a new utility. √ Contractor shall be entitled to EOT. CMC
The Authority shall assist the Contractor in
obtaining the applicable permits for Felling
of trees. Contractor should identify the part or parts of
9.4
The cost of such felling shall be borne by site that can cause adverse effect on the
Felling of
the authority and in the event of any delay construction of the project and shall
trees &
3 beyond the control of contractor , it shall √ √ communicate with the Authority. AE
procuring
be excused for failure to perform any After receiving forest clearance approach the
applicable
obligations. concerned forest office to initiate the felling of
permits
If the felling of trees is in forest area , the trees
applicable permit shall be procured by the
Authority
Works matrix related to Article 10 (Design & Construction of project highway ) of EPC Agreements
Linked or
Sl. Reference Contractor Action Immediately after signing Department
Clauses of Synopsis of Clause Time limit/ frame of Remarks
No. Article/Sub of Agreement responsible
Clause, if any
Within 20 days from the appointed
date: Arrangement and submission of the POA of the
a. Should appoint Representative, Contractor's representative to the Authority
10.1.1 b. Should appoint Design director Within 20 days Submit the details of Contarctor's Design
1 Contractor's c. Obtain aapplicable permits for from the √ director to the Authority AE
obligations commencement of works appointed date Initiate the process and obtain the necessary
d. Arrangements for the quarrying of permits and quarrying of materials required for
materials shall be made in accordance the execution of the project
with the applicable laws and permits.
Appointment of Authority's Engineer by
10.1.2 Within 30 days
the Authority
2 Authority's from the √
Should appoint an Engineer and shall
obligations agreement date
notify to the contractor.
A Programme shall be submitted for the
10.1.3 10.2 Within 30 days of Prepare the program and submit the same to
works, developed using networking
3 Submission of work Sh. J the appointed √ the Authority's Engineer after the appointed
techniques under clause 10.1.3 Part I,
program Sh. H date date
Part II & Part III
A panel of three names shall be proposed to
Authority's consent in appointing the Within 15 days of the Authority.
10.1.5
safety consultant to carry out safety receiving a Authority's failure in conveying its consent of
4 Appointment of √
audit during the design stage of the proposal from the appointment from the panel leaves the
safety consultant
project highway. contractor contractor to engage a safety consultant of his
choice.
The safety audit shall be carried out by
the safety consultant . The
recommendations of the safety
consultant shall be incorporated in the
10.1.6
design of the project highway.
Safety audit;
5 10.1.5 In the event that any works required by √ √
recommendations;
the safety consultant fall beyond the
Contractor's report
scope of Sch.B, Sch.C or sch.D, the
Contractor shall make a report and seek
the instructions of authority for change
in scope
A panel of three names shall be proposed to
Within 15 days of the Authority.
10.2.2
Authority's consent in appointing the receiving a Authority's failure in conveying its consent of
6 Appointment of √
proof consultant proposal from the appointment from the panel leaves the
Proof Consultant
contractor contractor to engage a proof consultant of his
choice.
The Contractor shall prepare and submit
10.2.4 (a) three copies each of design and Design and prepare the drawings and get it
7 Submission of drawings duly certified by the proof √ certified by the proof consultant to the
design and drawings consultant , to the Authority's Engineer Authority's Engineer
for review
Linked or
Clause, if any
Within 15 days of the receipt of the
drawings, The Authority's Engineer shall
review the same and convey its
observations to the Contractor
10.2.4 (c) Beyond the said period of 15 days, the Within 15 days of
Review & contractor shall not be obliged to await the receipt of the
8 √
Observations of the observations of the Authority and drawings from the
Authority may begin the works at its discretion Contractor
and risk.
In caseof a major bridge the foresaid
period of 15 days may be extended upto
30 days
If the observations of Authority's
Engineer indicate that drawings are not
in confirmity with the scope of the
10.2.4 (d)
project, such drawings shall be revised within 10 days Revise and submit the drawings as per the
AE's observations
and resubmitted to the Authority's from the date of Authority's Engineer observations and get it
9 on revised and 19.5.4 √
Engineer for review. receipt of revised certified by the proof consultant to the
resubmitted
The Authority's Engineer shall give its drawings Authority's Engineer
drawings
observations within 10 days from the
date of receipt of revised drawings
Any cost or delay in construction arising

10 10.2.5 from review by the Authority's Engineer √
Shall be borne by the Contractor.
10.2.7 The Contractor shall furnish to the
Contractor's Authority and the Authority's Engineer a Within 90 days of
11 obligation to complete set of as-built drawings in two the project √ AE
submit as-built hard copies and in micro film form as completion date
drawings may be acceptable to the Authority.
In case the Contractor fails to achieve

the project milestone or schedule
completion date within a period of 30
days from the date setforth in Sch.J,
The contractor shall pay damages to the
Authority of a sum calculated at the rate
10.3.2 of 0.05% of the contract price for delay
Contractor's failure of each day from the date specified in
12 in achieving the Sch.J until such project milestone is √ CMC+AE
project milestones - achieved.
Damages
If the period for any or all the milestones
or the schedule completion date is
extended, the dates set forth in sch.J
shall be deemed to be modified
accordingly and the provisions of this
agreement shall apply as if Sch.J has
been amended
Linked or
Clause, if any
In the event the works are completed

within or before the schedule
10.3.2 completion date including any time
14 Refunding the extension, the damages paid under the √
damages clause 10.3.2 shall be refunded by the
Authority to the Contractor without
interest.
10.3.3 No deduction on account of damages

Authority's Notice shall be effected by the Authority
to the Contractor without notifying the Contractor of its Notice shall be On receiving any notice for LD under clause
15 regarding the decision to impose the damages replied within 20 √ √ 10.3. shall be replied within 20 days with full AE + CMC
deduction on The total amount of damages under days representation to the Authority
account of clause 10.3.2 shall not exceed 10% of
damages the contract price.
10.4
Contractor shall maintain at its own cost
Maintenance of of
the existing project highway for the
Project Highway
16 traffic worthiness and safety thereof √ AE
during
materially not inferior to the condition 10
Construction
days prior to the date of agreement
Period
The Contractor shall be entitled for EOT
for the completion and project
milestones
a. Delay in providing ROW,
Environmental clearances or Approval
10.5.1 of ROB GAD
Contractor shall notify immediately to Authority
17 Contractor's b. Change of Scope √ CMC+AE
for the reasons incurred if any under 10.5.1
entitlement for EOT c. Force majeure event
d. Any impediment caused by The
Authority, Authority's personnel or the
other contractors
e. Any other cause for the delay not
attributible to the Contractor
The Contractor shall give notice to the

Authority's Engineer with a copy to the
Authority for occurrence of an Event Clause 10.5.3:
specified in clause 10.5.1 (Causes delay In the event of The Contractor's
in the project) failure to issue the Authority's
Notice within 15 On occurrence of any event which causes the
10.5.2 Engineer a notice in accordance with
days from the delay in project, the Contractor shall notify the
18 Contractor's notice 10.5.1 The time extension shall be due and √ the provisions of the clause 10.5.2
occurrence of Authority's Engineer containing the details of
to AE for EOT applicable only for the works which are within 15 days, The Contractor shall
event event and affect of it
affected by the forsaid events and shall not be entitled to any EOT and shall
not in any manner affect the project forfeit it rights for any such claims in
completion schedule for in respect of the future
works which are not affected hereunder
Linked or
Clause, if any
If the event or circumstance giving rise Interim Claim:

to the notice has a continuing effect: 10 days after the
a. A fully detailed claim shall be close of each
considered as interim. month
10.5.5 Prepare a claim along with all the details of the
b. The Contractor shall submit an Final Claim:
19 Interim claim and √ circumstances the event and calculation of AE + CMC
interim claim within 10 days after the within 30 days
final claim delayed time with all supporting documents
close of each month after the effect of
c. The Contractor shall send a final the event ot
claim within 30 days after the effect of circumstance
the event ot circumstance ceases. ceases.
Maintenance manual
wihtin 60 days prior to Project
Completion Date, the Contractor shall
20 10.7 within 60 days √ AE
submit the Maintenance Manual with
other specifications and requirements
as per CA

Works matrix related to Article 11 (Quality assurance, Monitoring & Supervision) of EPC Agreements
Linked or
No. Article/Sub frame of Agreement responsible
Clause, if any
The Authority's Engineer
Within 30 shall convey its comments
11.2.2 The Contractor shall prepare the QAP
Submission of Quality assurance plan to the days of the to the Contractor within a
1 Submission of √ containing the information as mentioned in QA/QC, AE
Authority's Engineer appointed period of 21 days
QAP clause 11.2.2 for the project
date cost will be borned by the
contractor
15 days prior The contractor shall submit the methodology to The AE shall Review the
11.3 Submission of Methodology to be adopted to the be adopted for executing the works, giving methodology and convey
2 Submission of for executing the works to the Authority's commencem √ details of equipments to be deployed, traffic AE the comments to the
methodology Engineer ent of the management and measures for ensuring contractor within a period of
construction safety. 10 days
within10 days
11.7 The Contractor shall submit a Monthly
from the A monthly progress report on the progress of
3 Submission of progress report to the Authority's Engineer √ AE
closure of work shall be submitted to the Authority
MPR and Authority
month
The test checks by the Authority's In case fail or any defect,
11.10.1 Engineer shall comprise atleast 20% of the the contractor shall
The Contractor shall raise the inspection
4 Test checks by quantity or number of tests prescribed for √ AE resubmit the test after
request for test
AE each category or type of test for quality carrying out proper
control by the Contractor remedial measures
The Authority Engineer can issue on notice
11.14 to the Contractor for the slow progress. On Within 15
AE's notice to receipt of the notice The Contractor shall days from the The Contractor shall reply immediately on
5 √ AE+CMC
Contractor on inform the Authority's Engineer within receipt of receipt of the notice
slow progress 15days the reasonable details about the notice
action taken to expedite the progress
No later than
15 days after
11.16 The Contractor shall provide to the Authority
the closing of
Contractor's for every calender quarter, a video recording The Contractor shall prepare the video
6 each quarter √ AE
Video recording in a 3 hour compact disc covering the status recording and submit it to the Authority
after the
in CD & progress of works in that quarter
Appointed
date
If the suspension of the works under clause
11.7.4 The Contractor shall submit the claim for the
11.17.1 are not attributable to the contractor,
7 EOT due to √ EOT for the suspension of works under clause CMC
The Contractor is entitled for the EOT
suspension 11.17.1
determined by the AE

Works matrix related to Article 12 (Completion certificate) of EPC Agreements
Sl. Clauses of Reference Contractor Action Immediately after signing
Synopsis of Clause Time limit/ frame of Department responsible Remarks
No. Agreement Article/Sub of Agreement
no. Clause, if any
In case both Fails to
At least 30 days mutually agree on dates,
The Contractor shall notify the Authority's
12.1.1 prior to the likely Contractor shall fix dates
1 Schedule K Tests on Completiom √ Engineer his intent to subject the project AE
Tests completion of the by giving not less than 10
highway to tests.
project highway days notice to Authority
Engineer
Punch list work The Contractor shall raise the request for PC
AE shall issue a PC on the request of
12.2.5 shall be completed
12.2.1 Contractor in the form set forth in Sch.L,
10.5 Within a period of The Contractor shall complete The punch list
2 Provisional if the tests for and in respect of the √ AE+CMC
Sch.L 30 days from the (List of outstanding items of works) items in
certificate completed work was successful
date of issuance of respect of those sections for which provisional
PC certificate is issued.
The PC appended thereto a punch list.
No PC shall be issued until the
12.2.5 Contractor has submitted valid claims
3 19.1.1 √ AE+CMC
for payment of atleast 80% of the
Contract price
12.3
Delay in completion of punch list items
Punch list 10.3.2
4 entitles the Authority to recover the √ AE+CMC
items - Sch.J
damages from the Contractor .
Damages
12.4.1 Issuance of Completion certificate on
5 Completion Sch.L completion of works including the √ AE+CMC
Certificate punch list and successful tests
The Contractor shall remove its equipment,
Within 30 days
materials, debris and temporary works from
12.4.2 from the date of
Upon receiving the completion site. If the Contractor fails to do so The
6 Contractor's receiving the √ AE
certificate authority may remove them and recover the
Obligation completion
amount equal to 120% of the actual cost of
certificate
removal incurred.

Works matrix related to Article 13 (Change of scope) of EPC Agreements
no. Clause, if any
Change of Scope mean
1. Change in Specification of any Items
8.3.3
1 13.1.2 Change of Scope 2. Omission of any work
13.5
3. Any Additional Work, plant etc which are not
included in scope of the project
The Contractor shall submit proposal,
supported with relevant details and the amount
Within 15 of reduction in the contract price.
13.1.3
days of
2 Change of Contractor's proposal and The √ √ AE
receipt of The Authority shall either accept the COS
scope Authority's response…
the proposal proposal with modifications or reject the
proposal and inform the Contractor of its
decision
The Contractor should provide the Authority
and his Engineer:
13.2.2
Upon receipt of change of scope notice 1. The impact of change of scope on project
3 COS notice √ AE
from the Authority's Engineer completion schedule
from AE
2. Options for implementing the proposed COS
and its effect
The Contractor's quotation of costs for
the change of scope shall be
determined on
13.2.3
a. SOR of concerned circle of State's
Contractor's Collecting the SOR and the relevant information
4 PWD √ AE
quotation of for calculating the estimate for COS
b. For works not similar in nature to the
costs
works executed , the costof work shall
be derived on the basis of MORTH
standard data book
No COS shall be executed unless the
Authority has issued COS order save
5 13.4.1 √ AE
and except any works necessary for
meeting any emergency
Unless the parties mutually agree to the
13.4.2
contrary, the total value of all the change
6 Limit on AE
of scope orders shall not exceed 10% of
COS orders
the contract price

Works matrix related to Article 14 (Maintenance) of EPC Agreements
Linked or
No. Article/Sub of Agreement
Clause, if any
The Contractor shall Maintain the
project highway and shall be paid
0.5%,1%, 1.5%, 2% of the contract price
4 Years
for the 1st year,2nd year, 3rd year & 4th
14.1.1 commencing from
19.1.1 year respectively
1 Maintenance the date of √ AE+QS
19.12 The amount payable for maintenance
payment provisional
shall be adjusted to reflect any increase
certificate
or decrease arising out of variation in
WPI to be determined as per clause
19.12
14.1.2
Obligations of the Contractor during
2 Contractor's √
maintenance period
obligations
14.1.3
Defects& The Contractor shall at its own cost, undertake
Action of the Contractor to the defects &
3 deficiencies - Sch.E √ repair or rectification in accordance with good AE
deficiencies not specified in the Sch.E
Contractor's industry practice
action
No later than 10
14.3.1 days prior to the
The Contractor shall prepare a monthly
Submission of Submission Maintenace program to the commencement of
4 √ √ maintenance program in consultation with the AE
maintenance Authority's Engineer the month in which
Authority's Engineer
program to AE the maintenance is
to be carried out
The Contractor shall maintain and

operate a round-the-clock vehicle
5 14.4.2 rescue post with one mobile crane Round-the Clock √ AE
having capacity to lift a truck with a
gross vehicle weight of 30,000/- kg.
The Contractor shall request the Authority's

Engineer about the proposed closure of lane
Within 5 business atleast 10 days before with the necessary
14.5.1
6 Lane closure during maintenance period days of receiving √ √ particulars AE
Lane closure
such request The Authority's Engineer within 5 business days
of receiving it shall grant the permission with
such modifications as it may deem necessary
In the event of any delay in re-opening the lane

wrt the Authority Engineer's grant, the
14.5.2 Contractor shall for every 250m pay damages
Damages for delay in re-opening the
7 Damages- Lane 14.5.1 √ to the Authority at the rate of 0.1% of the AE+CMC
lane
closure monthly maintenance payment for each day of
delay until the lane has been opened for traffic
again
Works matrix related to Article 14 (Maintenance) of EPC Agreements
Linked or
No. Article/Sub of Agreement
Clause, if any
14.6.1 Sch.E Within the period
Reduction of payment for non
8 Reduction of Sch.M specified in Sch.E √
performance of maintenance obligations
payment by AE 19.7
Contractor's failure to commence the

14.7 remedial works within 15 days of receipt
Within 15 days of
Authority's of the monthly inspection report:
receipt of the
9 action in case 15.2 The authority shall be entitiled to √
monthly inspection
of Contractor's undertake such remedial measures at
report:
failure the cost of the contractor and to recover
120% of such cost incurred
The Contractor at his own cost and expenses

Restoration of loss or damage to project shall rectify and remedy any loss or damage
10 14.8 √ AE
highway suffered by the project highway during the
maintenace period

Works matrix related to Article 15 (Supervision and monitoring during maintenance) of EPC Agreements
no. Clause, if any
The Contractor shall carry out detailed pre
monsoon inspection of all the bridges, culverts.
15.1.2 Reports of this inspection along with details of
Pre proposed maintenance works shall be
monsoon & The Contractor shall carry out Pre conveyed to the Authority's Engineer.
1 SP35 √ AE
Post monsoon and post monsoon inspection Post monsoon inspection shall be carried out
monsoon and the inspection report with details of
inspection damages observed and proposed action to
remedy shall be conveyed to Authority's
Engineer
The Authority's Engineer shall carry out

inspection within 10 days of submission
15.2.2
of monthly maintenance statement by
AE's
the Contractor The Contractor shall assist the Authority's
Inspection
2 19.6 And √ √ Engineer in verifying compliance with the AE
on
Shall inform the Contractor of its maintenance requirements
submission
intention to carry out the inspection
of MMS
atleast 3 business days in advance of
such inspection
Any deduction made on account of non
15.2.4 compliance will not be paid
Deduction subsequently even after establishing the
3
on non complaince. Such deduction will
compliance continue to be made every month until
the compliance is procured
The Contractor shall with due diligence carry
15.3
The Authority's Engineer shall require out or cause to be carried out such tests in
Tests
4 the Contractor to carry out or cause to √ √ accordance with the instructions of the AE
required by
be carry out tests specified by it Authority's Engineer and furnish the results of
AE
such tests to the Authority's Engineer
The Contractor shall, during the
The Contractor shall prepare a summary of
maintenance period , prior to the close
15.4 such report and it should be submitted to the
of each day, send to the Authority and
Contractor's Authority's Engineer. The report shall include
Authority's Engineer, by facsimile or Within 3 business
Report on a. accident, death or severe injury to any
5 email, a report stating accidents and days of the closing √ AE
accidents person
unusual occurrences relating to the of the month
and unusual b. damaged or dislodged fixed equipment
safety and security of the project
occurrences c. flooding of projecthighway
highway
d. any other unusual occurrences

Works matrix related to Article 17 (Defects liability) of EPC Agreements
no. Clause, if any
4 years
17.1.1 commencing from The Contractor shall be responsible for all the
1 DLP if PC is Article 14 If the provisional cerificate is issued the date of √ defects and deficiencies in the project highway AE
issued provisional till the expiry of the Defects Liablility Period
certificate
4 years
17.1.1 commencing from The Contractor shall be responsible for all the
If the provisional cerificate is not issued,
2 DLP if PC is Article 14 the date of √ defects and deficiencies in the project highway AE
DLP commence from the date of
not issued Completion till the expiry of the Defects Liablility Period
completion certificate
certificate
Within a period of
The Contractor shall repair or rectify all defects
15 days from the
and deficiencies observed by the Authority's
date of notice
3 17.2 14.1.2 Remedying defects during DLP √ Engineer During the DLP within 15 days from AE
issued by
the date of notice issued by Authority's
Authority's
Engineer
Engineer
Any repair or rectification undertaken, any
4 17.3 17.2 Cost of remedying defects √ additional testing shall be carried out by the AE
Contractor at its own risk and cost
The Authority shall be entitled to get the

17.4 defect repaired, rectified or remedied at
Contractor's the Contractor's cost .
5 failure to 17.2 The cost determined by Authority's √ AE+CMC
rectify Engineer and an amount equal to 20%
defects of such cost as damages shall be
recoverable by the Authority from the
contractor
The Contractor shall rectify such defect within
If the defect identified is attributable to
6 17.5.2 17.5.1 √ √ the period specified by the Authority's Engineer, AE
the Contractor
And shall bear the costs incurred
If the defect identified is not attributable
to the Contractor:
The Authority's Engineer shall,
The Contractor is entitled to payment of such
7 17.5.3 determine the costs incurred by the √ √ AE+AE
costs by the Authority
Contractor on such examination and
notify the Contractor, Authority.
17.6
The DLP is deemed to be extended till
8 Extension of 17.2 √ AE+CMC
the identified defects have been
DLP
remedied.

Works matrix related to Article 18 (Authority's Engineer) of EPC Agreements
Linked or Responsibility on part

Sl. Article/Sub Clauses Reference of Contractor Action Immediately after signing Department
Synopsis of Clause Time limit/ frame Remarks
No. of Agreement no. Article/Sub of Agreement responsible
Clause, if any
Appointment of Authority's Engineer shall be made within
Within 30 days
18.1.2 30 days from the date of this agreement and
1 from the date of √
Appointment of AE The Authority shall notify the appointment or replacement
this agreement
of the Authority's Engineer to the Contractor
The Authority's Engineer shall perform the duties and
exercises the Authority in accordance with the provisions of
the agreement and substantially in accordance with the
TOR set forth in Annex 1 of Schedule N, subjected to
obtain prior written approval of the Authority before
18.2.1
determining
Written approvals
2 a. Any time extension CMC
needed from
b. Any additional cost to be paid by the Authority to the
Authority by AE
Contractor
c. The termination payment or
d. any other matter which is not specified above and which
creates obligation or liability on either party for a sum
exceeding Rs. 50 Lakh
In case the Contractor does not receive the
Within 2 days of confirmation of the oral instruction within 2 days
The oral instructions issued by the Authority's Engineer
3 18.4.3 18.4.2 issuing the oral √ √ , The Contractor shall seek the written AE+CMC
shall be in writing
instructions confirmation of the oral instructions from the
Authority's Engineer.
Within 2 days of
Failure of Authority's Engineer to reply to the Contractor
4 18.4.3 receipt of √ √ The Contractor may not carry out the instruction
seeking the written confirmation
communication
The Contractor may refer the dispute to the
18.4.4 Within 3 business
Dispute on any of the instructions issued by the delegated Authority's Engineer , who shall then confirm,
5 Dispute on days of the dispute √ AE+CMC
assistant reverse or vary the instructions within 3
instructions issued being referred
business days of the dispute being referred
18.7.2 Contractor's written representation to the Authority seeking

Termination of AE: the termination of appointment of Authority's Engineer
6 Contractor's written The Authority shall hold a tripartite meeting with the √ √ CMC
representation to the Contractor and the Authority's Engineer and make best
Authority efforts for an amicable resolution of the representation

Works matrix related to Article 19 (Payments) of EPC Agreements

Article/Sub
Sl. Reference of Contractor Action Immediately after signing
Clauses of Synopsis of Clause Time limit/ frame Department responsible Remarks
Clause, if any
Contract price(Rs.10,87,07,00,000)
Contract price
includes all taxes, duties, royality and
is excluding of
1 19.1.1 fees that may be levied in accordance Finance+CMC
Maintanance
with the laws of and regulations. All
Cost
payment in indian Rupee
1st inst At any time
The Authority shall make an interest after the appointed
Bearing Advance payment of 10% of date &
Contract price in 2 Instalments 2nd Inst At any The Contractor may apply to the Authority the
19.2.2 1. Advance payment: 5 % of contract time after 60 days 1st and 2nd instalments of the advance
2 Advance Sch.G, Annex-III price in 1st Instalment aginst a ABG of from Appoined √ payment along with an irrevocable and Finance+CMC
payment 110% of the of Such Installment . Date and unconditional guarantee from a bank for an
2. Advance payment: 5 % of contract submission of amount equivalent to 110% of such instalment
price in 2nd Instalment ginst a ABG of utilization
110% of the of Such Installment .. certificate of 1st
5% advance.
Authority shall make an additonal

interst bearing advance payment
against newly purchased key
construction equipment with a limit ot
19.2.2
5% of the CP. Subject to the Following
Additional
3 Conditions √
Advance
(i) Such New equipment shall be
payment
considered by the AE to be necessary
for the works.
(ii) Shall be purchased in the name of
GRIL and verified by AE.
The 1st, and 2nd instalments of
19.2.5 Within 15 days of
advance payment shall be paid by the
Release the receipt of its
4 19.2 Authority to the Contractor within 15 √ Finance+CMC
Advance respective
days of the receipt of its respective
payment requests
requests
The Contractor shall repay each
installment of advance payment
through % deduction from the stage
19.2.7
payment.
Recovery of
5 19.5 Decution shall commence when stage √ Finance
Advance
payment statement exceeds 20% of
payment
the contract price @15% and complete
prior to 80% of the contract Price has
been certified
The whole of the balance then outstanding
shall immediately become due and payable to
19.2.8
the Authority. In the event of termination for
Recovery of
If the advance payment is due prior to Contractor's default the advance payment shall
6 Advance Finance+CMC
the termination of contract be deemed to carry at an interest rate of 10%
payment upon
per annum from the date of advance payment
termination
to the date of recovery by encashment of the
bank guarantee

Article/Sub
Clause, if any
The impact of the adjustments arising
out of change of scope (Additions or
omissions) shall restrict to the said
19.3.3 8.3.3 change of scope and shall not alter the
7 √ √ Finance
Impact of COS Sch.H payments due, it shall not have any
impact on the amounts payable for the
items or stage payments which are not
affected by such change of scope
19.4 The Contractor shall submit a statement in 3
Sch.O
Submission of By the 7th day of copies to the Authority Engineer in the form set
8 19.3 Stage payment statement for works √ QS+Finance
Stage payment month forth in Sch.O showing the amount calculated
Sch.H
statement in accordance with clause 19.3.
The Authority Engineer shall determine
19.5.1 the amount due to the Contractor and
recommend the release of 90% of Within 10 days of
AE's
amount so determined as part payment receipt of stage
determination
9 19.4 against the stage payment statement payment statement √ AE
of amount due
and within 10 days of Engineers from the
and payment by
recommendation to relese 90%, the Contractor
Authority
Authority shall make electronic payment
to the Contractor
The Authority's Engineer shall
19.5.2 determine and shall deliver to the Within 15 days of
Issuance of IPC Authority and the Contractor an IPC receipt of stage
10 by AE to certifying the amount due and payable payment statement √ AE
Authority and to the contractor, after adjusting the from the
the Contractor payments already released to the Contractor
Contractor against the statement
Monthly
Payment shall
19.6.1
be lumpsum
Payment for Sch.O By the 7th day of A monthly statement in 3 copies shall be
11 Monthly maintainence statement √ QS+Finance 1/12th of
maintenance of 14.1.1 month submitted in the format set forth in Sch.O
annual cost as
project highway
specifed in
14.1.1
Within 15 days of
19.7.1
The Authority's Engineer shall verify the receipt of Monthly
Payment for
12 19.6 Contractor's monthly maintainence maintainence √ AE
maintenance of
statement and certify the amount to be statement from the
project highway
paid to the Contractor Contractor
Within 30 days
19.7.4 The Authority shall pay to the
from the date of
Payment of Contractor every quarter any amount
13 19.7 submission of the √ AE
quarterly dues due under any IPC fo the maintenance
last IPC for the
by the Authority of project highway
relevant quarter
19.8.1
The Contractor may claim damages
Claim of
14 due and payable to it in accordance √ AE+CMC
damages by
with the provisions of the agreement
Contractor

Article/Sub
Clause, if any
IPC should be
issued within 15
The Authority's Engineer shall issue the
days of the receipt
19.8.2 IPC within 15 days of the receipt of the
19.8.1 of the claim & Prepare the claim for the damages if any under
Payment of claim under clause 19.8.1.
15 19.8 Payment by the √ clause 4.1.4, 9.2, 8.3 and submit the same to AE+CMC
damages by
19.9 Authority within 30 the Authority's Engineer
Authority The Authority shall release the payment
days from the date
within 30 days from date of submission
of submission of
of claim.
the claim
For Stage Payment:
Payment shall be made no later than 30
days from the date of submission of the
stage payment statement by the
contractor to the Authority's Engineer
within 30 days from
19.9.1 for certification, if the Authority fails to
the date of
16 Stage payment 19.4 issue the IPC within 30 days, the √ AE+Finance
submisson of the
by the Authority Authority shall pay the amount shown in
claim
the Contractor's stage payment
statement and any discrepancies
therein shall be added to or deducted
from the next payment certificate issued
to the Contractor.
19.9.1 Payment shall be made within 30 days within 30 days from

For final from the date of submisson of final the date of
17 19.15 √ Finance
payment by the payment certificate for works along with submisson of final
Authority the discharge submitted to the payment certificate
Authority's Engineer
If the Authority fails to pay the Base rate is
19.9.2 19.9 Contractor within the time period stated the floor rate of
18 Payment of 19.9.1 (a) in clause 19.9, Authority shall be liable √ Finance interest
Interest 19.9.1 (b) to pay interest at the base rate plus 2% announced by
calculated quarterly SBI
Price
adjustment
shall be
adjusted on the
The amounts payable to the contractor
price of
for works shall be adjusted in the IPC
Cement,
19.10.2 issued by the Authority's engineer for The Contractor shall calculate the price
Labour,
19 Price the increase or decrease in the index adjustments and submit the stage payment
Steel,Plant,mac
adjustment cost of inputs for the works, by the statement to the Authority's Engineer
hinary and
addition or subtraction of the amounts
spares,
determined by the formulae prescribed
bitumen, fuel
in clause 19.10.4
and lubricants
and other
materials input
Price adjustment shall be due and

19.11 payable only in respect of stages of no later than 30
Restrictions on work for which the stage payment days from the date
20 Finance+CMC
price statement has been submitted by the of its applicable
adjustment Contractor no later than 30 days from project milestone
the date of its applicable project
milestone

Article/Sub
Clause, if any
Within 60 days
12.4 the Contractor shall submit to the Authority's
Final payment statement after receiving the
21 19.13.1 19.4, √ Engineer for consideration 6 copies of final AE+finance
completion
19.15 payment statement with supporting documents
certificate
Within 15 days of
If the Authority's Engineer does not
the date of issue of The Contractor shall submit the statement in
22 19.13.2 19.13.1 prescribe the form referred to in clause √ √ AE+Finance
completion such form as it deems fit
19.13.1..
certificate
Upon submission of final statement of works
under clause 19.13, the contractor shall give to
the Authority, Authority's Engineer a written
23 19.14 Contractor's discharge √ AE+CMC
discharge confirming that the total of the final
payment statement is full and final statement of
all monies due to the Contractor.
Within 30 days the Contractor shall submit to the Authority's
Final payment statement for the
after completion of Engineer for consideration 6 copies of final
24 19.16.1 maintenance of project highway √ AE+Finance
the maintenance payment statement for maintenance of the
period project highway with supporting documents
19.16.2 The Authority's Engineer shall certify
the final payment certificate of Within 30 days of
Payment by the
maintenance segregating the items of receipt of final
Authority
amount payable from the items of payment statement
25 against the √ AE+Finance+CMC
amount disallowed. The Authority shall of maintenance
final payment
make payment on the basis of the final from the
statement
payment authorised by Authority's Contractor
maintenance Engineer
Within 15 days of
If the Authority's Engineer does not
the date of issue of The Contractor shall submit the statement in
26 19.16.3 19.16.1 prescribe the form referred to in clause √ √
completion such form as it deems fit
19.16.1
certificate
Within 15 days
from the date it
The Contractor shall notify the Authority with a
19.17.1 If the Contractor suffers additional costs becomes
27 √ copy to Authority's Engineer of such additional CMC+AE
Change in law as a result of change in law reasonably aware
cost due to change in Law
of such addition in
cost
Within 15 days
from the date it
Either party shall notify the other party with a
19.17.2 If the Contractor benefits reduction in becomes
28 √ copy to Authority's Engineer of such reduction CMC+AE
Change in law costs as a result of change in law reasonably aware
in cost due to change in Law
of such reduction
in cost
If the Authority considers itself to be
entitled to any payment from the
19.19 contractor , it shall give notice and 20 days before
29 Authority's particulars to the Contractor, and shall making the √
claims take into consideration any recovery
representation made by the Contractor
in this behalf

Article/Sub
Clause, if any
Subjected to a maximum of 3% of the

From the project
19.20 contract price, the contractor shall be
completion date to
30 Bonus for early entitled to receive a payment of bonus √ AE+CMC
scheduled
completion equivalent to 0.03% of the contract
completion date
price per day till the scheduled
completion date

Works matrix related to Article 20 (Insurance) of EPC Agreements
no. Clause, if any
The Contractor shall effect and maintain at its
1 20.1.1 Sch.P Insurance for works and maintenance √ AE through HO
own cost the insurances specified in Sch.P
The authority and the Contractor shall in
accordance with its obligations as
provided for in this agreement, be liable
21.6
2 20.1.2 to bear the cost of any loss or damage √ √
Article 20
that does not fall within the scope of this
article 20 or cannot be recovered from
the insurers
Within 30 The Contractor shall provide to the Authority, an
days of evidence of professional liability insurance and
3 20.1.6 Professional liability insurance √ AE through HO
appointed it should cover for a sum of not less than 3% of
date the contract price
The Contractor shall by notice furnish to the

No later Authority ,in reasonable detail, information in
than 15 respect of the insurances that it proposes to
days after effect and maintain in accordance with this
4 20.2 Notice to the Authority √ AE through HO
the date of article 10.
this Within 15 days of such receipt,the Authoriy may
agreement require the Contractor tp effect and maintain
such other insurances as may be necessary
Within 10
The Contractor shall furnish the Authority
days from
notarised true copies of the certificates of
5 20.3 Evidence of insurance cover the AE through HO
Insurance ,copies of insurance policies and
appointed
premia payment receipts…..
date

Works matrix related to Article 21 (Force majeure) of EPC Agreements
Article/Sub Linked or Responsibility on part

Sl. Clauses of Reference Time limit/ of Contractor Action Immediately after signing
Synopsis of Clause Department responsible Remarks
no. Clause, if any
The affected party shall not be entitled
to any relief in respect of a Force
21.5.2 No later
Majure event unless it shall have
Duty to than 10
notified other party of the occurrence of The contractor shall immediately give notice to
1 report Force days after √ √ CMC+AE
the Force Majure event as soon as the Authority's Engineer.
Majeure the affected
reasonably practicable, and in any
event party knew
event no later than 10 days after the
affected party knew
21.5.3 For so long as the affected party
continues to claim to be materially
Duty to affected by such force majeure event, it
2 21.5.1 √ √ AE+CMC
report Force shall provide the other party with regular
Majeure reports containing information as
event required by clause 21.5.1
Upon occurrence of any Force majeure
event ahter the appointed date, the
costs incurred and attributable to such
event and directly relating to this
agreement shall be allocated and paid
as follows:
a. Non political event, the parties shall
21.6.1 bear their respective FM costs
Effect of b. Indirect political event, all FM costs Contractor and Authority witin the time notify
3 Force attributable to indirect political event, √ √ eachother regaridng the Force mejeure cost CMC+AE
Majeure and not exceeding the insurance cover incurred.
event shall be borne by the Contractor.
if the FM costs exceeds the insurance
cover, one half of such excess amount
shall be reimbursed by the Authority to
the Contractor
c. political event, the Authority has to
reimburse the Contractor all FM costs
attributable to such an event
Upon occurrence of Force Majure event
during the construction period, the
21.6.3 project completion schedule for and in
Effect of respect of affected works shall be
4 Force extended on a day for day basis for √ CMC+AE
Majeure such period as performance of the
event Contractor's obligations is affected on
account of the Force Majure event or its
subsisting events
21.7.1 If a Force Majure event subsists for a

period of 60 days or more within a
Termination
continuous period of 120 days, either
5 notice for √ √ CMC+AE
party may in its discretion terminate this
Force Majure
agreement by issuing a termination
event
notice to the other party by giving a 15
days time to make representation

Works matrix related to Article 22 (Suspension of Contractor's rights) of EPC Agreements
no. Clause, if any
Upon occurrence Contractors default,
the Authority shall be entitled:
22.1 a. To suspend carrying out of works
Suspension b. Carryout such work or authorize any
1 upon oyher person. CMC
Contractor's Suspension shall be effective upon
default issue of notice by the Authority to the
contractor and may extend upto the
period of 90 days.
in the event of suspension is not

22.4
revoked within 90 days, Agreement shall
Termination withion 90
2 upon expiry of the aforesaid period be CMC+AE
in case of days
deemed to have been terminated by
suspension
mutual agreement of the parties

Works matrix related to Article 23 (Termination) of EPC Agreements
no. Clause, if any
Contractor has to complete the defauls within Wihtin 60
23.1.1
specified period or where cure period is not days or
termination Contractor need to rectify the notice given if
specified than within 60 days period
1 due to √ any by Authory or Authority's Engineer within CMC+AE
otherwise, contractor shall be deemed to be in setforth in
Ocntractor time line given
defaults of this CA and solely resposible for breach as per the
Defaults
of the agreement. defaults
Without prejudice to any other right or remedies
which the Authority may have under the
agreement, upon occurrence of a Contractor
Default (As described in Clause 23.1.1) the
Authority Shall be entitled to terminate this
23.1.2
agreement by issuing the Termination Notice to
Issuance of 15 days
the Contractor; provided that before issuing the
2 Termination prior to √ √ CMC+AE
Termination Notice the Authority shall by notice
notice by the notice
inform the Contractor of it’s intention to issue
Authority
such Termination Notice and grant 15 days to the
Contractor to make a representation, and may
after expiry of such 15 days, whether or not it is in
receipt of such representation, issue the
Termination Notice
Without prejudice to any other right or remedies
which the Contractor may have under the
agreement, upon occurrence of a Authority
Default (As described in Clause 23.2.1) the
Contractor Shall be entitled to terminate this
23.2.2
agreement by issuing the Termination Notice to
Issuance of 15 days
the Authority; provided that before issuing the
3 Termination prior to CMC+AE
Termination Notice the Contractor shall by notice
notice by the notice
inform the Contractor of it’s intention to issue
Contractor
such Termination Notice and grant 15 days to the
Authority to make a representation, and may after
expiry of such 15 days, whether or not it is in
receipt of such representation, issue the
Termination Notice
23.5.1 23.1,
Within 45 days after termination, Authority Valuation of unpaid works shall be
valuation of 23.2, Wihtin 45
4 Engineer shall determine valuation of unpaid √ communicated by Authority to contractor within
Unpaid 23,2 days
works a period of 30 Days
Works 18.5
Upon termination on Contractor’s default, the
Authority shall:
1. Encash and appropriate the PBG and
23.6.1
Retention Money or claim the amount stipulated in
Termination
clause 7.1.1 for any losses, delays and cost of
payment
completing the works and maintenance, if any.
Upon
5 2. Encash and appropriate the Advance BG, for CMC+Finance+AE
termination
and in respect of the outstanding Advance
on
Payment and interest thereon; and
Contractor’s
3. Pay to the contractor , by way of termination
default
payment, an amount equivalent to the valuation of
unpaid works after adjusting any other sums
payable or recoverable.
Upon termination on Authority default, the
Authority shall:
1. Return the PBG and Retention Money forthwith;
2. Encash and appropriate the Advance BG, for
and in respect of the outstanding Advance
Payment; and
23.6.2 3. Pay to the contractor an amount equal to;
Termination a) Valuation of unpaid works;
payment b) The reasonable cost, determined by the
6 Upon Engineer, of the plant and machineries procured CMC+Finance+AE
termination by the Contractor and transferred to the Authority
on Authority for it’s use, only if such plant and machineries are
default in conformity with the Specifications and
standards.
c) The reasonable cost of temporary works as
determined by the Engineer.
d) 10% of the cost of the Works and Maintenance
that are not commenced or not completed.
Payment become due and payable to Contractor

23.6.3 Delay shall not exceed 90 days,
within 30 days of a demand, Within 30
7 payment after Termination payment sjall constitute full
If fails to do so; Authority shall pay interest at the days
termination discharge from paymnet obligation
base rate Plus 2% extra calculated Quarterly

Works matrix related to Article 26 (Dispute resolution) of EPC Agreements
Linked or
Article/Sub
Sl. Reference Time limit/ Responsibility on part of Contractor Action Immediately after signing
Clauses of Synopsis of Clause Department responsible Remarks
No. Article/Sub frame of Agreement
Clause, if any
26.1.1 Any dispute, difference or controversy of
1 Dispute whatsoever nature shall be notified in writing √ √ CMC+AE
resolution by either party to the other party.
a. Either party may call upon the Engineer or

such other person as the parties may
mutually agree upon to act as “Conciliator” to
mediate and assist parties in arriving at an
amicable settlement.
b. Failing mediation by the conciliator either

party may require such dispute to be referred
to the Chairman of NHAI and the Chairman of
the Board of Director of the Contractor for
amicable settlement. Upon such reference
26.2
2 such persons shall meet no later than 7 √ √ CMC+AE
Conciliation
business days. If such meeting does not take
place within 7 business days period or Dispute
is not amicably settled within 15 days of the
meeting or Dispute is not resolved as
evidenced by the signing of written terms of
settlement within 30 days of the notice in
writing referred in clause 26.1.1 or such longer
period as may be mutually agreed by the
parties, either party may refer the Dispute to
Arbitration in accordance either the provisions
of cause 26.3.
1. Dispute shall be finally settled by the

arbitration in accordance with the Arbitration of
26.3
3 the SOCIETY FOR AFFORDABLE √ √ CMC
Arbitration
REDRESSAL OF DISPUTES (SAROD).

Works matrix related to Article 27 (Limitation and Liability) of EPC Agreements
Article/Sub Linked or Responsibility on part

Sl. Clauses of Reference Time limit/ of Contractor Action Immediately after signing
Synopsis of Clause Department responsible Remarks
no. Clause, if any
Neither party shall be liable to the other party for
27.18.1 loss of use of any works, loss of profit, loss of any
23,
1 Limitation of contract or for any indirect or consequential loss or
25
liability damage which may be suffered by the other party
in connection with the agreement
The total liability of one party to the other party
27.18.2
23, under and in accordance with the provisions of
2 Limitation of
25 this agreement shall not exceed the contract price
liability
.

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Date

DESIGN AND CONSTRUCTION OF

A.1 Name of Project

A.1.1 Mode of Execution

A.9 Request for Proposal (RFP) No. and Date

A.10 LOA No. and Date

A.16 Name of Design Consultant

Contact Person of Consultant (Name, Address & Contact

B.2 Date of Bid Opening

B.3 Date of LOA

C Financial & Commercial

C.1 Earnest Money Deposit/ Bid Security

C.2 Performance Guarantee/ Security Deposit

E Major Quantities of Work

Length of Project highway _

Defects liability period _

Date of Letter of Award _

Note: only relevent clause included

Note: only relevent clause included

Contractor shall submit an Additional

Note: only relevant clause included

Obtaining licences and permits for

The Authority representative and the

Request the Authority to appoint authorised

Note: only relevant clause included

Any cost or delay in construction arising

In case the Contractor fails to achieve

In the event the works are completed

10.3.3 No deduction on account of damages

The Contractor shall give notice to the

If the event or circumstance giving rise Interim Claim:

Note: only relevant clause included

Note: only relevant clause included

Note: only relevant clause included

Note: only relevant clause included

The Contractor shall maintain and

The Contractor shall request the Authority's

In the event of any delay in re-opening the lane

Contractor's failure to commence the

The Contractor at his own cost and expenses

Note: only relevant clause included

The Authority's Engineer shall carry out

Note: only relevant clause included

The Authority shall be entitled to get the

Note: only relevant clause included

Linked or Responsibility on part

18.7.2 Contractor's written representation to the Authority seeking

Note: only relevant clause included

Linked or Responsibility on part

Authority shall make an additonal

Linked or Responsibility on part

Linked or Responsibility on part

19.9.1 Payment shall be made within 30 days within 30 days from

Price adjustment shall be due and

Linked or Responsibility on part

Linked or Responsibility on part

Subjected to a maximum of 3% of the

Note: only relevant clause included

The Contractor shall by notice furnish to the

Note: only relevant clause included

Article/Sub Linked or Responsibility on part

21.7.1 If a Force Majure event subsists for a