Professional Documents
Culture Documents
Page | 237
Schedules 237
Schedule-A :- Site of the Project 241
1 The Site 242
Annexure-I : Site 242
Annexure-II : Dates for providing Right of Way of Construction Zone 245
Annexure-III : Alignment Plans 246
Annexure-IV : Environment Clearances 248
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Schedule-I :- Drawings 325
1 Drawings 325
2 Additional Drawings 325
Annexure-I : List of Drawings 326
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Schedule-Q :- Tests on Completion of Maintenance Period 344
1 Riding Quality test 344
2 Visual and physical test 344
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SCHEDULE- A
1. The Site
1.1 The Site of the project shall include the land, buildings, Structures and road works as
described in Annex-I of this Schedule-A.
1.2 The dates of handing over the Right of Way to the Contractor are specified in Annex-II
of this Schedule-A.
1.3 An inventory of the Site including the land, buildings, structures, road works, trees and
any other immovable property on, or attached to, the Site shall be prepared jointly by
the Authority Representative and the Contractor, and such inventory shall form part of
the memorandum referred to in Clause 8.2.1 of this Agreement
1.4 The alignment plans of the Project Highway are specified in Annex-III. In the case of
sections where no modification in the existing alignment of the Project Highway is
contemplated, the alignment plan has not been provided. Alignment plans have only
been given for sections where the existing alignment is proposed to be upgraded. The
proposed profile of the Project Highway shall be followed by the Contractor with
minimum FRL as indicated in the alignment plan. The Contractor, however, will
improve/upgrade the Road Profile as indicated in Annex-III based on site/design
requirement as per manual.
1.5 The status of the environment clearances obtained or awaited is given in Annex-IV.
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Annex-I
(Schedule-A)
Site
[Note: Through suitable drawings and description in words, the land, buildings,
structures and road works comprising the Site shall be specified briefly but
precisely in this Annex-I. All the chainages /location referred to in Annex-I to
Schedule-A shall be existing chainages.]
1. Site
The site of the “Widening of existing road to 2 lane/4 lane from km 98+450 to km
100+120 along with widening of existing Major Bridge near Manik Nagar at km
99+225 of NH-50 (Bidar - Humnabad Section) as one time improvement in the state
of Karnataka on EPC Mode under Annual plan 2021-22” comprises the Section of
National Highway-50 commencing from Km 98+450 to Km 100+120 (Including
Widening of Major Bridge portions) in the state of Karnataka. The land, carriageway
and stretches comprising the site are described below.
2. Land
The Site of the Project Highway comprises the land described below:
3. Carriageway
The present carriageway of the Project Highway is Two Lane Paved Shoulder is
provided. The type of the existing pavement is flexible. The details are given below.
4. Major Bridges
The Site includes the following Major Bridge:
Type of Structure No. of
S.l
Chainage Spans with Width
No Super-
(km) Foundation Sub- structure span length (m)
structure
(m)
RCC Abutment &
1 99.225 Open RCC Girder 4X16.8 8
Pier
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5. Road over-bridges (ROB)/ Road under-bridges (RUB):- Nil
6. Grade separators:-Nil
7. Minor bridges:-Nil
8. Railway level crossings:-Nil
9. Underpasses (vehicular, non-vehicular):- Nil
10. Culverts:- Nil
11. Bus bays and Shelter:-Nil
12. Truck Lay byes:-Nil
13. Road sidedrains:- Nil
14. Major Junctions:-
Category of Cross
SL Chainage, Leads To
At grade Road
No. Km
NH SH Other LHS RHS
1 99.980 3 legged - SH - - RHS
2 100.120 3 legged - SH - LHS -
15. Minor junctions:- The details of the minor junctions are as follows:
Design Leads to
Sl. Type of
Chainage
No. Junction LHS RHS
(Km)
1 98.540 T Junction - RHS
16. Bypasses:-Nil
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Annex-II
(Schedule-A)
Dates for providing Right of Way
The dates on which the Authority shall provide Right of Way to the Contractor on different
stretches of the Site are stated below:
Date of
Ex. Date of
Propose Addition Providin
Design Chainage Length RO Providing
Sl. d ROW al ROW Remarks g
(Km) (Km) W Additional
No. (m) (m) Existing
(m) ROW
ROW
From To
On
1 98.450 99.440 0.990 45 45 0 - Appointe
d Date
On
2 99.440 100.120 0.680 30 30 0 - Appointe
d Date
*The dates specified here in shall in no case be beyond 150 (one hundred and fifty) days
after the Appointed Date.
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Annex-III
(Schedule-A)
Alignment Plans
The existing alignment of the Project Highway shall be modified in the following sections
as per the alignment plan attached:
i. The alignment of the Project Highway is available on E-portal. Finished road level
indicated in the alignment plan shall be followed by the contractor as minimum FRL. In
any case, the finished road level of the project highway shall not be less than those
indicated in the alignment plan. The contractor may, however, improve/upgrade the Road
profile indicated in Annex-III based on site/design requirement.
ii. Indicative Traffic Signage plan of the Project Highway showing numbers & location of
traffic signs is enclosed. The contractor shall, however, improve/upgrade upon the traffic
signage plan as indicated in Annex-III based on site/design requirement and as per the
relevant specifications/IRC Codes/Manual.
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DETAILS OF EXISTING ELECTRICAL UTILITY SHIFTING
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Annex-IV
(Schedule-A)
Environment Clearances
the project highway does not involve additional right of way or land acquisition greater
than 40m on existing alignments and 60m on bypass, Environmental Clearance is not
required.
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SCHEDULE- B
Rehabilitation and augmentation shall include four lane and two lane with paved
shoulders configuration and widening/ Reconstruction/ New construction/
strengthening of the Project Highway as described in Annex-I of this Schedule-B and in
Schedule-C.
The Project Highway shall be designed and constructed in conformity with the
Specifications and Standards specified in Annex-I of Schedule-D.
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Annex-I
(Schedule-B)
1.1.1 The scope of the Project includes Widening of existing road to 2 lane/4 lane from km
98+450 to km 100+120 along with widening of existing Major Bridge near Manik
Nagar at km 99+225 of NH-50 (Bidar - Humnabad Section) which shall be as per the
mentioned drawing unless otherwise specified by the Authority and shown in the
alignment plans specified in Annex III of Schedule-A. Geometric deficiencies, if any, in
the existing horizontal and vertical profiles shall be corrected as per the prescribed
standards for plain/rolling terrain to the extent land is available.
1.2.1 Four Laning and Two-Laning with paved shoulders with Flexible pavement shall be
undertaken. The paved carriageway including the paved shoulder shall be in
accordance with the typical cross sections drawings attached in schedules.
Appropriate taper to be given at minimum of 1 in 30 as per the Manuals when there
is change in carriageway width.
1.2.2 Except as otherwise provided in this Agreement, the width of the paved carriageway
and cross-sectional features shall conform to paragraph 1.2.1 above.
2.1 General
Geometric design and general features of the Project Highway shall be in accordance
with Section 2 of the Manual (IRC-SP-73-2018 & IRC-SP:84-2019).
The design speed shall be the minimum design speed of 100 km per hr for plain/ Rolling
terrain, except ROW constraint.
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Wherever the design speeds are lesser than the ruling design speed corresponding to the
terrain conditions, all traffic calming measures, road signs, markings, rumble strips etc.,
shall be as per relevant IRC codes.
Realignment:
The existing road geometric deficiencies, if any, in the existing horizontal and vertical
profiles shall be corrected as per the prescribed standards for plain/rolling terrain to the
extent land is available.
2.3.3 Geometry of the existing road shall be improved as per alignment drawing included in
Annex-III of Schedule-A.
Reference
Sl. Name of From To Length Drain Cum Paved
TCS
No. Built-Up Footpath Shoulder
(Km) (Km) (Km) (No.)
2m Covered
1.5m Paved
Humnabad Drain cum
1 99.440 100.120 0.680 Shoulder on 2
Town Footpath on
either side
either side
b) In open country, paved shoulders of 1.0 m width shall be provided and balance 1.75m width
shall be covered with 150 mm thick compacted layer of granular material on either side.
c) Design and specifications of paved shoulders, granular material and paver block flooring shall
conform to the requirements specified in the relevant Manual.
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2.9 Cattle and pedestrian underpass /overpass:- Nil
Note:-
1. The cross-section schedule given in above table is indicative and stretches may
increase or decrease depending upon profile designed by contractor, however, this
shall not be treated as change of scope.
2. In all built up areas Pedestrian and Median railing shall be provided as per relevant
TCS. Suitable crossing shall be provided at Cross road approaches etc. if any..
3. TCS-1 from KM 99+080 to 99+190 and 99+270 to 99+440 is tapering portion (Ref TCS-1
dwg) which has to be constructed with layers. BC – 40, DBM – 75, WMM I – 125, WMM
II - 125, GSB – 200, Sub grade – 500, for extra tapering/widening portion shall be
adopted.
4. Minimum Taper Length shall be provided as per section 3.2.2 of IRC SP 84 2019.
All intersections and grade separators shall be as per Section 3 of the Manual
(IRC: SP 73-2018 and IRC-SP:84-2019). Existing intersections which are deficient shall be
improved to the prescribed standards of Manual and relevant IRC codes subject to the
minimum improvements shown in the alignment drawings as Annex-III of Schedule-A
within available ROW.
Properly designed intersections shall be provided at the locations and of the types and
features given in the tables below:
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Ex. Design Remarks
Sl. Type of Type of
Chainage Chainage Side Length
No. Junction Road
(Km) (Km)
I. Major Intersection
Junction shall be
developed for Intersecting
1 99.980 99.980 3 legged RHS 120m SH
road with valid turning
radius,
channelizers, zebra
crossings, turning lanes,
road signages and
markings, etc and Towards
Humnabad City TCS no.2
2 100.120 100.120 3 legged LHS 100m SH shall be developed with
complete subject to
minimum layout given in
the enclosed Standard
drawings for intersection
within the available ROW.
Minor Junction:
Note:-The cross road junctions as mentioned above shall be provided with all safety
measures as per IRC: 99-2018 manual.
Rumble Strips: -The cross road junctions as mentioned above shall be provided with Rumble strips
at the approach of junctions as per IRC: 99
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Note:-
1. It is clarified that if any other deficient junctions with cross BT/CC roads is identified
during development period in addition to those mentioned above shall be improved as
per standard set forth in Schedule ‘D’. Any Increase in the Number of junction specified
in the clause of Schedule-B shall not constitute a Change of Scope.
2. All junctions shall be developed as per Section-3 of IRC:SP: 73-2018 and IRC-SP:84-
2019. The indicative junction improvements are shown in alignment plan which are the
minimum requirements and may be further improved as per the Manual and relevant
IRC Codes within the available ROW.
3. Proper regrading of cross road Junction(Major and Minor) with crust composition
same as that of proposed crust on the main NH as specified length from the edge of the
main NH pavement shall be provided.
5 PAVEMENT DESIGN
5.1 Pavement design shall be carried out in accordance with the provision of relevant Manual
(IRC: SP 73-2018, IRC: SP 84-2019 and IRC 37-2018).
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Notwithstanding anything to the contrary contained in this Agreement or the Manual, the Contractor
shall design the pavement for design traffic of not less than 15MSA for Main carriageway for flexible
pavement with minimum design period of 15 years and CBR of subgrade as 10%. Minimum
pavement composition should be adopted as below.
Layer Thickness
Pavement Composition
2 Lane section 4 Lane section
Bituminous Concrete (VG-40) 40 mm 40 mm
DBM (VG-40) 75 mm 75 mm
Granular Base (WMM) 150 mm 250 mm
Granular Sub Base - 200 mm
Sub Grade - 500 mm
Total 265 mm 1065 mm
The full stretch of the existing road shall be widened, reconstructed and strengthening by scarifying
the existing carriageway and laying fresh pavement starting from base/ sub base level /
Embankment. These shall be designed as Flexible Pavement for the design traffic and to be
constructed as per minimum crust mentioned in clause 5.3.2.
a) Following stretches of the existing road shall be reconstructed. These shall be designed as new
flexible pavement.
(b) Other geometric improvements shall be as shown in the alignment plans at Annex –III of
Schedule-A within available ROW
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6 ROAD SIDE DRAINAGE
Note:-
1. Drain to be continued up to nearest out fall point as per directions of Authority/
Authority Engineer as part of the scope of this work.
2. Above length of the drain is indicative and is the minimum specified length of
drains. The actual length of the drain shall be determined by the Contractor in
accordance with the requirements of Manual with approval from the Authority's
Engineer. Any increase in the length specified in this Clause of Schedule B shall not
constitute a Change of Scope.
3. In TCS wherever RCC covered drains/ drains cum footpath are included, the drain
cover slab shall be designed making it trafficable lowering the top of cover slab level
to the pavement level to facilitate movement of cross road traffic at those points
where cross roads are joining to main carriageway.
4. In all built up areas RCC covered drains with Footpath shall be provided. The
drains shall be connected to nearby cross drainage structure by providing suitable
arrangement. Suitable crossing shall be provided at approaches to properties etc.
invert levels of drains shall be decided on the basis of ground slopes of adjoining
properties and open grounds.
7 DESIGN OF STRUCTURES
7.1 General
7.1.1 All bridges, culverts and structures shall be designed and constructed in accordance with
section 7 of the Manualand shall conform to the cross- sectional features and other details
specified therein. As per relevant GAD’s of Structure enclosed.
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7.1.3 The following bridges shall be provided with footpaths:
7.1.5 The following structures shall be designed to carry utility services specified in table
below:
7.1.6 Cross-section of the bridges at deck level for the Project Highway shall conform to the
typical cross-sections given in the provision of relevant Manual.
7.2 Culverts-
7.2.1 Overall width of all culverts shall be equal to the roadway width of the approaches.
Cross-section of the culverts at deck level for the Project Highway shall conform to the
typical cross- sections given in section 7.3 (i), (iii) and Fig.7.1 to Fig.7.5 of the Manuals.
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ii. New Box Culverts:
Proposed Details
Span
Existing Design
Sl. arrangement
Chainage Chainage Proposed
No. No. of vents Proposed
(km) (km) Structure TCS
x Clear Span Width (m)
Type
x Clear Vent
height (m)
1 99.440 99.440 BOX 1X2x2 23.5 2
7.2.6 Floor protection works shall be as specified in the relevant GAD of Culvert and IRC
Codes and Specifications
7.3 Bridges
(i) The existing bridges at the following locations shall be re-constructed as new Structures:Nil
Proposed Details
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Slope Protection works: The details of Minimum Slope Protection works i.e. Stone pitching with
Toe wall etc shall be as follows.
Sl.
Location Length (m) Remarks
No.
Major Bridge A1 and A2
1 At CH. 99.225 4x 90m
side
Note:- Above length of the slope protection work along with Toe wall is indicative and is the
minimum specified length. The actual length of Slope protection along with Toe wall shall be
determined by the Contractor in accordance with the requirements of Site. Any increase in the
length specified in this Clause of Schedule B shall not constitute a Change of Scope.
A. Bridges :
Major Bridge
Existing Design
Sl.
Chainage Chainage Type of repair required
No.
(km) (km)
Repair and Rehabilitation of RCC Girder, Deck
1 99.225 99.225 Slab, Pier and Abutment, Repair and Replacement
of Expansion Joints.
B. ROB/ RUB : Nil
C. Overpasses/Underpasses and other structures: Nil
7.6. List of Major Bridges and Structures
The following is the list of the Major Bridges and Structures:
Sl. Location
Remarks, if any
No. Design chainage (km)
1 99.225 Widening
8.1 Traffic control devices and road safety works shall be provided in accordance with the
provision of relevant Manual.
8.2 Specifications of the reflective sheeting shall be as per provision of relevant Manual
Specifications.
9 ROADSIDE FURNITURE
9.1 Road side furniture shall be provided in accordance with the provisions of the Manual.
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a) Traffic Signs
b) Crash Barrier
c) Delineators
d) Road Markings
9.2 Overhead traffic signs: location and size:- Nil
10 COMPULSORY AFFORESTATION
The number of trees which are required to be planted by the contractor as compensatory
afforestation should be as per Forest Conservation Act.
11 HAZARDOUS LOCATIONS
Road Side safety barriers shall be provided as per the Manual at all hazards locations such
as high embankmentwith height 3 m or more, road side obstacles, sharp curves, and
bridge approaches, overpasses and any other locations identified in consultation with
Authority Engineer during the execution of the project highway.
a) Retaining Walls: Retaining walls shall be Provide to arrest damage cause to the valley
side and the road, by under cutting by stream or other water course. Retaining walls shall
be provide at the following locations of the Project highways.
NIL
13 CHANGE OF SCOPE
The length of Structures and bridges specified here in above shall be treated as an
approximate assessment. The actual lengths as required on the basis of detailed
investigations shall be determined by the Contractor in accordance with the Specifications
and Standards. Any variations in the lengths specified in this Schedule-B shall not
constitute a Change of Scope, save and except any variations in the length arising out of a
Change of Scope expressly undertaken in accordance with the provisions of Article13.
The Contractor shall carry out the NSV survey as per the ministry circular RW/G-
23012/ 01/2019 -W&A (Pt. IV) dated: 15.12.2021 and directed by the AE as below and
submit the test results to the AE
a) Before start of work
b) Before issue of Provisional completion certificate
c) Every 6 months after completion of work.
The minimum parameters which have to be recorded during NSV survey in each
lane not limited to the following:
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i) Inventory of road: GPS coordinates, Pavement type, Terrain, Pavement width, Land
use, Shoulder type and width, drain type and width, median type and width, way side
amenities, crash barriers, signages etc
(Note: all inventory items shall be recorded on both sides of the road and geo-tagged with
images)
ii) Condition of road: Roughness, Rutting, distress (cracking, potholes, bleeding, surface
failure etc)
(Note: all inventory items shall be recorded for each lane and geo tagged)
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Appendix-B
Note:
GAD of Major Bridge is enclosed separately in E-portal.
TCS-1 from KM 99+080 to 99+190 and 99+270 to 99+440 is tapering portion (Ref TCS-1
dwg) which has to be constructed with layers. BC – 40, DBM – 75, WMM I – 125, WMM
II - 125, GSB – 200, Sub grade – 500, for extra tapering/widening portion shall be
adopted.
Minimum Taper Length shall be provided as per section 3.2.2 of IRC SP 84 2019
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Typical Cross-section along the Project Highway
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(Schedule B-1)
Utility Shifting:
The shifting of utilities shall be carried out by the Contractor. The Shifting of obstruction
existing utilities to an appropriate location in accordance with the standards and
specification of concerned Utility Owning Department is part of the scope of work of the
contractor/Concessionaire. The bidder may visit the site and assess the quantum of shifting
of utilities for the projects before submission of their bid. Copy of utility relocation plan is
enclosed. The specifications of concerned Utility Owning Department shall be applicable
and followed.
Notes:
The type/ spacing / size / specification of poles / towers / lines / cables/Pipe line to be used in
shifting work shall be as per the guidelines of Utility Owning Department and it is to be
agreed solely between the Contractor/ Concessionaire and the Utility Owning Department.
No change of scope shall be admissible and no cost shall be paid for using different type /
spacing / size / specification in shifted work in comparison to those in the existing work or
for making any overhead crossings to underground as per requirement of Utility Owning
Department and/or construction of project highway. The Contractor / Concessionaire shall
carry out joint inspection with Utility Owning Department and confirm the estimates from
the Utility Owning Department. The assistance of the Authority is limited to giving
forwarding letter on the proposal of Contractor/ Concessionaire to Utility Owning
Department whenever asked by the Contractor / Concessionaire. The decision/ approval of
Utility Owning Department shall be binding on the Contractor/ Concessionaire.
The supervision charge at the rates / charges applicable of the Utility Owning Department
shall be paid directly by the Authority to the Utility Owning Department as and when
Contractor/ Concessionaire furnishes demand of Utility Owning Department along with a
copy of estimated cost given by the later.
The dismantled material/ scrap of existing utility to be shifted / dismantled shall belong to
the Contractor/ Concessionaire who would be free to dispose- off the dismantled material as
deemed fit by them unless the Contractor/ Concessionaire is required to deposit the
dismantled material to Utility Owning Department as per the norm and practice and in that
case the amount of credit for dismantled material may be availed by the Contractor /
Concessionaire as per estimate agreed between them.
The utilities shall be handed over after shifting work is completed to Utility Owning
Department to their entire satisfaction. The maintenance liability shall rest with Utility
Owning Department after handing over process is completed as far as utility shifting works
are concerned.
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PROPOSED ELECTRICAL UTILITY SHIFTING
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PROPOSED WATERSUPPLY PIPELINE SHIFTING
Sl.
Particulars Total
No.
1 Sinking of Borewell As per Approved Estimate
2 Providing Water supply pipeline As per Approved Estimate
3 Providing pump house ( cistern) As per Approved Estimate
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SCHEDULE- C
(See Clause 2.1)
PROJECT FACILITIES
1 Project Facilities:-
The Contractor shall construct the Project Facilities in accordance with the provisions of
this Agreement. Such Project Facilities shall include:
i. Traffic Signs
ii Pavement Marking
Pavement marking shall cover road marking for the entire Project highway as per
Schedule D. however actual to be provided as per the relevant manual and directions of
the Authority Engineer. Locations of the different pavement markings shall be finalized
with the consultation of Authority Engineer.
Provide W-beam crash barrier (along with Reflective Tape) along the Project highway at
the location as per the relevant manual mentioned in schedule D and as directed by AE.
The minimum length of 400 mtr shall be provided.
Design Chainage
Total
Sl. No (Km) Side Remarks
Length, m
From To
1 99.100 99.190 180 BHS 90 m on each side
2 99.270 99.380 220 BHS 110 m on each side
iv. Delineators
Delineators (Road way indicator, hazard makers, objects marker etc.) for Entire Project as
per the relevant manual mentioned in Schedule-D.
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Raised Reflective pavement markers for the entire Project as per manual mentioned in
Schedule-D and at the locations as directed by AE.
vi. chevron boards, hazard markers, place identification boards, reassurance signs,
boundary stone, Hectometre/ Kilometre stones, RCC road boundary pillars in the entire
Project Road as per manual mentioned in Schedule-D and as directed by AE.
Pedestrian MS guard rail facilities on drain cum footpath & in Median shall be provided
in all built up sections as per relevant TCS & as per specifications and standards specified
in Schedule D. The minimum length of 2040 m shall be provided.
Note:
1.In case of any discrepancy in numbers or locations of any of the project facilities
mentioned in this Schedule C, shall be constructed and provided in consultation with the
Authority Engineer as per site/design requirement and shall not constitute as change of
Scope.
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2. Wherever the design speeds are lesser than the ruling design speed corresponding to the
terrain conditions, all traffic calming measures, road signs, markings, rumble strips etc.,
shall be as per relevant IRC codes.
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SCHEDULE- D
(See Clause 2.1)
1 Construction
The Contractor shall comply with the Specifications and Standards set forth in Annex-I
of this Schedule-D for construction of the Project Highway.
As regards, the work of utility shifting, the relevant specification, relevant rules,
regulations and acts of Utility Owning Department! Agencies shall be applicable.
2 Design Standards
The design of Bridge components shall conform to design requirements set out in
relevant IRC standards/Specifications and Special Publications.
The Project Highway including Project Facilities shall conform to design requirements
set out in the following documents:
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Annex-I
(Schedule-D)
All Materials, works and construction operations shall conform to the Manual of
Specifications and Standards for Four Laning of Highways (Second Revision) (IRC: SP:
84-2019) and for Two-Laning of Highways with Paved Shoulder (Second Revision)
(IRC:SP:73-2018), referred to as the Manuals, and Latest MORTH Specifications for
Road and Bridge Works. Where the specification for a work is not given, Good
Industry Practice shall be adopted to the satisfaction of the Authority’s Engineer.
2.3 Deviations from the aforesaid Specifications and Standards shall be listed out here.
Such deviations shall be specified only if they are considered essential in view of
project-specific requirements
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Schedule - E
(See Clauses 2.1 and 14.2)
Maintenance Requirements
1. Maintenance Requirements
2.1 The Contractor shall, at all times maintain the Project Highway in accordance with
the provisions of this Agreement, Applicable Laws and Applicable Permits.
2.2 The Contractor shall repair or rectify any Defect or deficiency set forth in Paragraph2
of this Schedule-E within the time limit specified therein and any failure in this
behalf shall constitute non-fulfillment of the Maintenance obligations by the
Contractor. Upon occurrence of any breach hereunder, the Authority shall be
entitled to effect reduction in monthly lump sum payment as set forth in Clause 14.6
of this Agreement, without prejudice to the rights of the Authority under this
Agreement, including Termination thereof.
2.3 All Materials works and construction operations shall conform to the MORTH
Specifications for Road and Bridge Works, and the relevant IRC publications. Where
the specifications for a work are not given, Good Industry Practice shall be adopted.
[Specify all the relevant documents]
In respect of any Defect or deficiency not specified in Annex - I of this Schedule- E, the
Authority’s Engineer may, in conformity with Good Industry Practice, specify the
permissible limit of deviation or deterioration with reference to the Specifications and
Standards, and any deviation or deterioration beyond the permissible limit shall be repaired
or rectified by the Contractor within the timelimit specified by the Authority’s Engineer.
Notwithstanding anything to the contrary specified in this Schedule-E, if the nature and
extent of any Defect or deficiency justifies more time for its repair or rectification than the time
specified herein, the Contractor shall be entitled to additional time in conformity with Good
Industry Practice. Such additional time shall be determined by the Authority’s Engineer and
conveyed to the Contractorand the Authority with reasons thereof.
5. Emergency repairs/restoration:
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to property, the Contractor shall promptly take all reasonable measures for eliminating or
minimizing such danger.
The Contractor shall, through its engineer, undertake a daily visual inspection of the Project
Highway and maintain a record thereof in a register to be kept in such form and manner as
the Authority’s Engineer may specify. Such record shall be kept in safe custody of the
Contractor and shall be open to inspection by the Authority and the Authority’s Engineer at
any time during office hours.
The Contractor shall carry out a detailed pre-monsoon inspection of all bridges, culverts and
drainage system before [1st June] every year in accordance with the guidelines contained in
IRC: SP35. Report of this inspection together with details of proposed maintenance works as
required on the basis of this inspection shall be sent to the Authority’s Engineer before the
[10th June] every year. The Contractor shall complete the required repairs before the onset of
the monsoon and send to the Authority’s Engineer a compliance report. Post monsoon
inspection shall be done by the [30th September] and the inspection report together with
details of any damages observed and proposed action to remedy the same shall be sent to the
Authority’s Engineer.
All damages occurring to the Project Highway on account of a Force Majeure Event or willful
default or neglect of the Authority shall be undertaken by the Authority at its own cost. The
Authority may instruct the Contractor to undertake the repairs at the rates agreed between
the Parties.
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Annex – I
(Schedule-E)
The Contractor shall repair and rectify the Defects and deficiencies specified in this Annex-I of Schedule-E within the ti
MORT&H
Rutting --------Nil----- < 5 mm Dail Straight 15 -30 days Specificati
--- y Edge
on 3004.2
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Asset Perform Frequenc Tools Time limit Maintena
Type ance Level of Service (LOS) y of /Equipment Standards and for nce
Paramet Inspect References for Rectification/ Specificat
er ion Inspection and Data Repair ions
Analysis
Desirable Acceptable
< 1 % of area Scale, Tape, MORT&H
Bleeding ----Nil---- Daily odometer etc. 3-7 days Specificati
on 3004.4
Page | 285
Asset Performa Frequenc Time limit Maintena
Type nce Level of Service (LOS) y of Tools/ Standards and for nce
Parameter Inspect References for Rectification/ Specificat
ion Equipment Inspection and Data Repair ions
Analysis
Desirable Acceptable
Roughness 1800 2400 Bi- IRC:82-
Class I 180 days
BI mm/km mm/km Annually Class I Profilometer: ASTM 2015
Profilometer
Bi- E950 (98)
SCRIM
Skid 60SN 50SN Annually :2004 –Standard Test Method 180 days BS: 7941-1:
(Sideway- force
Number for measuring Longitudinal 2006
Coefficient
Routine Profile of Travelled Surfaces
Pavement Bi- with Accelerometer IRC:82-
3 2.1 Investigation 180 days
Condition Annually Established Inertial Profiling 2015
Machine or
Index Reference ASTM E1656 -94:
equivalent)
2000- Standard Guide for
Classification of Automatic
Pavement Condition Survey
Equipment
Page | 286
Asset Perform Frequency Tools/ Standards and Time limit Maintena
Type ance Level of of Inspect Equipment References for for nce
Paramet Service (LOS) ion Inspection and Data Rectification/ Specificat
er Repair i ons
Analysis
Desirable Acceptable
Other Bi- IRC:82-
Pavement Annually 2-7 days 2015
Distresses
Deflection/ Falling Weight IRC 180 days
Remaining Annually Deflectometer 115: IRC:115-
Life 2014 2014
Page | 287
approach er ion Repair ons
es of Equipment
connectin
g roads, Desirable Acceptab
slip roads, le
lay byes Minimum Traffic Coefficient
etc. as SN Speed Routine
applicable (Km/h) Investigatio
n Machine
)
36 50 or
equivalent)
33 65
32 80
31 95
31 110
Page | 288
Asset Perform Freque Time limit Maintena
Type ance Level of Service (LOS) ncy of Tools/ Standards and References for for nce
Paramet Inspect Inspection and Data Analysis Rectification/ Specificat
er er ion Equipment Repair ions
Desirable Acceptabl
e
<15 % MORT&H
--------Nil------ variation Dail 7-15 days Specificati
Embankm
-- in y o n 408.4
ent Slopes
prescribe
Page | 289
Asset Perform Level of Freque Tools/ Standards and References for Time limit Maintena
Type ance Service ncy of Equipment Inspection and Data Analysis for nce
Paramet (LOS) Inspect Rectification/ Specificat
er ion Repair ions
Desirable Acceptabl
e
side
slope
Embankm MORT&H
ent --------Nil------ --------Nil-- Daily NA 7-15 days Specificatio
Protection -- ------
n
Rain Cuts/ --------Nil------ --------Nil-- Daily 7-15 days
Gullies in -- ------ Special MORT&H
slope ly NA Specificatio
During n
Rainy
Season
In addition to the above performance criterion, the contractor shall strictly maintain the rigid pavements as per requirements in the following table.
Page | 290
Table -3: Maintenance Criteria for Safety Related Items and Other Furniture Items:
Asset Performance Level of Service (LOS) Frequency of Testing Recommended Time limit for Specificatio
Type Parameter Measurement Method Remedial Rectification n s and
measures Standards
Availability As per IRC SP :84-2014, a minimum of Manual Removal of obstruction within 24 IRC:SP
Highway of Safe safe stopping sight distance shall be Measuremen hours, in case of sight line 84-
Sight available throughout. ts with affected by temporary objects 2014
Distance Odometer such as trees, temporary
Monthly
along with encroachments.
Design Desirable Safe video/ image In case of permanent structure
Speed, Minimum Sight Stoppin g backup or design deficiency:
Sight Removal of
kmph Distance (m)
Distance obstruction/improvement of
(m) deficiency at the earliest
Speed Restriction boards
100 360 180 and suitable traffic calming
measures such as transverse bar
80 260 130 marking, blinkers, etc. shall be
applied during the period
of
rectification.
Page | 291
Asset Performance Level of Service (LOS) Frequency of Testing Recommended Time limit for Specification
Type Parameter Measuremen Method Remedial Rectification s and
t measures Standards
During expected life Service As per Re - painting Cat-1 Defect – IRC:35-
Time Cement Road - Monthly Annexure-D of within 24 hours 2015
Day time IRC:35-2015
130mcd/m2/lux Cat-2 Defect –
Visibility Bituminous Road within 2
- 100mcd/m2/lux months
Initial and Minimum As per Re - painting Cat-1 Defect – IRC:35-2015
Performance for Dry Retro Annexure-E of within 24 hours
reflectivity during IRC:35-2015 Cat-2 Defect –
night time: within 2
Design (RL) Retro months
Speed Reflectivity
(mcd/m2/lux)
Initial Minimum
(7 days) Threshold level
(TL) & warranty
Night Time period equired Bi-Annually
Visibility up to 2 years
Up to 65 200 80
Page | 292
Asset Performance Level of Service (LOS) Frequency of Testing Method Recommende Time limit for Specifications
Type Parameter Measurement d Remedial Rectification and Standards
measures
Initial 7 days Retro reflectivity:
100mcd/m2/lux
Minimum Threshold Level: 50
mcd/m2/lux
Initial and Minimum performance As per Within 24 hours IRC:35-2015
for Skid Resistance: Annexure-G of
Initial (7days): 55BPN Min. IRC:35-2015
Threshold: 44BPN
*Note: shall be considered under
Skid
urban/city traffic condition Bi-Annually
Resistance
encompassing the locations like
pedestrian crossings, bus bay, bus
stop, cycle track intersection
delineation, transverse bar
markings
Etc
Visual with Improvement 48 hours in case IRC:67-2012
Shape and Shape and Position as per IRC:67- video/image of shape, in of Mandatory
Position 2012. backup Testing case if shape Signs, autionary
Road
Retro Signboard should be clearly visible of each is damaged. and Informatory
Signs
reflectivity for the design speed of the section. Relocation as Signs (Single and
Daily per Dual post
As per specifications in IRC:67-2012
Bi-Annually requirement signs) 15 Days in
hange of case of
Ign board Gantry/Cantilver
Sign boards 48 IRC:67-2012
hours in case of
Page | 293
Mandatory
Performance Level of Service (LOS) Frequency of Testing Method Recommende Time limit for Specification s
Asset Parameter Measurement d Remedial Rectification and Standards
Type measures
signboard using Signs,
Retro Reflectivity autionary
Measuring
Device.In and
Accordance with Informatory
ASTM D 4956-09. Signs (Single
and Dual post
signs)
1 Month in
case of
Gantry/Cantile
ver Sign
boards
Kerb As per IRC 86:1983 depending Bi- Use of distance Raising Kerb Within 1 IRC 86:1983
Height upon type of Kerb Annually Measuring tape Height Month
Kerb Kerb Painting Functionality: Functioning of Daily Visual with video/ Kerb Within 7-days IRC 35:2015
Kerb painting as intended image backup Repainting
Reflective Numbers and Functionality as per Daily Counting New Within 2 IRC:SP:84-
Pavement specifications in IRC:SP:84-2014 and Installation months 2014, IRC:35-
Other Markers (Road IRC:35-2015, unless specified in 2015
Road Studs) Schedule-B.
Furnitu Pedestrian Functionality: Functioning of Daily Visual with Rectification Within 15 days IRC:SP:84- 2014
re Guardrail guardrail as intended Video/ image
backup
Traffic Safety Functionality: Functioning of Safety Daily Visual with Rectification Within 7 days IRC:SP:84-
Barriers Barriers as intended video/ image 2014, IRC:119-
Page | 294
backup 2015
End Treatment Functionality: Functioning of Daily Visual with Rectification Within 7 days IRC:SP:84-
of End Treatment as intended video/image 2014,
Page | 295
Level of Service (LOS) Frequency of Recommended Specification
Asset Performance Measuremen Remedial Time limit for s and
Testing
Type Parameter t measures Rectification Standards
Method
Traffic backup IRC:119-
Safet 2015
y Barriers
Functionality: Functioning Daily Visual with Within 7 days IRC:SP-2014,
Attenuators of Attenuators as video/image Rectification IRC:119-
intended backup 2015
Guard Posts Functionality: Functioning of Daily Visual with Rectificati IRC: 79 -
and GuardPosts and Delineators as video/image on Within 15 days 1981
Delineator intended backup
s
Overhead Overhead sign structure shall be Daily Visual Within 15 days IRC:67-2012
Sign Structure structurally adequate wit Rectification
h video/image
backup
Traffic Functionality: Functioning of Traffic Daily Visual Within 7 days IRC:SP:84-
Blinkers Blinkers as intended wit Rectification 2014
h video/image
backup
Illumination: The Improvement 24 hours IRC:SP:84-
Minimum 40 Lux illumination on illumination in 2014
Daily
Highwa Highwa the road surface level shall be Lightin
y y Lights measured with g System
luxmeter
Lighting No major failure in the Rectification IRC:SP:84-
Daily - 24 hours
System lighting system o 2014
f failure
No minor failure in the lighting Monthly - Rectification 8 hours IRC:SP:84-
system o 2014
Page | 296
f failure
Page | 297
Vegetation Visual with Removal of Trees Immediate IRC:SP 84-
affecting Sight line shall be free Daily video/image 2014
sight line and from obstruction by backup
road vegetation
structures
Cleaning - Daily - - Every 4 hours
o
f
Rest toilets
Areas Defects - Rectification 24 hours
in
electrical, - Daily
water
an
d sanitary
installations
Page | 298
Frequency of Recommended Specification
Asset Performan Time limit
Level of Service (LOS) Measuremen t Testing Remedial s and
Type ce for
Method measures Standards
Paramete Rectificatio
r n
Other - Rectification 15 days IRC:SP 84-
Project Damage or deterioration in Approach Roads, 2014
Facilities pedestrian facilities, truck lay-bys, bus-bays, Daily
and bus- shelters, cattle crossings, Traffic Aid Posts,
Approac h Medical Aid Posts and other works
roads
Inspection by Cleaning silt up 15 days
Free Bridge soils and debris before onset of IRC 5-2015,
2 times in a Engineer as in culvert barrel monsoon and
waterway/ 85% of culvert normal flow area to IRC
year (before per IRC SP: after rainy within 30 days
unobstructe available. SP:40
and after 35-1990 and season, removal after end of
d
rainy season) recording of -
flo of bushes and rainy
1993 and
w depth of silting vegetation, U/s of season.
IRC
Pipe/box/ section and area of barrel, under
SP:13
slab vegetation. barrel and D/s of
- 2004
barrel before
culverts
rainy season.
Physical 30 days or
Leak-proof inspection of before onset of
No leakage through expansion rains IRC SP:40-
expansion Fixing with
expansion joints Bi-Annually joints as per whichever 1993 and
joints
IRC SP: 35- comes IRC SP:69-
i
1990 if any, earlier 2011
f any
for leakage
strains on
Page | 299
walls at joints.
Bridges Riding
including quality or No pothole in wearing coat on MORT&H
Visual Repairs to BC
ROBs user bridge deck Daily 15 days Specificatio
inspection as or wearing coat
Flyover comfort n 2811
per IRC
etc.as
SP:35-1990
Page | 300
applicable
Repairs to BC
Visual on either side of MORT&H
Bumps No bump atexpansion joint Daily inspection as expansion 15 days Specificatio
per IRC joints, profile n 3004.2
SP:35- 1990 correction
course on
&
approach slab
Bridge - 2811.
in case of
Super
settlement to
Structure
approach
embankment
User
safety No damaged or missing stretch of Visual IRC: 5-1998,
(condition crash barrier or pedestrian hand inspection Repairs and IRC SP: 84-
of crash railing and replacement of 2014 and
Daily 3days
barrier d safety barriers IRC SP: 40-
and etailed as the case may 1993.
guard condition be
rail) survey as per
IRC SP: 35-
1990.
Rusted Not more than All the corroded
reinforcem 0.25 sq.m reinforcement
ent shall need to be
Page | 301
Spalling of Not more than Detailed condition survey thoroughly IRC SP: 40-
concrete 0.50 sq.m as per IRC SP: 35-1990 leaned from 1993
Bi- using Mobile Bridge using and 15 days an
Annuall Inspection Unit applied with
Delaminati Not more than 0.50 sq.m d MORTH
y epoxy mortar /
on Specificati
concrete.
on 1600.
Detailed condition survey Grouting with IRC SP: 40-
as per IRC SP: 35-1990 epoxy mortar, 1993
Cracks using Mobile Bridge inv
Not more than 1m an
wider Bi-Annually Inspection Unit estigating 48 Hours
total length d MORTH
than causes for
Specificatio
0.30 mm rehabilitation.
n 2800.
Deflection Within design Once in Carry out major IRC SP: 51-
limits. every 10 Load test method rehabilitation 1999.
due to 6 months
years for works on bridge
permanent
to retain original
loads spans more
design loads
an than 40 m
capacity
d live
Page | 302
loads
Once
i
nevery 5
Vibrations yearsfor
Frequency
in spans Laser displacement AASHT
o Strengthening of
bridg more than sensors or laser 4 months O LRFD
fvibrations shall super
e deck due 30m and vibro-meters
not be more than structure specifications
to moving every 10
5 Hz
trucks years for
spans
between 15
to 30 m
Page | 303
No damage to
elastomeric
sealant
compound in
strip seal Detailed condition
expansion joint, MORTH
Leakage in survey as per IRC
no leakage of Replace of seal specifications
Expansion Bi-Annually SP:35-1990 using 15 days 2600 and
rain water Mobile inexpansion
joints
through joint IRC
Bridg
expansion joint SP: 40-1993.
e Inspection Unit
in case of buried
and asphalt plug
and
copper strip joint.
Debris No dust or Detailed condition Cleaning of MORTH
and dust debris in Monthly survey as per IRC expansion 3 days specification
i expansion joint SP:35-1990 using joint gaps thoroughly s 2600 and
n
strip seal
Page | 304
expansio gap. Mobile IRC SP: 40-
n joint Bridg 1993.
e Inspection Unit
No down take Cleaning of drainage
pipe spouts
missing/broken thoroughl
below soffit of Detailed condition y. Replacement
the deck slab. survey as per IRC of MORTH
Drainag SP: 35-1990 using
No silt, Monthly missing/broken down 3 days specificatio
e spouts Mobile
debris, take pipes with a n 2700.
clogging Bridg minimum pipe extension
of drainage e Inspection Unit of 500mm below soffit of
spout slab. Providing sealant
collection around the drainage
chamber. spout
if any leakages observed.
All the
corroded
reinforcement shall need IRC SP: 40-
to be thoroughly cleaned
1993
Cracks/sp Detailed condition from rusting and applied
No an
alling survey as per IRC with anti-
Bridge- cracks d MORTH
o Bi-Annually SP: 35-1990 using corrosive coating before 30 days
substructure , spalling specificatio
f concrete/ Mobile carrying out
of n 2800.
rusted Bridg repairs to
concrete
steel e Inspection Unit substructure
an
by
drusted steel
grouting/guniting and
micro
concretin
Page | 305
g depending on type
of defect noticed
Delamination of
bearing
reinforcement In case of failure of even
not more one bearing on any
Detailed condition pier/abutment, all the MORTH
than 5%,
survey as per IRC bearings on that specificatio
cracking or
Bearings Bi- SP: 35-1990 using pier/abutment shall be 3 months n 2810 and
tearing of IRC SP: 40-
Annually Mobile replaced, in order to get
rubber not more 199.
Bridg uniform load transfer on
than 2locations
e Inspection Unit to bearings.
per
side, no rupture
of reinforcement
or rubber
Page | 306
Bridge Scouring Scouring shall Condition survey
Foundations around not be lower and Suitable IRC SP: 40-
foundati than maximum Bi- visua protectio 1993, IRC
o ns scour level for Annually n works 1 month 83-2014,
l
the bridge around MORTH
inspection as per
pier/abutment specificati
IRC SP:35-
o n 2500
1990
using
Mobil
e Bridge
Inspection Unit.
In case of doubt,
use Underwater
camera for
inspection of deep
wells in major
Rivers.
Protectio Damaged of 2 times in 30 IRC: SP 40-
n rough stone a year Condition survey Repairs to days 1993
work apron or bank (before as per IRC SP:35- damaged after an
s revetment not and after 1990 defect d IRC:SP:13-
aprons and pitching.
in more than 3 rainy observatio 2004.
goo season) n or 2
d
condition
Page | 307
sq.m, damage weeks
to solid before
apron onset of
(concrete rainy
apron) season
whichever
not more is earlier.
than
1 sq.m
Note: Any Structure during the entire contract period which is found that does not complies with all requirements of this Table will be
prepared, rehabilitated or even reconstructed under the scope of the contractor.
Page | 308
Table 4: Maintenance Criteria for Structures and Culverts:
Table 5: Maintenance Criteria for Hill Roads
In addition to above, for hill roads the following provisions for maintenance is
also to done.
Hill Roads
Note: For all tables 1 to 5 above, latest BIS & IRC standards (even
Page | 309
A. Flexible Pavement
Page | 310
Time limit for repair/
Nature of Defect or deficiency
rectification
(v) Removal of vegetation affecting sight line 15 (fifteen) days
androad structures
(f) Rest area
Bridges
(a) Superstructure
(i) Any damage, cracks, spalling/ within 48 (forty eight) hours
scalingTemporary measures within 15(fifteen) days or as
Permanent measures specified by theAuthority’s
Engineer
(b) Foundations
Page | 311
Time limit for repair/
Nature of Defect or deficiency
rectification
(iii) Damage or deterioration in kerbs, parapets, 3 (three) days
handrails and crash barriers (immediatelywithin 24
hours if posing danger to
safety)
(iv) Rain-cuts or erosion of banks of the side 7 (seven) days
slopesof approaches
(v) Damage to wearing coat 15 (fifteen) days
(vi) Damage or deterioration in approach slabs, 30 (thirty) days
pitching, apron, toes, floor or guide bunds
(vii) Growth of vegetation affecting the structure 15 (fifteen) days
orobstructing the waterway
(g) Hill Roads
(i) Damage to retaining wall/breast wall 7 (seven) days
(ii) Landslides requiring clearance 12 (twelve) hours
(iii) Snow requiring clearance 24 (twenty four) hours
[Note: Where necessary, the Authority may modify the time limit for repair/rectification, or add
to the nature of Defect or deficiency before issuing the bidding document, with the
approval of the competent authority.]
Page | 312
Schedule - F
(See Clause 4.1 (vii)(a))
Applicable Permits
1. Applicable Permits
1.1 The Contractor shall obtain, as required under the Applicable Laws, the
following Applicable Permits:
e) License from inspector of factories or other competent Authority for setting up batching
plant;
g) Clearance of Village Panchayats and Pollution Control Board for setting up asphalt
plant;
h) Permission of Village Panchayats and State Government for borrow earth; and
Page | 313
Schedule – G
(See Clauses 7.1 and 19.2)
Annex-I
(See Clause 7.1)
WHEREAS:
(B) The Agreement requires the Contractor to furnish a Performance Security fordue and
faithful performance of its obligations, under and in accordance with the Agreement,
during the {Construction Period/ Defects Liability Period and Maintenance Period}
(as defined in the Agreement) in a sum of Rs…. cr. (Rupee’s
....................................................................... crore) (the “Guarantee Amount”).
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects
Liability Period and Maintenance Period} under and in accordance with the
Agreement, and agrees and undertakes to pay to the Authority, upon its mere first
written demand, and without any demur, reservation, recourse, contest or protest,
and without any reference to the Contractor, such sum or sums up to an aggregate
sum of the Guarantee Amount as the Authority shall claim, without the Authority
being required to prove or to show grounds or reasons for its demand and/or for the
sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of
[General Manager in the National Highways Authority of India], that the Contractor
has committed default in the due and faithful performance of all or any of its
Page | 314
obligations under and in accordance with the Agreement shall be conclusive, final
and binding on the Bank. The Bank further agrees that the Authority shall be the sole
judge as to whether the Contractor is in default indue and faithful performance of its
obligations during and under the Agreement and its decision that the Contractor is
in default shall be final and binding on the Bank, notwithstanding any differences
between the Authority and the Contractor, or any dispute between them pending
before any court, tribunal, arbitrators or any other authority or body, or by the
discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for theAuthority
to proceed against the Contractor before presenting to the Bank itsdemand under this
Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of
the Bank under this Guarantee, to vary at any time, the terms and conditions of the
Agreement or to extend the time or period for the compliance with, fulfilment and/ or
performance of all or any of the obligations of the Contractor contained in the
Agreement or to postpone for any time, and from time to time ,any of the rights and
power sex excisable by the Authority againstthe Contractor, and either to enforce or for
bear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be released
from its liability and obligation under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason of time
being given to the Contractor or any other forbearance, indulgence, act or omission
on the part of the Authority or of any other matter or thing whatsoever which under
any law relating to sureties and guarantors would but for this provision have the
effect of releasing the Bank from its liability and obligation under this Guarantee and
the Bank hereby waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or
security now or which may hereafter be held by the Authority in respect of or
relating to the Agreement or for the fulfilment, compliance and/or performance of all
or any of the obligations of the Contractor under the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under
this Guarantee is restricted to the Guarantee Amount and this Guarantee will remain
in force for the period specified in paragraph & below and unless a demand or claim
in writing is made by the Authority on the Bank under this Guarantee all rights of
the Authority under this Guarantee shall be forfeited and the Bank shall be relieved
from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank
shall be discharged from its liabilities hereunder.
Page | 315
9. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of the Authority inwriting, and declares and warrants
that it has the power to issue this Guarantee and the undersigned has full powers to
do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise here under may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorised to receive such notice and to effect payment thereof forthwith, and
if sent by post it shall be deemed to have been given at the time when it ought to
have been delivered in due course of post and in proving such notice, when given by
post, it shall be sufficient to prove that the envelope containing the notice was posted
and a certificate signed by an officer of the Authority that the envelope was so posted
shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released
earlier by the Authority pursuant to the provisions of the Agreement.
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of
the officer(s) signing the guarantee.
(ii) The address, telephone number and other details of the head office of the Bank
as well as of issuing branch should be mentioned on the covering letterof issuing
branch.
$ Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with
Clause 7.2 of the Agreement).
Page | 316
Annex – II
(Schedule - G)
[Chief Engineer
Karnataka ]
WHEREAS:
(A) [name and address of contractor] (hereinafter called the “Contractor") has executed
an agreement (hereinafter called the “Agreement”) with the [name and address of
the authority], (hereinafter called the “Authority”) for the construction of the *****
section of [National Highway No. 561A] on Engineering, Procurement and
Construction (the “EPC”) basis, subject to and in accordance with the provisions of
the Agreement
(B) In accordance with Clause19.2 of the Agreement, the Authority shall make to the
Contractor an interest bearing @Bank Rate + 3% advance payment(herein after
called “Advance Payment”) equalto10%(ten percent) of the Contract Price; and that
the Advance Payment shall be made in two installments subject to the Contractor
furnishing an irrevocable and unconditional guarantee by a scheduled bank for an
amount equivalent to 110% (one hundred and ten percent) of such installment to
remain effective till the complete and full repayment of the installment of the
Advance Payment as security for compliance with its obligations in accordance
with the Agreement.The amount of {first/second} installment of the
AdvancePayment is Rs. ------ cr. (Rupees ------ crore) and the amount of this
Guarantee is Rs.----- cr. (Rupees crore) (the “Guarantee Amount”)$.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for theAuthority
to proceed against the Contractor before presenting to the Bank itsdemand under this
Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of
the Bank under this Guarantee, to vary at any time, the terms and conditions of the
Advance Payment or to extend the time or period of its repayment or to postpone for
any time, and from time to time, any of the rights and powers exercisable by the
Authority against the Contractor, and either to enforce or forbear from enforcing any
of the terms and conditions contained in the Agreement and/or the securities available
to the Authority, and the Bank shall not be released from its liability and obligation
under these presents by any exercise by the Authority of the liberty with reference to
the matters aforesaid or by reason of time being given to the Contractor or any other
for bearance, indulgence, act or omission on the part of the Authority or of any other
matter or thing whatsoever which under any law relating to sureties and guarantors
would but for this provision have the effect of releasing the Bankfrom its liability and
obligation under this Guarantee and the Bank hereby waives all of its rights under
any such law.
Page | 318
its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on****.$Unless adem and or claim
under this Guarantee is made in writing on or before the aforesaid date, the Bank
shall be discharged from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of the Authority in writing, and declares and warrants
that it has the power to issue this Guarantee and the undersigned has full powers to
do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise here under may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorised to receive such notice and to effect payment thereof forthwith, and
if sent by post it shall be deemed to have been given at the time when it ought to
have been delivered in due course of post and in proving such notice, when given by
post, it shall be sufficient to prove that the envelope containing the notice was posted
and a certificate signed by an officer of the Authority that the envelope was so posted
shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect up to the date specified in paragraph 8 above or until it isreleased earlier by
the Authority pursuant to the provisions of the Agreement.
(Signature)
(Name)
(Designation)
(Code Number)
(Address) NOTES:
(i) The bank guarantee should contain the name, designation and code number of
the officer(s) signing the guarantee.
(ii) The address, telephone number and other details of the head office of the Bank as
well as of issuing branch should be mentioned on the covering letter of issuing
branch.
$Insert a date being 90 (ninety)days after the end of one year from the date of payment of
the Advance payment to the Contractor (in accordance with Clause 19.2 of the
Agreement).
Page | 319
SCHEDULE -H
1.2 Proportions of the Contract Price for different stages of Construction ofthe
Project Highway shall be as specified below:
Weightage in
Sl Percentage
Item percentage to the Stage for Payment
No Weightage
contract price
A Widening 19.95% A-1 Widening of Major Bridge
of Major 1.41%
1) Dismantling of Existing Structure
Bridge
work 22) Foundation: On completion of the 28.90%
foundation work including foundations for
wing and return walls, abutments, piers.
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a) DBM including Tack coat 17.03%
b) BC 9.30%
B-3 Box Culvert
on completion of New Box culverts with all 6.23%
respect on existing road including protection
works
B-4 Pipe Culvert
on completion of New pipe culverts with all 3.21%
respect on existing road including
protection works
C Other 33.03% Other Works
Works C-1) Fixing of Hectometer stones, Kilometer 5.53%
Stones, Boundary stones, Sign boards,
Pavement marking, Road studs and
Delineators, Crash Barrier (W beam Single
face/ Double Face), Earthen drain, Kerb,
Footpath etc
C-2) Junction improvement
1) Major Junction improvement etc. 15.67%
Complete as specifie
2) Minor Junction improvement etc. 9.65%
Complete as specified
C-3) Repair & Rehabilitation of Major Bridge 4.75%
C-4) Road side Drian with Chequered Tiles 51.31%
over Drain Top Slab and Median
* Bifurcation of Percentage weightage specified under item other works shall be got approved by
the Competent Authority, before making payment to the contractor.
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1.3.1 Road works.
Table 1.3.1
1) Site clearance
0.48%
2) Earthwork up to Subgrade
Top 3.69%
b) BC
7.06%
B2-Reconstruction to 4 lane
devided Highway with rised
Median
1) Site clearance
0.79%
2) Earthwork up to Subgrade
Top(Earthen & Granular) 7.83%
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a) DBM including Tack coat
17.03%
b) BC
9.30%
Procedure for estimating the value of Minor bridge and Underpasses/Overpasses shall be
as stated
Table 1.3.3
Percentage
Stage for Payment Payment Procedure
Weightage
A-1 Widening of Major Bridge
1.41% Unit of measurement is linear length. Payment
1) Dismantling of Existing
shall be made on completion in all respect as
Structure
specified.
22) Foundation: On completion 28.90% Cost of each Major Bridge shall be determined
of the foundation work including on pro rata basis with respect to the total linear
foundations for wing and return length (m) of the Major Bridge. Payment
walls, abutments, piers.
against foundation shall be made on pro-rata
basis on completion of a stage i.e. not less than
25% of the scope of foundation of the Major
Bridge subject to completion of at least two
foundations of the major Bridge.
In case where load testing is required for
foundation, the trigger of first payment shall
include load testing also where specified.
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3) Sub-structure: On completion 26.37% Payment against Substructure shall be made
of abutments, piers upto the on pro-rata basis on completion of a stage i.e.
abutment/pier cap including not less than 25% of the scope of substructure
wing/ return/retaining wall upto of the major bridge subject to completion of
top,Filter Media,Stone Pitching atleast two sub-structures of abutments/piers
upto abutment/pier cap level of the major
bridge.
4) Super-structure: On completion 43.32% Payment shall be made on pro-rata basis on
of the super-structure in all completion of a stage i.e. completion of super-
respects including Girder, Deck structure including bearings of atleast one
slab, bearings,Approach Slab span in all respects as specified in the column
including Miscellaneous Items like of "Stage of Payment" in this sub- clause. In
hand rails, crash barriers, Kerb, case of structures where pre-cast girders have
Footpath, Road markings, been proposed by the Contractor, 50% of the
Painting, Wearing Coat including stage payment shall be due and payable on
expansion joints complete in all casting of girders for each span and balance
respects as specified tests on 50% of the stage payment shall be made on
completion in all respect.etc.) completion of stage specified as above.
1.3.4. Structures
Procedure for estimating the value of structure work shall be as stated.
1.3.5 Other works
Procedure for estimating the value of other works done shall be as stated in table 1.3.5
Percentage
Stage for Payment Payment Procedure
Weightage
C) Other works
C-1) Fixing of Hectometer stones, 5.53% Unit of measurement is linear length. Payment
Kilometer Stones, Boundary of each stage shall be made on pro rata basis
stones, Sign boards, Pavement on completion of a stage in a length of not less
marking, Road studs and
than 10% of Total length.
Delineators, Crash Barrier (W
beam Single face/ Double Face),
Earthen drain, Kerb, Footpath etc
C-2) Junction improvement
1) Major Junction improvement 15.67% Unit of measurement is number. Payment shall
etc. Complete as specified be made on pro rata basis on completion of a
2) Minor Junction improvement 9.65% stage in a length of not less than 10% of total
etc. Complete as specified number.
C-3) Repair & Rehabilitation of 4.75% Payment shall be made on pro- rata basis on
Major Bridge completion of a stage i.e. completion of Sub
structure and super- structure including
bearings of at least one span in all respects as
specified.
C-4) Road side Drain with 51.31% Unit of measurement is linear length. Payment
Chequered Tiles over Drain Top of each stage shall be made on pro rata basis
Slab and Median
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C-5) Stone Pitching and Turfing 2.66% on completion of a stage in a length of not less
than 10% of Total length.
D-2) Electrical utility shifting 54.72% Unit of the measurement is as per completed
work activity shall be determined on pro-rata basis
as per its weightage with reference to total cost
of HT/LT line payment shall be made for
completed activity (the average activities (only
payment purpose) Shifting works is
Erection of the poles – 20% (ii) Conductor
stringing including Dismantling and site
clearance 40% (With DTR) and withought DTR
D-3) Water Supply utility shifting 23.30% Unit measurement is as per completed activity
work shall be determined on pro rata basis as per its
weightages with reference to total cost of
pipeline payment shall be made for the
completed activities (only payment purpose)
in shifting of works laying of pipe -50%
charging of including all miscellaneous works
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and dismantling and site clearance-50%
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Schedule - I
Drawings
1. Drawings:
In compliance of the obligations set forth in Clause 10.2 of this Agreement, the Contractor shall
furnish to the Authority’s Engineer, free of cost, all Drawings listed in Annex-I of this
Schedule-I.
2. Additional Drawings:
If the Authority’s Engineer determines that for discharging its duties and functions under this
Agreement, it requires any drawings other than those listed in Annex-I, it may by notice
require the Contractor to prepare and furnish such drawings forthwith. Upon receiving a
requisition to this effect, the Contractor shall promptly prepare and furnish such drawings to
the Authority’s Engineer, asif such drawings formed part of Annex-I of this Schedule-I.
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Annex – I
(Schedule - I)
Note: The Authority shall describe in this Annex-I, all the Drawings that the Contractor is
required to furnish under Clause 10.2.
1. All the Drawings that the Contractor is required to furnish under Clause 10.2 Specifying
the Drawings for Four Laning and Two-Laning with paved shoulders are as under:
Horizontal and Vertical Alignment with details of reference pillars. Horizontal
Intersection Point, Vertical Intersection Points, elements of curves, and sight
distances.
Detailed drawings of Drainage including RCC covered drains and Chute drains
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Schedule - J
(See Clause 10.3 (ii))
During Construction period, the Contractor shall comply with the requirements set forth in
this Schedule-J for each of the Project Mile stones and the Scheduled Completion Date.
Within 15 (fifteen) days of the date of each Project Milestone, the Contractor shall notify the
Authority of such compliance along with necessary particulars thereof.
2. Project Milestone-I:
(i) Project Milestone-I shall occur on the date falling on the 128th [One hundred
and Twenty Eight] day from the Appointed Date (the “Project Milestone-
I”).
(ii) Prior to the occurrence of Project Milestone-I, the Contractor shall have
commenced construction of the Project Highway and submitted to the
Authority duly and validly prepared Stage Payment Statements for an
amount not less than 10% (ten per cent) of the Contract Price.
3. Project Milestone-II:
(i) Project Milestone-II shall occur on the date falling on the 219th [Two hundred
and Nineteen] day from the Appointed Date (the “Project Milestone- II”).
(ii) Prior to the occurrence of Project Milestone-II, the Contractor shall have
continued with construction of the Project Highway and submitted to the
Authority duly and validly prepared Stage Payment Statements for an amount
not less than 35% (thirty five percent) of the Contract Price and should have
started construction of all bridges.
4. Project Milestone-III:
(i) Project Milestone-III shall occur on the date falling on the 310th [Three
hundred and Ten] day from the Appointed Date (the “Project Milestone-
III”).
(ii) Prior to the occurrence of Project Milestone-III, the Contractor shall have
continued with construction of the Project Highway and submitted to the
Authority duly and validly prepared Stage Payment Statements for an
amount not less than 70% (seventy percent) of the Contract Price and should
have started construction of all project facilities.
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5. Scheduled Completion Date
(i) The Scheduled Completion Date shall occur on the 365 [Three Hundred and Sixty
Five] Scheduled Construction Period] day from the Appointed Date.
(ii) On or before the Scheduled Completion Date, the Contractor shall have
completed construction in accordance with this Agreement.
6. Extension of time
Upon extension of any or all of the aforesaid Project Milestones or the Scheduled Completion
Date, as the case may be, under and in accordance with the provisions of this Agreement,
the Project Completion Schedule shall be deemed to have been amended accordingly.
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Schedule – K
(See Clause 12.1 (ii))
Tests on Completion
1. Schedule for Tests
(i) The Contractor shall, no later than 30 (thirty) days prior to the likely completion of
construction, notify the Authority’s Engineer and the Authority of its intent to
subject the Project Highway to Tests, and no later than 10(ten) days prior to the
actual date of Tests, furnish to the Authority’s Engineer and the Authority detailed
inventory and particulars of all works and equipment forming part of Works.
(ii) The Contractor shall notify the Authority’s Engineer of its readiness to subject the
Project Highway to Tests at any time after 10 (ten) days from the date of such
notice, and upon receipt of such notice, the Authority’s Engineer shall, in
consultation with the Contractor, determine the date and time for each Test and
notify the same to the Authority who may designate its representative to witness
the Tests. The Authority’s Engineer shall there upon conduct the Tests itself or
cause any of the Tests to be conducted in accordance with Article 12 and this
Schedule-K.
2. Tests
(i) Visual and physical test: The Authority’s Engineer shall conduct a visual and
physical check of construction to determine that all works and equipment forming
part thereof conform to the provisions of this Agreement. The physical tests shall
include [***].
(ii) Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of a Network Survey Vehicle (NSV) fitted with latest equipment’s and
the maximum permissible roughness for purposes of this Test shall be [1,800 (One
thousand Eight Hundred)] mm for each kilometer.
(iv) Tests for bridges: All major and minor bridges shall be subjected to the rebound
hammer and ultrasonic pulse velocity tests, to be conducted in accordance with the
procedure described in Special Report No. 17: 1996 of the IRC Highway Research
Board on Non-destructive Testing Techniques, at two spots in every span, to be
chosen at random by the Authority’s Engineer. Bridges with a span of 15 (fifteen)
metres or more shall also be subjected to load testing.
(v) Other tests: The Authority’s Engineer may require the Contractor to carry out or
cause to be carried additional tests, in accordance with Good Industry Practice, for
determining the compliance of the Project Highway with Specifications and
Standards, except tests as specified in clause 5, but shall include measuring the
reflectivity of road markings and road signs; and measuring the illumination level
(lux) of lighting using requisite testing equipment.
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(vi) Environmental audit: The Authority’s Engineer shall carry out a check to determine
conformity of the Project Highway with the environmental requirements set forth in
Applicable Laws and Applicable Permits.
(vii) Safety Audit: The Authority’s Engineer shall carry out, or cause to be carried out, a
safety audit to determine conformity of the Project Highway with the safety
requirements and Good Industry Practice.
All Tests set forth in this Schedule-K shall be conducted by the contractor in presence of
Authority’s Engineer or such other agency or person as it may specify in consultation with
the Authority.
4. Completion Certificate
Upon successful completion of Tests, the Authority’s Engineer shall issue the Completion
Certificate in accordance with the provisions of Article 12.
5. The contractor will carry out tests with following equipment at his own cost in the
presence of Authority Engineer.
No. Asset
1 Surface defects of Network Survey Vehicle At least twice a year (As persurvey
pavement (NSV) month defined for the state basis
rainy season)
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Schedule - L
(See Clause 12.2)
Completion Certificate
2 It is certified that, in terms of the aforesaid Agreement, all works forming part of
Project Highway have been completed, and the Project Highway is hereby declared
fit for entry into operation on this the ……… day of ……… 20 ,
Scheduled Completed Date for which was the ……… day of………20…..
(Signature)
(Name) (Designation)
(Address)
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Schedule - M
(See Clauses 14.6, 15.2 and 19.7)
1.1 Monthly lump sum payments for maintenance shall be reduced in the case of non-
compliance with the Maintenance Requirements set forth in Schedule-E.
1.2 Any deduction made on account of non-compliance with the Maintenance Requirements
shall not be paid even after compliance subsequently. The deductions shall continue to be
made every month until compliance is done.
1.3 The Authority’s Engineer shall calculate the amount of payment reduction on the basis of
weightage in percentage assigned to non-conforming items as givenin Paragraph 2.
Sl.
Item/Defect/Deficiency Percentage
No.
(a) Carriageway/Pavement
Page | 334
Sl.
Item/Defect/Deficiency Percentage
No.
i) Cleaning and repair of drains 5%
2.2 The amount to be deducted from monthly lump-sum payment for non-
compliance of particular item shall be calculated as under:
Where,
L1 = non-complying length
The total amount of reduction shall be arrived at by summation of reductions for such
items/Defects/deficiency or non-compliance.
For any Defect in a part of one kilometer, the non-conforming length shall be taken as one
kilometer.
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Schedule - N
(See Clause 18.1 (i))
1.1 The provisions of the Model Request for Proposal for Selection of Technical
Consultants, issued by the Ministry of Finance in May 2009, or any substitute thereof
shall apply for selection of an experienced firm to discharge the functions and duties
of an Authority’s Engineer.
2 Terms of Reference
The Terms of Reference for the Authority’s Engineer (the “TOR”) shall substantially conform
with Annex 1 to this Schedule N.
Notwithstanding anything to the contrary contained in this Schedule, the Authority may in
its discretion appoint a government-owned entity as the Authority’s Engineer; provided that
such entity shall be a body corporate having as one of its primary functions the provision of
consulting, advisory and supervisory services for engineering projects; provided further that
agovernment-owned entity which is owned or controlled by the Authority shall not be eligible
for appointment as Authority’s Engineer.
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Annex – I
(Schedule - N)
Annex-I: Terms of Reference for Authority’s Engineer
1. Scope:
1.1. These Terms of Reference (the “TOR”) for the Authority’s Engineer are being
specified pursuant to the EPC Agreement dated (The “Agreement), which has been
entered into between the [name and address of the Authority] (the “Authority”)
and (the “Contractor”)# for [Four-Laning] of the ****section (km**to km**) of
National Highway No.**in the State of*** on Engineering, Procurement,
Construction (EPC) basis, and a copy of which is annexed hereto and marked as
Annex-A to form part of this TOR.
# - In case the bid of Authority’s Engineer is invited simultaneously with the bid of EPC
project, then the status of bidding of EPC project only to be indicated
1.2. The TOR shall apply to construction and maintenance of the Project Highway.
2.1 The words and expressions beginning with or in capital letters and not defined
herein but defined in the Agreement shall have, unless repugnant to the context, the
meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be references to the Articles, Clauses and
Schedules of the Agreement, and references to Paragraphs shall be deemed to be
references to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Article 1 of the Agreement shall apply, mutatis
mutandis, to this TOR.
3. General:
3.1. The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good
Industry Practice.
3.2. The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior
written approval of the Authority before determining:
a) any Time Extension;
b) any additional cost to be paid by the Authority to the Contractor;
c) the Termination Payment; or issuance of Completion Certificate or Any other
matter which is not specified in (a), (b), (c) or (d) above and which creates a
financial liability on either Party.
3.3 The Authority’s Engineer shall submit regular periodic reports, at least once every
month, to the Authority in respect of its duties and functions under this Agreement.
Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of
the beginning of every month.
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3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties
and responsibilities to its suitably qualified and experienced personnel; provided,
however, that it shall not delegate the authority to refer any matter for the
Authority’s prior approval in accordance with the provisions of Clause 18.2.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for
Change of Scope under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope
and nature of Good Industry Practice, as set forth in any provision of the
Agreement, the Authority’s Engineer shall specify such meaning, scope and nature
by issuing a reasoned written statement relying on good industry practice and
authentic literature.
4. Construction Period:
4.1 During the Construction Period, the Authority’s Engineer shall review and approve
the Drawings furnished by the Contractor along with supporting data, including
the geo-technical and hydrological investigations, characteristics of materials from
borrow areas and quarry sites, topographical surveys, and the recommendations of
the Safety Consultant in accordance with the provisions of Clause 10.1 (vi). The
Authority’s Engineer shall complete such review and approval and send its
observations to the Authority and the Contractor within 15 (fifteen) days of receipt
of such Drawings; provided, however that in case of a Major Bridge or Structure, the
aforesaid period of 15 (fifteen) days may be extended up to 30 (thirty) days. In
particular, such comments shall specify the conformity or otherwise of such
Drawings with the Scope of the Project and Specifications and Standards.
4.2 The Authority’s Engineer shall review and approve any revised Drawings sent to it
by the Contractor and furnish its comments within 10 (ten) days of receiving such
Drawings.
4.3 The Authority’s Engineer shall review and approve the Quality Assurance Plan
submitted by the Contractor and shall convey its comments to the Contractor within
a period of 21 (twenty one) days stating the modifications,if any, required thereto.
4.4 The Authority’s Engineer shall complete the review and approve of the
methodology proposed to be adopted by the Contractor for executing the Works,
and convey its comments to the Contractor within a period of 10 (ten) days from the
date of receipt of the proposed methodology from the Contractor.
4.5 The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing lane(s)
of the Project Highway for purposes of maintenance during the Construction Period
in accordance with the provisions of Clause10.4.
4.6 The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the Contractor
within 7 (seven) days of receipt of such report.
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4.7 The Authority’s Engineer shall inspect the Construction Works and the Project
Highway and shall submit a monthly Inspection Report bringing out the results of
inspections and the remedial action taken by the Contractor in respect of Defects
or deficiencies. In particular, the Authority’s Engineer shall includein its Inspection
Report, the compliance of the recommendations made bythe Safety Consultant.
4.9 For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be carried
out, tests at such time and frequency and in such manner as specified in the
Agreement and in accordance with Good Industry Practice for quality assurance.
For purposes of this Paragraph 4 (ix), the tests specified in the IRC Special
Publication-11 (Handbook of Quality Control for Construction of Roads and
Runways) and the Specifications for Road and Bridge Works issued by MORTH
(the “Quality Control Manuals”) or any modification/ substitution thereof shall be
deemed to be tests conforming to Good Industry Practice forquality assurance.
4.10 The Authority’s Engineer shall test check at least 50 (fifty) percent of the quantity or
number of tests prescribed for each category or type of test for quality control by the
Contractor.
4.11 The timing of tests referred to in Paragraph and the criteria for acceptance/ rejection
of their results shall be determined by the Authority’s Engineer in accordance with
the Quality Control Manuals. The tests shall be undertaken on a random sample
basis and shall be in addition to, and independent of, the tests that may be carried
out by the Contractor for its own quality assurance in accordance with Good
Industry Practice.
4.12 In the event that results of any tests conducted under Clause 11.10 establish any
Defects or deficiencies in the Works, the Authority’s Engineer shall require the
Contractor to carry out remedial measures.
4.13 The Authority’s Engineer may instruct the Contractor to execute any work which is
urgently required for the safety of the Project Highway, whether because of an
accident, unforeseeable event or otherwise; provided that in case of any work
required on account of a Force Majeure Event, the provisions of Clause 21.6 shall
apply.
4.14 In the event that the Contractor fails to achieve any of the Project Milestones, the
Authority’s Engineer shall undertake a review of the progress of construction and
identify potential delays, if any. If the Authority’s Engineer shall determine that
completion of the Project Highway is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicate within 15 (fifteen) days the
steps proposed to be taken to expedite progress, and the period within which the
Project Completion Date shall be achieved. Upon receipt of a report from the
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Contractor, the Authority’s Engineer shall review the same and send its comments
to the Authority and the Contractor forthwith.
4.15 The Authority’s Engineer shall obtain from the Contractor a copy of all the
Contractor’s quality control records and documents before the Completion
Certificate is issued pursuant to Clause12.2.
4.16 Authority’s Engineer may recommend to the Authority suspension of the whole or
part of the Works if the work threatens the safety of the Users andpedestrians. After
the Contractor has carried out remedial measure, the
Authority’sEngineershallinspectsuchremedialmeasuresforthwithandmake a report
to the Authority recommending whether or not the suspension hereunder may be
revoked.
4.17 In the event that the Contractor carries out any remedial measures to secure the
safety of suspended works and Users, and requires the Authority’s Engineer to
inspect such works, the Authority’s Engineer shall inspect the suspended works
within 3 (three) days of receiving such notice, and make a report to the Authority
forthwith, recommending whether or not such suspension may be revoked by the
Authority.
4.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests
specified in Schedule-K and issue a Completion Certificate, as the case may be. For
carrying out its functions under thisParagraph4 (xviii)and all matters incidental
there to, the Authority’s Engineer shall act under and in accordance with the
provisions of Article 12 and Schedule-K.
5. Maintenance Period:
5.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of
its monthly Maintenance Programme and for this purpose carry out a joint monthly
inspection with the Contractor.
5.2 The Authority’s Engineer shall undertake regular inspections, at least once every
month, to evaluate compliance with the Maintenance Requirements and submit a
Maintenance Inspection Report to the Authority and the Contractor.
5.3 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall
carry out, or cause to be carried out, for the purpose of determining that the Project
Highway is in conformity with the Maintenance Requirements. It shall monitor and
review the results of such tests and the remedial measures, if any, taken by the
Contractor in this behalf.
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5.5 The Authority’s Engineer shall examine the request of the Contractor for closure of
any lane(s) of the Project Highway for undertaking maintenance/repair thereof, and
shall grant permission with such modifications, as it may deem necessary, within 5
(five) days of receiving a request from the Contractor. Upon expiry of the permitted
period of closure, the Authority’s Engineer shall monitor the reopening of such
lane(s), and in case of delay, determine the Damages payable by the Contractor to
the Authority under Clause14.5.
6.1 The Authority’s Engineer shall determine the costs, and /or theirreasonableness, that
are required to be determined by it under the Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is required
to be determined by it under the Agreement.
6.3 The Authority’s Engineer shall consult each Party in every case ofdetermination in
accordance with the provisions of Clause18.5.
7. Payments:
7.1 The Authority’s Engineer shall withhold payments for the affected works for which
the Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer
in accordance with the provisions of Clause 10.2 (iv)(d).
7.2 Authority’s Engineer shall -within 10 (ten) days of receipt of the Stage Payment
Statement from the Contractor pursuant to Clause 19.4, determine the amount due
to the Contractor and recommend the release of 90 (ninety) percent of the amount
so determined as part payment, pending issue of the Interim Payment Certificate;
and within 15 (fifteen) days of the receipt of the Stage Payment Statement referred
to in Clause 19.4, deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor, after
adjustments in accordance with the provisions of Clause 19.10.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly
Maintenance Statement from the Contractor pursuant to Clause 19.6, verify the
Contractor’s monthly statement and certify the amount to be paid to the Contractor
in accordance with the provisions of the Agreement.
7.4 The Authority’s Engineer shall certify final payment within 30 (thirty) days of the
receipt of the final payment statement of Maintenance in accordance with the
provisions of Clause 19.16.
The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.
9. Miscellaneous:
9.3 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer
shall obtain a complete set of as-built Drawings, in 2 (two) hard copies and in
micro film form or in such other medium as may be acceptable to the Authority,
reflecting the Project Highway as actually designed, engineered and
constructed, including an as-built survey illustrating the layout of the Project
Highway and set back lines, if any, of the building sand structures formingpart
of Project Facilities; and shall hand them over to the Authority against receipt
thereof.
9.4 The Authority’s Engineer, if call edaphon by the Authority or the Contractor or
both, shall mediate and assist the Parties in arriving at an amicable settlement of
any Dispute between the Parties.
9.5 The Authority’s Engineer shall inform the Authority and the Contractor of any event
ofContractor’s Default within one week of its occurrence.
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Schedule - O
i. the estimated amount for the Works executed in accordance with Clause
19.3 (i) subsequent to the last claim;
vi. Deductions:
c. Taxes deducted
provisions of theAgreement;
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Schedule - P
Insurance
1.1 The Contractor shall effect and maintain at its own cost, from the Appointed Datetill
the date of issue of the Completion Certificate, the following insurances for any
loss or damage occurring on account of Nonpolitical Event of Force Majeure,
malicious act, accidental damage, explosion, fire and terrorism:
a) insurance of Works, Plant and Materials and an additional sum of [15 (fifteen)]
per cent of such replacement cost to cover any additional costs of and incidental
to the rectification of loss or damage including professional fees and the cost of
demolishing and removing any part of the Works and of removing debris of
whatsoever nature;
b) Insurance for the Contractor's equipment and Documents brought onto the Site
by the Contractor, for a sum sufficient to provide for their replacement at the
Site.
1.2 The insurance under sub para (a)and(b) of paragraph 1(i)above shall cover the
Authority and the Contractor against all loss or damage from any cause arising
under paragraph 1.1 other than risks which are not insurable at commercial terms.
The Contractor shall effect and maintain insurance cover of not less than 15% of the
Contract Price for the Works from the date of issue of the Completion Certificate until the
end of the Defects Liability Period for any loss or damage for which the Contractor is liable
and which arises from a cause occurring prior to the issue of the Completion Certificate. The
Contractor shall also maintain other insurances for maximum sums as may be required
under the Applicable Laws andin accordance with Good Industry Practice.
3.2 The insurance shall be extended to cover liability for all loss and damage to the
Authority's property arising out of the Contractor’s performance of this Agreement
excluding:
a) The Authority's right to have the construction works executed on, over, under, in or
through any land, and to occupy this land for the Works; and
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b) Damage which is an unavoidable result of the Contractor's obligations to execute the
Works.
The insurance under paragraphs 1 to 3 above shall be in the joint names of the Contractor
and the Authority.
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Schedule-Q
(See Clause 14.10)
Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of a Network Survey Vehicle (NSV) fitted with latest equipments and
the maximum permissible roughness for purposes of this Test shall be [1,800 (One
thousand andEight hundred only)] mm for each kilometer.
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Schedule-R
(See Clause 14.10)
accordance with the Agreement dated………… (The “Agreement”), for [construction of the
****section (km ** to km **)of ****] (the “Project Highway”) on Engineering, Procurement and
Construction (EPC) basis through (Name of Contractor), hereby certify that the Tests on
completion of Maintenance Period in accordance with Article 14 of the Agreement have been
successfully undertaken to determine compliance of the Project Highway with the provisions of
the Agreement and I hereby certify that the Authority has taken over the Project highway from
(Signature)
Representative)
(Address)
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**** End of the Document *****
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