Modifications to draft Contract Agreement Clause ‘Content in the existing clause. Replaced as ati) in case of BOT [Annuily) stretches the inifial contract shall be hwo years with same remittance (except the increase in remittance due to change in fee rates due to ‘change in WPI).* {his will be applicable for Annuity Project only) Deleted. 3{a) coord COS, there is o material difference (ie. impacting the collection of the Contractor by more than 2 (two) % in a year), in the dratt notification and the officially published notification, at the sole discretion of the Authority, entire Contract can be renegotiated as per mutual agreement, prior to commencement of collection of User Fee and in the event of failure to arrive at an agreement on this issue, either porty to this Contract will be at liberty to terminate this Contract by giving notice in writing as required under clause 35 of this Contract, “onal €a8e, there is G material difference (Le. impacting the colection of the Contractor by more than 10 (ten) % in a year) In the draft notification and the offici published nofificotion, prior commencement of collection of User Fee, the revised remittance ‘shall be derived from the quoted remittance as per Clause-5(b) and in the event of dissatisfaction of either partly on the revised remittance. so fixed, either party to this Contract will be at liberty to terminate this Contract by giving 30 days prior notice in writing. — Sib) user fee rates due to change in WPI, will be linked to percentage increase in the rate of the category of vehicle, yielding highest remittance. * * the Autharty will inform the category of vehicle which it Yielding highest remittance on the basis of the traffic ‘considered for coleviaiion of the APC. The revised remittance on annual increase of user fee rates due to change in WPI, will be determined using the weighted percentage increase in the rates of ali categories of vehicles, using proportions of _ different categories of vehicles* and considering single journey rates. A sample calculation is given in Schedule-Vill “The Authortly wil inform the proportion (%) of contribution In APC of diferent categories of vehicles in Clovse-1.1.3 of REP. S{a) Nit ‘Add new Sub-Clause as under{5{d)] before last para of Clause-5 : 5(d) The proposal on revised remittance alongwith the supporting calculations sholl be submitted by the Contractor to the Authority atleast 7 days prior to the actual applicable date. The Authority wil give approval within 7 days. In case of delay in opproval by the Authoiity, the Contractor shall deposit the revised remittance from applicable date os per their own proposal on the revised remittance and the difference, it any, found later as per approved remittance by the Authoiity, shall be deposited by the Contractor clongwith an interest @ 12% p.a., within 7 days from date of approval of revised remittance by the Authority. (f=-2- Provided that, any modification, change or variation in the conditions for collection of User Fee [including towards concession/ rebate to the frequent short distance travellers by any scheme or for any specific purpose) shall, as far as possible, be effected by mutual discussions between the Contractor and the Authority with regard to the consequential adjustment in the amount payable by the Contractor to the Authority giving due regard to the procedure set out in Clause 5{c) above and in the event of failure to artive at an ‘agreement on this issue, either party to this, Contract will be at liberty to terminate this Contract by giving notice in writing as tequired under clause 35 of this Contract. The lasi para is numbered as 5{e) and modified ‘as under: S{e] Provided that, any modification, change or variation in the conditions for collection of User Fee [including towards concession/ rebate to the frequent short distance travellers by any scheme ot for any specific purpose) shall, as for as posible, be effected by mutual discussions between the Contractor and the Authority with regard fo the consequential adjustment in the amount payable by the Contractor to the Authority giving due regard fo the procedure set ‘out in Clause-5{c) above and in the event of follure to arrive at an agreement on this issue, the decision of the Authority shall be implemented ‘and the Contractor shall be at liberty to refer the dispute to Arbitration as per Clause-27. 10{g) Nil ‘Add new Sub-Clause as under: Upon expiry of the contract period/ termination, within 7 days, the Contractor shall submit a statement giving details of payments of weekly remittances and TCS during the entire contract petiod alongwith delay in days (if any) and calcuiation of interes!/ penalty for delay depositing the remittances, etc for settlement of ‘all accounts of the Contractor and issuance of ‘tno due certificate" by the Authority 12813 ‘ond Sch. (i) Plaza Manager: BE/B.Tech. in 7 Computer Science/ Electronics. & Communication/ Electronics. or MCA from any govi. recognized university. MBA as additional qualification is desirable. Minimum 2 years post qualification experience in any commercial organization of repute. Secutily Officer: Graduate in any discipline with minimum 10 years post qualification experience in relevant field in any govt or. private organization of repute or retired defence personnel of rank equivalent to Capt. or above. The officer can be from paramilitary forces aiso of the rank of Dy. SP and above. Accounts Officer: Graduate in any discipine with minimum 10 years post qualification experience in relevant field or CAIICWASAS with minimum 5 years post ualification experience in any govt or. piivate organization of repute. Plaza Manager: (0) Degree in I/ Computer Science/ Electronics & Communication or MCA from any government recognized university: (or) Graduate in any discipline from government recognized university, with DOEACC ‘A’ level Couse; 3 years BCA; 2 years MBA in IT or equivalent (1 year Diploma/ PG Diploma Courses are not eligible): and {b) 2 years experience in using semi-cutomatic/ electronic toll collection systems, Security Officer (a) Graduate in any discipline from any goverment recognized university with minimum 10 years post-qualtication experience in relevant field in any government or private organization of repute: (or) Any Retired Defence/ Police Officers who led a team, with Graduation in ony discipine from any govemment recognized university: and (b) experience of 3 years as Security Officer on similar assignments. Accounts Officer: Post-graduate in Commerce or Graduate with CA/ICWA/SSA with 5 years experience in Audit & Accounts. polepate Note: Aileast the Contractor shail have one team ‘of Key Personnel, meeting above requirements, for all Toll Plazas within the jurisdiction of one: Regional Office, subject to provision of suitable Persons for Key Personnel positions at that specific Toll Plaza for which qualification requirements may be relaxed by RO concemed. There shall be no change in the requirements regarding “other staff" speciied in Schedule-ti for each Toll Plaza. 136) The engagement of at least 50% ex servicemen (ESM) is mandatory. The engagement of at least 30% exservicemen (ESM) is mandatory. However, in case of non- availablity of exservicemen, CGM/RO has power to relax the requirement considering overall capabilities and arrangements made by the agency for transparent and efficient toll collection al toll plaza. 7 the Avihotily shail levy penally @ 0.5% of the delayed amount per day for the delay beyond the due day without prejudice to the any other rights of the Authority under this Contract... 0.5% per day is modified as 0.2% per day for inifiol one month delay and 0.5% per day for further delay beyond one month, In Case of non-compliance of any of the obligations specified in clause-23 (a) to (9), the Authority shall levy penalty @ Rs. 1,00,000 (Rupees One Lakh) per default per month without prejudice to the any other rights of the Authority under this Contracteneseernsee In case of non-compliance of any of the obligations specified in clause-23 (a) to (g). the Authority shall levy penalty @ Rs.1.0 lakh’ per default per month except for Clause-23(e) for which the penalty shall be @ Rs.10,000/-per default per month, without prejudice fo any other Fights of the Authority under this Contract... ah The Contractor ako agrees to unconditionally abide by such other direction of the Authority issued by the authorised representative on al ‘operational matters under the provisions of this contract Deleted (as its same as 23{c]] 2b) Last Para : Either parly fo this Coniract shall be eniilled to suspend or excuse performance of his obligations, including remittance of instalments by the Contractor to the Authority for the period of continuance of the Force Mojeure event, under this Contract to the-extent that such performance is impeded by an event of Force Majeure _ prevailing continuously for mote than 7 {seven} days at a time. Last Para: Either party to this Coniract shall be eniilled to suspend or excuse performance of his obligations, including remittance of instalments by the Contractor to the Authority for the period of continuance of the Force Mojeute event, under this Contract fo the extent that such perfomance is impeded by an event of Force Majeure prevailing continuously for more than 7 {seven} days at a time (or continuously for more than 3 (three) days at a time in case of no user fee colection at all at the toll plaza) for reasons no} attibutable to the Contractor. aa ‘Add new Sub-Clause as under : 27{d) The contract agreement shall be governed by and construed in accordance with the laws of India and the Courts at New Delhi shall have the exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection with the contract agreement. (eos-4- 3512) The Authority shall be entilled to terminate this Contract at any time without assigning any reason(s) after giving notice to the Contractor os under in writing and in that event, the Contractor shall not be eniilled to any claim, or any compensation whatsoever on account of such termination. (0 8Y GMing fourteen (14) days prior notice In witing, The Authority shall be enfilled to terminate this Contract at any time without ossigning any reason\s) after giving notice fo the Contractor as under in writing and in that event, the Contractor shall not be entitled to any claim, or any compensation whatsoever on account of such termination. (0 By giving seven (7) days prior notice in wating, 35(5) Nit ‘Add new Sub-Clause as under : Clavse35(5) : Pre-mature termination of the contract ot the request of the Contractor : Within 30 days of taking over the toll plaza, if the Contactor fee's that he has committed an error in assessing the realizable user fee al the tol plaza, he may in wiiting request the Authority for pre- mature termination of the contract. Such request of the Contractor is ineversible by the Contractor under any circumstances. The Contractor, even after making such request, shall Continue 10 collect user fee at the toll plaza, remit the agreed remittances fimely to the Authorily and comply with all other terms and conditions in accordance with this contract, till handing over of the toll plaza to the new agency. The Authority shall appropriate 25% of the performance security as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for inter jime, cost and effort of the Authority. balance performance secutty shall be released by the Authotity within 30 days of handing over of the toll plaza to the new agency. Within 0 days of receipt of such request, the Authority may complete the bidding process for selection of new agency, select the new agency ‘and handover the foll plaza to the new agency. For avoidance of doubt, NHAI would finalize the new agency as early as possible, inespective of the quotes of the Contractor and the new agency. This Agreement stands terminated automatically on the date of handing over of the toll plaza to the new agency. The existing Contractor is also eligible to bid at the time of selection of new agency by NHAl, but if he does not takeover or leaves in between oF abandons the user fee collection work second time, he will be debarred from participating in further bidding for user fee collection at the same. Toll Plaza, either directly in his own name or as a consortium or as an associate or in the name of ‘any firm owned by him, for a period of two years. This clause is non-arbitrable as per Clause 26 of Agreement. J fees-s— Within 28 (iwenty eight) days from the date of signing this Contract or within such period os provided by the law applicable which ever is shorter, the Contractor, if required, shall have the Contract engrossed, have the correct Stamp Duiy adjudicated by the Inspector General of Registrations, New Delhi and retum the same duly signed cnd executed to the Authority. It would be the sole responsibi of the Contractor to comply with the applicable laws in this regard and the Contractor's failure to do so may result into termination of the Contract by the Authority, forfeiture of the performance security, without prejudice to any or other tights of the Authority. It shall be noted that the contract shall be signed af NHAI H@ at Delhi The following is deleled from the Clause"... Jand the contractor's failure to do so may result into termination of the contract by the Authority, forfeiture of the performance security, without prejudice to any or other tights of the Authority." Further, the following is added at the end of this Clause : if an occasion arises for the Authority to pay for the cost of stamping and engrossing of the Contract Agreement, the same shall be recovered from any security deposited by the Contractor with the Authority in respect of any Toll Plaza. Kuh‘Appendix: VI ‘Sample calculation of Revised Remittance as per Clause- 6(b) Proportion (%) of contibuionin | Usertee rates | ety lanicoanee s. 7 of Vehicle APC of ifferent categories of | given inthe bid | TS" I" 7 7 ae No. ‘ategory vehicles (refer Clause 1.1.30f | (for single Ingle over the rates journey) in the bidl6=(6 RFP) Journey) (Rs.) (Rs) |4y*100/4) 7 z 3 a 3 é 1. [Car/ Jeep /Van 7 40 50 25.00 2 [LCV Aver mini Bus 4 80 100 25.00 3. [Truck Bus (2 Axle) 2 760 200 25.00 4 |3-Axle Commercial Vehicle 38 +60 200 25.00 5 [HOM / EMEY MAV (4-6 Axle) 31 325 345, 6.18 6 |osv (7 ormore axle) ° 160 200 25.000 Total 100 19.16% Percentage increase in (rounding ‘SCoL 6x0! 3/3 = ate {Col 6 xo! 3/100 (ee decimals) 2. Original weekly remittance= Rs. 13,80,622/- Not 3. Revised weakly remittance= . No. 2x +1] = Rs. 16.45,356/- 00 Yo Cuvd oy?