1

PART 3- CONDITIONS OF CONTRACTAND CONTRACT FORMS

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Section VIII – GENERAL CONDITIONS OF CONTRACT FOR EPC

CONTRACTS

This section contains a sound contractual framework for an Engineering,

Procurement and Construction (EPC) agreement incorporating
international best practices and provides a sound contractual framework
that specifies the allocation of risk and rewards, equity of obligations
between government and the contractor, precision and predictability of
cost, Technical parameters based on output specifications, Force Majeure,
termination and dispute resolution apart from transparent and fair
procedures.
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Table of Contents

Form of Agreement ...................................................................................................................................... 4

ARTICLE 1 - Definitions and Interpretation ............................................................................................ 6

ARTICLE 2 - Scope of the Project ............................................................................................................ 12

ARTICLE 3 - Obligations of the Contractor ........................................................................................... 13

ARTICLE 4 - Obligations of the Authority ............................................................................................. 25

ARTICLE 5 - Representations and Warranties ...................................................................................... 27

ARTICLE 6 - Disclaimer............................................................................................................................ 30

ARTICLE 7 - Performance Security ........................................................................................................ 31

ARTICLE 8 - Right of Way ....................................................................................................................... 35

ARTICLE 9 - Utilities and Trees............................................................................................................... 40

ARTICLE 10 - Design and Construction of the Project Highway ........................................................ 42

ARTICLE 11 - Quality Assurance, Monitoring and Supervision ......................................................... 51

ARTICLE 12 - Completion Certificate .................................................................................................... 61

ARTICLE 13 - Change of Scope ............................................................................................................... 64

ARTICLE 14 - Maintenance ...................................................................................................................... 68

ARTICLE 15 - Supervision and Monitoring During Maintenance ...................................................... 73

ARTICLE 16 - Traffic Regulation ............................................................................................................ 75

ARTICLE 17 - Defects Liability ................................................................................................................ 76

ARTICLE 18 - Authority’s Engineer ....................................................................................................... 78

ARTICLE 19 - Payments ........................................................................................................................... 81

ARTICLE 20 - Insurance ........................................................................................................................... 94

ARTICLE 21 - Force Majeure .................................................................................................................. 98

ARTICLE 22 - Suspension of Contractor’s Rights ............................................................................... 103

ARTICLE 23 - Termination .................................................................................................................... 105

ARTICLE 24 - Assignment and Charges ............................................................................................... 112

ARTICLE 25 - Liability and Indemnity ................................................................................................. 113

ARTICLE 26 - Dispute Resolution ......................................................................................................... 116

ARTICLE 27 - Miscellaneous .................................................................................................................. 120

ARTICLE 28 - Definitions ....................................................................................................................... 126

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ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT

THIS AGREEMENT is entered into on this the ……….. day of ………, 20…..

BETWEEN

Executive Director, Tamil Nadu Road Infrastructure Development Corporation (hereinafter

referred to as the “Authority” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) of One Part;

AND

{------------,} means the selected Tenderer3 having its registered office at ……………,
(hereinafter referred to as the “Contractor” which expression shall, unless repugnant to the
context or meaning thereof, include its successors and permitted assigns) of the Other Part.

WHEREAS:

(A) The Tamil Nadu Road Infrastructure Development Corporation, for and on behalf of
Governor of Tamil Nadu has intended to take up the development of “Formation of
New Six lane road from Punnapakkam (Design Chainage: Ch 35+000) to
Thiruvallur Bypass (Design Chainage: Ch 47+800) with paved shoulders and
two lane service road on both sides in Section-2 of Chennai Peripheral Ring
Road Project under Package-EPC 02 on Engineering, Procurement and
Construction (EPC) Modeincluding maintenance for 7 years”.

(B) The Authority had resolved to take up the work “Formation of New Six lane road
from Punnapakkam (Design Chainage: Ch 35+000) to Thiruvallur Bypass
(Design Chainage: Ch 47+800) with paved shoulders and two lane service road
on both sides in Section-2 of Chennai Peripheral Ring Road Project under
Package-EPC 02 on Engineering, Procurement and Construction (EPC)
Modeincluding maintenance for 7 years” in accordance with the terms and
conditions to be set forth in an agreement to be entered into.

(C) The Authority had prescribed the technical and commercial terms and conditions, and
invited Tenders (the “Tender Document”) from the Tenderers having required
eligibility and qualification criteria for undertaking the project.

(E) After evaluation of the Tenders received, the Authority had accepted the Tender of the
selected Tenderer and issued its Letter of Acceptance No. …….. dated …………..
(hereinafter called the “LOA”) to the selected Tenderer for7 yearsat the contract price
specified hereinafter, requiring the selected Tenderer to inter alia:

(i) To give his consent to enter into this Agreement and the enforceability of the
provisions thereof, within 10 (ten) business days of the date of issue of LOA; and
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(ii) Execute this Agreement within 28 (twenty-eight) days of the date of issue of
LOA.

(F) The Contractor has fulfilled the requirements specified in Recital (E) above;

NOW THEREFORE in consideration of the foregoing and the respective covenants

and agreements set forth in this Agreement, the sufficiency and adequacy of which is
hereby acknowledged, the Authority hereby covenants to pay the Contractor, in
consideration of the obligations specified herein, the Contract Price or such other sum
as may become payable under the provisions of the Agreement at the times and in the
manner specified by the Agreement and intending to be legally bound hereby, the
Parties agree as follows:

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS

AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

SIGNED, SEALED AND SIGNED, SEALED AND

DELIVERED DELIVERED
For and on behalf of For and on behalf of
[TNRIDC/ Government of Tamil Nadu ] by: THE CONTRACTOR by:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

In the presence of:

1.

2.

{COUNTERSIGNED and accepted by:

Name and particulars of other members of the Consortium}
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ARTICLE 1
DEFINITIONS AND INTERPRETATION

1.1 Definitions

The words and expressions beginning with capital letters and defined in this
Agreement (including those in Article 28) shall, unless the context otherwise requires,
have the meaning ascribed thereto herein, and the words and expressions defined in
the Schedules and used therein shall have the meaning ascribed thereto in the
Schedules.

1.2 Interpretation

1.2.1 In this Agreement, unless the context otherwise requires,

a. references to any legislation or any provision thereof shall include amendment or re-
enactment or consolidation of such legislation or any provision thereof so far as such
amendment or re-enactment or consolidation applies or is capable of applying to any
transaction entered into hereunder;

b. references to laws of State, laws of India or Indian law or regulation having the force
of law shall include the laws, acts, ordinances, rules, regulations, bye laws or
notifications which have the force of law in the territory of India and as from time to
time may be amended, modified, supplemented, extended or re-enacted;

c. references to a “person” and words denoting a natural person shall be construed as a

reference to any individual, firm, company, corporation, society, trust, government,
state or agency of a state or any association or partnership (whether or not having
separate legal personality) of two or more of the above and shall include successors
and assigns;

d. the table of contents, headings or sub-headings in this Agreement are for

convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Agreement;

e. the words “include” and “including” are to be construed without limitation and shall
be deemed to be followed by “without limitation” or “but not limited to” whether or
not they are followed by such phrases;

f. references to “construction” or “building” include, unless the context otherwise

requires, survey and investigation, design, developing, engineering, procurement,
supply of plant, materials, equipment, labour, delivery, transportation, installation,
processing, fabrication, testing, and commissioning of the Project Highway,
including maintenance during the Construction Period, removing of defects, if any,
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and other activities incidental to the construction and “construct” or “build” shall be
construed accordingly;

g. references to “development” include, unless the context otherwise requires,

construction, renovation, refurbishing, augmentation, up-gradation and other
activities incidental thereto during the Construction Period, and “develop” shall be
construed accordingly;

h. any reference to any period of time shall mean a reference to that according to
Indian standard time;

i. any reference to a day shall mean a reference to a calendar day;

j. references to a “business day” shall be construed as a reference to a day (other than a

Sunday) on which banks in [Chennai] are generally open for business;

k. any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;

l. references to any date, period or Project Milestone shall mean and include such date,
period or Project Milestone as may be extended pursuant to this Agreement;

m. any reference to any period commencing “from” a specified day or date and “till” or
“until” a specified day or date shall include both such days or dates; provided that if
the last day of any period computed under this Agreement is not a business day, then
the period shall run until the end of the next business day;

n. the words importing singular shall include plural and vice versa;

o. references to any gender shall include the other and the neutral gender;

p. “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);

q. “indebtedness” shall be construed so as to include any obligation (whether incurred

as principal or surety) for the payment or repayment of money, whether present or
future, actual or contingent;

r. references to the “winding-up”, “dissolution”, “insolvency”, or “reorganisation” of a

company or corporation shall be construed so as to include any equivalent or
analogous proceedings under the law of the jurisdiction in which such company or
corporation is incorporated or any jurisdiction in which such company or
corporation carries on business including the seeking of liquidation, winding-up,
reorganisation, dissolution, arrangement, protection or relief of debtors;
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s. save and except as otherwise provided in this Agreement, any reference, at any time,
to any agreement, deed, instrument, licence or document of any description shall be
construed as reference to that agreement, deed, instrument, licence or other
document as amended, varied, supplemented, modified or suspended at the time of
such reference; provided that this Clause shall not operate so as to increase liabilities
or obligations of the Authority hereunder or pursuant hereto in any manner
whatsoever;

t. any agreement, consent, approval, authorisation, notice, communication, information

or report required under or pursuant to this Agreement from or by any Party or the
Authority’s Engineer shall be valid and effective only if it is in writing under the
hand of a duly authorised representative of such Party or the Authority’s Engineer,
as the case may be, in this behalf and not otherwise;

u. the Schedules and Recitals to this Agreement form an integral part of this
Agreement and will be in full force and effect as though they were expressly set out
in the body of this Agreement;

v. references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Agreement

shall, except where the context otherwise requires, mean references to Recitals,
Articles, Clauses, Sub-clauses and Schedules of or to this Agreement, and references
to a Paragraph shall, subject to any contrary indication, be construed as a reference
to a Paragraph of this Agreement or of the Schedule in which such reference
appears;

w. the damages payable by either Party to the other of them, as set forth in this
Agreement, whether on per diem basis or otherwise, are mutually agreed genuine
pre-estimated loss and damage likely to be suffered and incurred by the Party
entitled to receive the same and are not by way of penalty (the “Damages”); and

x. time shall be of the essence in the performance of the Parties’ respective obligations.
If any time period specified herein is extended for the reasons specified in the
Agreement, such extended time shall also be of the essence.

y. References to “Bank’’ shall mean the Asian Infrastructure Investment Bank and
OPEC Fund for International Development. The Asian Infrastructure Investment
Bank and OPEC Fund for International Development are the financing institution
which have provided funds toward a part of the cost of the Project. Payments by the
Bank will be made only at the request of the Government of Tamil Nadu through
Government of India of the funds and upon approval by the Bank in accordance with
the terms and conditions of the financing agreement (Loan Agreement) and will be
subject in all respects to the terms and conditions of that Loan Agreement. No party
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other than the Recipient shall derive any rights from the Loan Agreement or have
claim to any funds.”

1.2.2 Unless expressly provided otherwise in this Agreement, any Documentation required
to be provided or furnished by the Contractor to the Authority shall be provided free
of cost and in three copies, and if the Authority is required to return any such
Documentation with its comments and/or approval, it shall be entitled to retain two
copies thereof.

1.2.3 The rule of construction, if any, that a contract should be interpreted against the
parties responsible for the drafting and preparation thereof, shall not apply.

1.2.4 Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these
purposes, the General Clauses Act, 1897 shall not apply.

1.3 Measurements and arithmetic conventions

All measurements and calculations shall be in the metric system and calculations done
to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up
and below 5 (five) being rounded down.

1.4 The Agreement

The following documents attached hereto shall be deemed to form an integral part of
this EPC agreement

i. The Agreement
ii. Corrigendum / addendum to the agreement
iii. Letter of Acceptance
iv. Letter of Technical Tender
v. Letter of Financial/ Price Tenders
vi. Schedules
vii. Power of Attorney
viii. Joint Venture agreement if any
ix. Legal Opinion
x. Any other document to be specified
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1.5 Priority of agreements and errors/discrepancies

1.5.1 This Agreement, and all other agreements and documents forming part of or referred
to in this Agreement are to be taken as mutually explanatory and, unless otherwise
expressly provided elsewhere in this Agreement, the priority of this Agreement and
other documents and agreements forming part hereof or referred to herein shall, in the
event of any conflict between them, be in the following order:

a. this Agreement including Conditions of Contract; and

b. all other agreements and documents forming part hereof or referred to

herein; i.e. this Agreement at (a) above shall prevail over the agreements
and documents at (b).

1.5.2 Subject to the provisions of Clause1.5.1, in case of ambiguities or discrepancies

within this Agreement, the following shall apply:

a. between a Clause of this Agreement and Corrigendum, the provisions of

Corrigendum

b. between two or more Clauses of this Agreement, the provisions of a

specific Clause relevant to the issue under consideration shall prevail over
those in other Clauses;

c. between the Clauses of this Agreement and the Schedules, the Clauses
shall prevail and between Schedules and Annexes, the Schedules shall
prevail;

d. between any two Schedules, the Schedule relevant to the issue shall
prevail;

e. between the written description on the Drawings and the Specifications

and Standards, the latter shall prevail;

f. between the dimension scaled from the Drawing and its specific written
dimension, the latter shall prevail; and

g. between any value written in numerals and that in words, the latter shall
prevail.
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1.6 Joint and several liability

1.6.1 If the Contractor has formed a Consortium of two or more persons for implementing
the Project:

a. these persons shall, without prejudice to the provisions of this Agreement,

be deemed to be jointly and severally liable to the Authority for the
performance of the Agreement; and

b. the Contractor shall ensure that no change in the composition of the

Consortium is effected without the prior consent of the Authority.

1.6.2 Without prejudice to the joint and several liability of all the members of the
Consortium, the Lead Member shall represent all the members of the Consortium and
shall at all times be liable and responsible for discharging the functions and
obligations of the Contractor. The Contractor shall ensure that each member of the
Consortium shall be bound by any decision, communication, notice, action or inaction
of the Lead Member on any matter related to this Agreement and the Authority shall
be entitled to rely upon any such action, decision or communication of the Lead
Member. The Authority shall have the right to release payments solely to the Lead
Member and shall not in any manner be responsible or liable for the inter se allocation
of payments among members of the Consortium.}$

$
This Clause 1.5 may be omitted if the Contractor is not a Consortium. Even if the Contractor is a Consortium,
the Authority may, at its discretion, delete this provision.
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ARTICLE 2
SCOPE OF THE PROJECT

2.1 Scope of the Project

Under this Agreement, the scope of the Project (the “Scope of the Project”) shall
mean and include:

2.1.1 formation of the Project Highway on the Site set forth in Schedule-A and as specified
in Schedule-B together with provision of Project Facilities as specified in Schedule-C,
and in conformity with the Specifications and Standards set forth in Schedule-D;
2.1.2 maintenance of the Project Highway in accordance with the provisions of this
Agreement and in conformity with the requirements set forth in Schedule-E; and
2.1.3 performance and fulfilment of all other obligations of the Contractor in accordance
with the provisions of this Agreement and matters incidental thereto or necessary for
the performance of any or all obligations of the Contractor under this Agreement.
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ARTICLE 3
OBLIGATIONS OF THE CONTRACTOR

3.1 Obligations of the Contractor

3.1.1 Subject to and on the terms and conditions of this Agreement, the Contractor shall
undertake the survey, investigation, design, engineering, procurement, construction,
and maintenance of the Project Highway and observe, fulfil, comply with and perform
all its obligations set out in this Agreement or arising hereunder.

3.1.2 The Contractor shall comply with all Applicable Laws and Applicable Permits
(including renewals as required) in the performance of its obligations under this
Agreement.

3.1.3 Save and except as otherwise provided in this Agreement or Applicable Laws, as the
case may be, the Contractor shall, in discharge of all its obligations under this
Agreement, conform with and adhere to Good Industry Practice at all times.

3.1.4 The Contractor shall remedy any and all loss or damage to the Project, occurring on or
after the Appointed Date and until the date of Provisional Certificate, with respect to
the Works completed prior to the issuance of the Provisional Certificate and/or
Completion Certificate, with respect to the Works referred to in the Punch List, at its
own cost, save and except to the extent that any such loss or damage shall have arisen
from any default of the Authority or on account of a Force Majeure Event in which
case the provisions of Clause 21.1 shall apply.

3.1.5 The Contractor shall remedy any and all loss or damage to the Project Highway
during the Defects Liability Period at the Contractor’s cost to the extent that such loss
or damage shall have arisen out of the reasons specified in Clause 17.3.

3.1.6 The Contractor shall remedy any and all loss or damage to the Project Highway
during the Maintenance Period at the Contractor’s cost, including those stated in
Clause 14.1.2, save and except to the extent that any such loss or damage shall have
arisen on account of any default or neglect of the Authority or on account of a Force
Majeure Event in which case the provisions of Clause 21.1 shall apply.

3.1.7 The Contractor shall, at its own cost and expense, in addition to and not in derogation
of its obligations elsewhere set out in this Agreement:

(a) make, or cause to be made, necessary applications to the relevant Government

Instrumentalities with such particulars and details as may be required for
obtaining Applicable Permits set forth in Schedule-F and obtain and keep in
force and effect such Applicable Permits in conformity with the Applicable
Laws;
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(b) procure, as required, the appropriate proprietary rights, licences, agreements and
permissions for Materials, methods, processes and systems used or incorporated
into the Project Highway;

(c) make reasonable efforts to maintain harmony and good industrial relations
among the personnel employed by it or its Sub-contractors in connection with
the performance of its obligations under this Agreement;

(d) ensure and procure that its Sub-contractors comply with all Applicable Permits
and Applicable Laws in the performance by them of any of the Contractor’s
obligations under this Agreement;

(e) not do or omit to do any act, deed or thing which may in any manner be
violative of any of the provisions of this Agreement;

(f) support, cooperate with and facilitate the Authority in the implementation and
operation of the Project in accordance with the provisions of this Agreement;

(g) ensure that the Contractor and its Sub-contractors comply with the safety and
welfare measures for labour in accordance with the Applicable Laws and Good
Industry Practice;

(h) keep, on the Site, a copy of this Agreement, publications named in this
Agreement, the Drawings, Documents relating to the Project, and Change of
Scope Orders and other communications given under this Agreement. The
Authority’s Engineer and its authorized personnel shall have the right of access
to all these documents at all reasonable times;

(i) Cooperate with other contractors employed by the Authority and personnel of
any public authority; and

(j) Not interfere unnecessarily or improperly with the convenience of the public, or
the access to and use and occupation of all roads and footpaths, irrespective of
whether they are public or in the possession of the Authority or of others.

3.1.8 The Contractor shall undertake all necessary superintendence to plan, arrange, direct,
manage, inspect and test the Works.

3.1.9 Inspections and Audit by the Bank

The Contractor shall permit, and shall cause its Subcontractors and sub-consultants to
permit, the Bank and/or persons appointed by the Bank to inspect the Site and all
accounts and records relating to the performance of the Contract and the submission
of the Tender, and to have such accounts and records audited by auditors appointed by
the Bank if requested by the Bank. The Contractor’s and its Subcontractors’ and sub-
 15

consultants’ attention is drawn to Clause 3.9 [Policy on Prohibited Practices] which

provides, inter alia, that acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under Clause 11.6.1 constitute a prohibited
practice subject to contract termination (as well as to a determination of ineligibility
pursuant to the Bank’s prevailing sanctions procedures).

3.2 Obligations relating to sub-contracts and any other agreements

3.2.1 The Contractor shall not sub-contract any Works in more than 40% (forty per cent) of
the Contract Price, and shall carry out Works directly under its own supervision and
through its own personnel in at least 60% (sixty per cent) of the Contract Price.
Provided, however, that in respect of the Works carried out directly by the Contractor,
it may enter into contracts for the supply and installation of Materials, Plant,
equipment, road furniture, safety devices and labour, as the case may be, for such
Works. For the avoidance of doubt, the Parties agree that the Contractor may sub-
divide the aforesaid length of 60% (sixty per cent) in no more than 5 (five) sections of
the Project Highway. The Parties further agree that all obligations and liabilities under
this Agreement for the entire project Highway shall at all times remain with the
Contractor. {The Parties also agree that obligation of the Contractor to carry out
Works directly in at least 60% (sixty per cent) of the Contract Price shall be
discharged solely by the Lead Member.}$

3.2.2. In the event any sub-contract for Works, or the aggregate of such sub-contracts with
any Sub-contractor, exceeds 5% (five percent) of the Contract Price, the Contractor
shall communicate the name and particulars, including the relevant experience of the
sub-contractor, to the Authority prior to entering into any such sub-contract. The
Authority shall examine the particulars of the sub-contractor from the national
security and public interest perspective and may require the Contractor, no later than
15 (fifteen) business days from the date of receiving the communication from the
Contractor, not to proceed with the sub-contract, and the Contractor shall comply
therewith.

3.2.3 In the event any sub-contract referred to in Clause 3.2.2 relates to a sub-contractor
who has, over the preceding 3 (three) years, not undertaken at least one work of a
similar nature with a contract value exceeding 80% (eighty per cent) of the value of
the sub-contract to be awarded hereunder and received payments in respect thereof for
an amount equal to at least such 80% (eighty per cent), the Authority may, no later
than 15 (fifteen) business days from the date of receiving the communication from the
Contractor, require the Contractor not to proceed with such sub-contract, and the
Contractor shall comply therewith.

$
May be deleted if the Contractor is not a Consortium.
 16

3.2.4 It is expressly agreed that the Contractor shall, at all times, be responsible and liable
for all its obligations under this Agreement notwithstanding anything contained in the
agreements with its Sub-contractors or any other agreement that may be entered into
by the Contractor, and no default under any such agreement shall excuse the
Contractor from its obligations or liability hereunder.

3.3 Employment of foreign nationals

The Contractor acknowledges, agrees and undertakes that employment of foreign

personnel by the Contractor and/or its Sub-contractors and their sub-contractors shall
be subject to grant of requisite regulatory permits and approvals including
employment/residential visas and work permits, if any required, and the obligation to
apply for and obtain the same shall and will always be of the Contractor.
Notwithstanding anything to the contrary contained in this Agreement, refusal of or
inability to obtain any such permits and approvals by the Contractor or any of its Sub-
contractors or their sub-contractors shall not constitute Force Majeure Event, and shall
not in any manner excuse the Contractor from the performance and discharge of its
obligations and liabilities under this Agreement.

3.4 Contractor’s personnel

3.4.1 The Contractor shall ensure that the personnel engaged by it or by its Sub-
contractors in the performance of its obligations under this Agreement are at all
times appropriately qualified, skilled and experienced in their respective functions
in conformity with Good Industry Practice. “The contractor shall give preference to
the local villagers for unskilled labour requirements and provide a quarterly report
to the Authority Engineer on the details of person-days of employment provided to
the local villagers (for both men and women separately)”.

3.4.2 The Authority’s Engineer may, for reasons to be specified in writing, direct the
Contractor to remove any member of the Contractor’s or Sub-contractor’s personnel.
Provided that any such direction issued by the Authority’s Engineer shall specify the
reasons for the removal of such person a) persists in any misconduct or lack of care,
b) carries out duties incompetently or negligently, c) fails to conform with any
provisions of the contract d) persists in any conduct which is prejudicial to safety,
health or the protection of the environment.

3.4.3 The Contractor shall on receiving such a direction from the Authority’s Engineer
order for the removal of such person or persons with immediate effect. It shall be the
duty of the Contractor to ensure that such persons are evicted from the Site within
10 (ten) days of any such direction being issued in pursuance of Clause 3.4.2. The
Contractor shall further ensure that such persons have no further connection with the
 17

Works or Maintenance under this Agreement. The Contractor shall then appoint (or
cause to be appointed) a replacement.

3.5 Advertisement on Project Highway

The Project Highway or any part thereof shall not be used in any manner to advertise
any commercial product or services.

3.6 Contractor's care of the Works

The Contractor shall bear full risk in and take full responsibility for the care of the
Works, and of the Materials, goods and equipment for incorporation therein, from the
Appointed Date until the date of Provisional Certificate (with respect to the Works
completed prior to the issuance of the Provisional Certificate) and/or Completion
Certificate (with respect to the Works referred to in the Punch List), and during
maintenance period save and except to the extent that any such loss or damage shall
have arisen from any default or neglect of the Authority.

3.7 Electricity, water and other services

The Contractor shall be responsible for procuring of all power, water and other
services that it may require.

3.8 Unforeseeable difficulties

Except as otherwise stated in the Agreement:

a. the Contractor accepts complete responsibility for having foreseen all

difficulties and costs of successfully completing the Works;

b. the Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs; and

c. the Scheduled Completion Date shall not be adjusted to take account of any
unforeseen difficulties or costs.

d. unforeseeable difficulties include physical conditions like man-made or natural

physical conditions including sub-surface and hydrological conditions which the
Contractor encounters at the Site during execution of the Works

e. If the contractor encounters adverse sub-surface conditions, that he considers to

have been unforeseeable, the Contractor shall give notice to the Authority’s
Engineer as soon as practicable,

This notice shall describe the sub-surface conditions, so that they can be inspected by
the Authority’s Engineer and shall set out the reasons why the Contractor considers
them to be unforeseeable. The Contractor shall comply with any instructions the
 18

Authority’s Engineer instruction constitutes a Change in Scope, then provisions of

Clause 13 (Change of Scope) shall apply.

3.9 Prohibited Practices

3.9.1 “For the purposes of this Sub clause: AIIB’s Policy on Prohibited Practices (2016, as
amended to date) requires that the Recipient (and all other beneficiaries of the Bank
financing), as well as tenderers, suppliers, contractors, concessionaires and consultants under
Bank-financed contracts for the Project, observe the highest standard of transparency and
integrity during the procurement, execution and implementation of such contracts.

3.9.2 Definitions. In pursuance of this policy, the Bank defines the terms set forth below as
Prohibited Practices:

(a) “coercive practice” means impairing or harming, or threatening to impair or

harm, directly or indirectly, any party or the property of a party to influence
improperly the actions of a party;

(b) “collusive practice” means an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions of
another party;

(c) “corrupt practice” means the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;

(d) “fraudulent practice” means any act or omission, including a misrepresentation,

that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation.

(e) “misuse of resources” means improper use of the Bank’s resources, carried out
either intentionally or through reckless disregard;

(f) “obstructive practice” means any of the following practices: (i) deliberately
destroying, falsifying, altering or concealing of evidence material to a Bank
investigation; (ii) making false statements to investigators in order to materially
impede a Bank investigation into allegations of a Prohibited Practice; (iii) failing
to comply with requests to provide information, documents or records in
connection with a Bank investigation; (iv) threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to a
Bank investigation or from pursuing the investigation; or (v) materially impeding
the exercise of the Bank’s contractual rights of audit or inspection or access to
information; and

(g) “theft” means the misappropriation of property belonging to another party.

 19

3.9.3 Any occurrence, or suspected occurrence, of a Prohibited Practice in the

procurement, award, or implementation of a Bank-financed contract is dealt with
in accordance with the provisions of the Bank’s Policy on Prohibited Practices.
Suppliers, contractors, service providers and consultants selected pursuant to the
provisions of Section II and concessionaires selected pursuant to paragraph 14.3
of the Bank’s Procurement Instructions for Recipients, as well as the Recipient
shall fully cooperate with the Bank (or a cofinancier undertaking an investigation
pursuant to paragraph 6.1 of the Bank’s Procurement Instructions for Recipients)
in any investigation into an alleged Prohibited Practice to be carried out pursuant
to the Policy on Prohibited Practices, and permit the Bank or its representative
(including such co-financier) to inspect such of their accounts and records as may
be relevant for such investigation and to have such records and accounts audited
by the auditors appointed by the Bank.

3.9.4 Provisions to this effect are included in the Legal Agreements and the
procurement contracts with such entities.

3.9.5 If the Project is financed by a sovereign-backed loan, the Bank (or, where
relevant, a co-financier having undertaken an investigation pursuant to paragraph
6.1 of the Bank’s Procurement Instructions for Recipients):

(a) may take any of the following additional actions in connection with a Prohibited
Practice under the Project:

(i) reject a proposal for award if it determines that the tenderer recommended for
award, or any of its personnel, or its agents, or its sub-consultants,
subcontractors, service providers, suppliers or their employees, has, directly or
indirectly, engaged in a prohibited practice in competing for the contract in
question; and

(ii) cancel the undisbursed portion of the loan allocated to a contract (and require
reimbursement of the disbursed portion of the loan allocated to the contract) if
it determines at any time that representatives of the Recipient or of a recipient
of any part of the proceeds of the loan engaged in a prohibited practice during
the procurement, administration or implementation of the contract in question;
and

(b) requires that a clause be included in tender documents and in contracts

financed by the Bank loan, requiring tenderers, suppliers and contractors, and
their subcontractors, agents, personnel, consultants, service providers, or
suppliers, to permit the Bank (and a co-financier undertaking an investigation
pursuant to paragraph 6.1 of the Bank’s Procurement Instructions for
Recipients) to inspect all accounts, records, and other documents relating to
 20

the submission of tenders and contract performance, and to have them audited
by auditors appointed by the Bank.

3.10 The Contractor shall comply with all applicable national, provincial and local
environmental laws regulations. The Contractor shall (a) establish an operational
system for managing environmental and social impacts (b) carry out all of the
monitoring and mitigating measures set forth in the Environmental Impact
Assessment and prepare an updated Environmental Management Plan (EMP)
including the action plan and checklist. The Contractor shall allocate the budget
required to ensure that such measures are carried out and submit quarterly/semi-
annual reports on carrying out of such measures to the Authority. More particularly,
the contractor shall comply with (i) the measures and requirements set forth in the
environmental management plan attached here to as Volume III; and (ii) any
corrective or preventive actions setout in safeguards monitoring reports that the
Authority will prepare from time to time to monitor implementation of the
Environmental Management Plan.

The Contractor shall not carry out mobilization to Site (e.g. limited clearance for haul
roads, site accesses and work site establishment, geotechnical investigations or
investigations to select ancillary features such as quarries and borrow pits) unless the
Engineer gives a Notice of No-objection to the Contractor, a Notice that shall not be
unreasonably delayed, to the measures the Contractor proposes to manage the ES
risks and impacts, which at a minimum shall include applying the MSIPs and Code of
Conduct for Contractor’s Personnel submitted as part of the Tender and agreed as part
of the Contract.

The Contractor shall submit, to the Engineer for Review and approval, any additional
MSIPs as are necessary to manage the ES risks and impacts of ongoing Works (e.g.
excavation, earth works, bridge and structure works, stream and road diversions,
quarrying or extraction of materials, concrete batching and asphalt manufacture).
These MSIPs collectively comprise the Contractor’s Environmental and Social
Management Plan (C-ESMP). The Contractor shall review the C-ESMP, periodically
(but not less than every six (6) months), and update it as required to ensure that it
contains measures appropriate to the Works. The updated C-ESMP shall be submitted
to the Engineer for Review.

The C-ESMP and the Contractor’s Code of Conduct shall be included as Contractor’s
Documents. The procedures for Review of the C-ESMP and its updates shall be as
described in Clause of Preparation and Review.

The Contractor shall allocate a budget for compliance with these measures,
requirements and actions.
 21

3.11 The Contractor shall provide the Authority’s Engineer with a written notice of any
unanticipated environmental or resettlement or indigenous peoples risks or impacts
that arise during construction, implementation or operation of the works which were
not considered in the Environmental Impact Assessment, the environmental
management plan, EMoP, RPF, the resettlement action plan or the indigenous peoples
plan.

3.12. The Contractor shall not employ any child to perform any work, including work that is
economically exploitative, or is likely to hazardous to, or interfere with, the child’s
education, or to be harmful to the child’s health or physical, mental, spiritual, moral or
social development. ‘Child’ means, a child below the statutory minimum age (18
years) specified under the “Child Labour (Prohibition and Regulation) Act, 1986”

3.13. For the Health and Safety Obligations,

The Contractor shall submit to the Engineer for Review a health and safety manual
which has been specifically prepared for the Works, the Site and other places (if any)
where the Contractor intends to execute the Works. The procedures for Review of the
health and safety manual and its updates shall be as described in Clause of Preparation
and Review.

The health and safety manual shall be in addition to any other similar document
required under applicable health and safety regulations and Laws.

The health and safety manual shall set out all the health and safety requirements under
the Contract, which shall include at a minimum of the followings and any other
requirements stated in the Specification.

i. the procedures to establish and maintain a safe working environment without risk to
health at all workplaces, machinery, equipment and processes under the control of the
Contractor, including control measures for chemical, physical and biological
substances and agents;

ii. details of the training to be provided, records to be kept;

iii. the procedures for prevention, preparedness and response activities to be implemented
in the case of an emergency event (i.e. an unanticipated incident, arising from both
natural and man-made hazards, typically in the form of fire, explosions, leaks or
spills, which may occur for a variety of different reasons including failure to
implement operating procedures that are designed to prevent their occurrence,
extreme weather or lack of early warning);

iv. the measures to be taken to avoid or minimize the potential for community exposure
to water-borne, water-based, water related, and vector-borne diseases; and
 22

v. the measures to be implemented to avoid or minimize the spread of communicable

diseases (including transfer of Sexually Transmitted Diseases or Infections (STDs),
such as HIV virus) and non-communicable diseases associated with the execution of
the Works, taking into consideration differentiated exposure to and higher sensitivity
of vulnerable groups. This includes taking measures to avoid or minimize the
transmission of communicable diseases that may be associated with the influx of
temporary or permanent Contract related labour.

The Contractor shall (a)(i) carry out HIV/AIDS awareness programmes through
implementation support consultants for labour and disseminate information at
worksites on risks of sexually transmitted disease and HIV/AIDS as part of health and
safety measures to those employed during construction; and in Project influenced
areas (ii) follow and implement all statutory provisions on labor (including equal pay
for equal work), health safety, welfare, increased sanitation and working conditions;
and local poor and disadvantaged persons of women and local poor and disadvantaged
persons for construction purposes, provided that the requirements for efficiency are
adequately met. Breach of this provision shall be cause for termination of the
Contract.

3.14 - Workers’ Organizations: In countries where the relevant labour laws recognise
workers’ rights to form and to join workers’ organisations of their choosing without
interference and to bargain collectively, the Contractor shall comply with such laws.
Where the relevant labour laws substantially restrict workers’ organisations, the
Contractor shall enable alternative means for the Contractor’s Personnel to express
their grievances and protect their rights regarding working conditions and terms of
employment. In either case described above, and where the relevant labour laws are
silent, the Contractor shall not discourage the Contractor’s Personnel from forming or
joining workers’ organisations of their choosing or from bargaining collectively, and
shall not discriminate or retaliate against the Contractor’s personnel who participate,
or seek to participate, in such organisations and bargain collectively. The Contractor
shall engage with such workers’ representatives. Workers’ organisations are expected
to fairly represent the workers in the workforce.

3.15 Grievance Redressal Mechanism ( GRM )

The Contractor shall have the respective grievance mechanisms for Contractor’s
Personnel and Project Affected People to raise workplace concerns and construction
related nuisance. The grievance mechanisms shall be proportionate to the nature,
scale, risks and impacts of the Contract. The mechanism shall address concerns
promptly, using an understandable and transparent process that provides timely
feedback to those concerned in a language they understand, without any retribution,
and shall operate in an independent and objective manner.
 23

The Contractor’s Personnel and Project Affected People shall be informed of the
grievance mechanisms at the earliest convenience, and the measures put in place to
protect them against any reprisal for its use. Measures will be put in place to make the
grievance mechanisms easily accessible to all Contractor’s Personnel and Project
Affected People.

The grievance mechanisms shall not impede access to other judicial or administrative
remedies that might be available, or substitute for grievance mechanisms provided
through collective agreements.

The grievance mechanisms may utilize existing grievance mechanisms, providing that
they are properly designed and implemented, address concerns promptly, and are
readily accessible. Existing grievance mechanisms may be supplemented as needed
with Contract specific arrangements.

- Non-Discrimination and Equal Opportunity

The Contractor shall not make employment decisions on the basis of personal
characteristics unrelated to inherent job requirements. The Contractor shall base the
employment relationship on the principle of equal opportunity and fair treatment, and
shall not discriminate with respect to aspects of the employment relationship,
including recruitment and hiring, compensation (including wages and benefits),
working conditions and terms of employment, access to , promotion, termination of
employment or retirement, and discipline. In countries where the relevant labour laws
provide for non-discrimination in employment, the Contractor shall comply with such
laws. When the relevant labour laws are silent on non-discrimination in employment,
the Contractor shall meet this Sub-Clause’s requirements. Special measures of
protection or assistance to remedy past discrimination or selection for a particular job
based on the inherent requirements of the job shall not be deemed discrimination.

The Contractor shall inform the Contractor’s Personnel about their liability to pay
personal income taxes in the Country in respect of such of their salaries, wages,
allowances and any benefits as are subject to tax under the Laws of the Country for
the time being in force, and the Contractor shall perform such duties in regard to such
deductions thereof as may be imposed on him/her by such Laws.

The Contractor shall provide the Contractor’s Personnel annual holiday and sick,
maternity and family leave, as required by applicable Laws or as stated in the
Specification.

The Contractor shall maintain quality of accommodation and welfare facilities in

compliance with national and local law and good practice, including sanitation, space,
etc. if such accommodation and welfare facilities are provided by the Contractor.
 24

The Contractor shall arrange for the provision of a sufficient supply of suitable food
as may be stated in the Specification at reasonable prices for the Contractor’s
Personnel for the purposes of or in connection with the Contract.

The Contractor shall, having regard to local conditions, provide on the Site an
adequate supply of drinking and other water for the use of the Contractor’s Personnel.

The Contractor shall at all times take the necessary precautions to protect the
Contractor’s Personnel employed on the Site from insect and pest nuisance, and to
reduce the danger to their health. The Contractor shall comply with all the regulations
of the local health authorities, including use of appropriate insecticide.

The Contractor shall be entitled to place all insurances relating to the Contract with
insurers from any eligible source country. The Employer and the Engineer shall also
be indemnified under the policy of insurance, against liability for claims, damages,
losses and expenses (including legal fees and expenses) arising from injury, sickness,
disease or death of any person employed by the Contractor or any other of the
Contractor’s Personnel, except that this insurance may exclude losses and claims to
the extent that they arise from any act or neglect of the Employer or of the Employer's
Personnel.

The Contractor shall not make decisions relating to the employment or treatment of
Contractor’s Personnel on the basis of personal characteristics unrelated to inherent
job requirements. The Contractor shall base the employment of Contractor’s
Personnel on the principle of equal opportunity and fair treatment, and shall not
discriminate with respect to any aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and benefits), working
conditions and terms of employment, access to training, job assignment, promotion,
termination of employment or retirement, and disciplinary practices.

Special measures of protection or assistance to remedy past discrimination or

selection for a particular job based on the inherent requirements of the job shall not be
deemed discrimination. The Contractor shall provide protection and assistance as
necessary to ensure nondiscrimination and equal opportunity, including for specific
groups such as women, people with disabilities, migrant workers and children.
 25

ARTICLE 4
OBLIGATIONS OF THE AUTHORITY

4.1 Obligations of the Authority

4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform
all its obligations set out in this Agreement or arising hereunder.

4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project,
Project Facilities, Specifications and Standards and the criteria for testing of the
completed Works.

4.1.3 The Authority shall provide to the Contractor:

(a) upon receiving the Performance Security under Clause 7.1.1, the Right of Way in
accordance with the provisions of Clauses 8.2 and 8.3 as specified in schedule A;

(b) Deleted

(c) Environmental clearance has been obtained and conditions in the clearance or
other consents, permissions, and the EMP and EMoP, are to be implemented.

4.1.4 Delay in providing the Right of Way or approval of GAD by railway authorities, as
the case may be, in accordance with the provisions of Clause 4.1.3 shall entitle the
Contractor to Damages in a sum calculated in accordance with the provisions of
Clause 8.3 of this Agreement and Time Extension in accordance with the provisions
of Clause 10.5 of this Agreement. For the avoidance of doubt, the Parties agree that
the Damages for delay in approval of GAD by the railway authorities for a particular
road over-bridge/under-bridge shall be deemed to be equal to the Damages payable
under the provisions of Clause 8.3 for delay in providing Right of Way for a length of
2 (two) kilometre for each such road over-bridge/under-bridge.

4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties
expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 9.2
shall not exceed 1% (one per cent) of the Contract Price. For the avoidance of doubt,
the Damages payable by the Authority under the aforesaid Clauses shall not be
cumulative if they arise concurrently from more than one cause but relate to the same
part of the Project Highway.

Both the parties agree that payment of these Damages shall be full and final
settlement of all claims of the Contractor and such compensation shall be the sole
remedy against delays of the Authority and both parties further agree this as final cure
against delays of the Authority.

4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe,
comply with and perform, subject to and in accordance with the provisions of this
Agreement and the Applicable Laws, the following:
 26

(a) upon written request from the Contractor, and subject to the Contractor
complying with Applicable Laws, provide reasonable support to the Contractor
in procuring Applicable Permits required from any Government Instrumentality
for implementation of the Project;

(b) upon written request from the Contractor, provide reasonable assistance to the
Contractor in obtaining access to all necessary infrastructure facilities and
utilities, including water and electricity at rates and on terms no less favourable
than those generally available to commercial customers receiving substantially
equivalent services;

(c) procure that no barriers that would have a material adverse effect on the works
are erected or placed on or about the Project Highway by any Government
Instrumentality or persons claiming through or under it, except for reasons of
Emergency, national security, law and order or collection of inter-state taxes;

(d) not do or omit to do any act, deed or thing which may in any manner be violative
of any of the provisions of this Agreement;

(e) support, cooperate with and facilitate the Contractor in the implementation of the
Project in accordance with the provisions of this Agreement; and

(f) upon written request from the Contractor and subject to the provisions of Clause
3.3, provide reasonable assistance to the Contractor and any expatriate personnel
of the Contractor or its Sub-contractors to obtain applicable visas and work
permits for the purposes of discharge by the Contractor or its Sub-contractors of
their obligations under this Agreement and the agreements with the Sub-
contractors.

4.2 Maintenance obligations prior to the Appointed Date

The Authority shall, prior to the Appointed Date, maintain the Project Highway, at its
own cost and expense, so that its traffic worthiness and safety are at no time
materially inferior as compared to its condition 10 (ten) days prior to the last date for
submission of the Tender, and in the event of any material deterioration or damage
other than normal wear and tear, undertake repair thereof. For the avoidance of doubt,
the Authority shall undertake only routine maintenance prior to the Appointed Date,
and it shall undertake special repairs only in the event of excessive deterioration or
damage caused due to unforeseen events such as floods or earthquake.

4.3 Environmental Clearances

The Authority represents and warrants that the environmental clearances are required
for construction of the Project but the EMP and EMoP are to be implemented. The
conditions set in the environmental clearance and other consents or permissions will
be implemented.
 27

ARTICLE 5
REPRESENTATIONS AND WARRANTIES

5.1 Representations and warranties of the Contractor

The Contractor represents and warrants to the Authority that:

(a) it is duly organised and validly existing under the laws of the Country of its
incorporation/ origin, and has full power and authority to execute and perform its
obligations under this Agreement and to carry out the transactions contemplated
hereby;

(b) it has taken all necessary corporate and/or other actions under Applicable Laws
to authorise the execution and delivery of this Agreement and to validly exercise
its rights and perform its obligations under this Agreement;

(c) this Agreement constitutes its legal, valid and binding obligation, enforceable
against it in accordance with the terms hereof, and its obligations under this
Agreement will be legally valid, binding and enforceable obligations against it in
accordance with the terms hereof;

(d) it is subject to the laws of India, and hereby expressly and irrevocably waives any
immunity in any jurisdiction in respect of this Agreement or matters arising
thereunder including any obligation, liability or responsibility hereunder;

(e) the information furnished in the Tender and as updated on or before the date of
this Agreement is true and accurate in all respects as on the date of this
Agreement;

(f) the execution, delivery and performance of this Agreement will not conflict with,
result in the breach of, constitute a default under, or accelerate performance
required by any of the terms of its memorandum and articles of association or
any Applicable Laws or any covenant, contract, agreement, arrangement,
understanding, decree or order to which it is a party or by which it or any of its
properties or assets is bound or affected;

(g) there are no actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before
any other judicial, quasi-judicial or other authority, the outcome of which may
result in the breach of this Agreement or which individually or in the aggregate
may result in any material impairment of its ability to perform any of its
obligations under this Agreement;
 28

(h) it has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any Government
Instrumentality which may result in any material adverse effect on its ability to
perform its obligations under this Agreement and no fact or circumstance exists
which may give rise to such proceedings that would adversely affect the
performance of its obligations under this Agreement;

(i) it has complied with Applicable Laws in all material respects and has not been
subject to any fines, penalties, injunctive relief or any other civil or criminal
liabilities which in the aggregate have or may have a material adverse effect on
its ability to perform its obligations under this Agreement;

(j) no representation or warranty by it contained herein or in any other document

furnished by it to the Authority or to any Government Instrumentality in relation
to Applicable Permits contains or will contain any untrue or misleading statement
of material fact or omits or will omit to state a material fact necessary to make
such representation or warranty not misleading;

(k) no sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to
any person by way of fees, commission or otherwise for securing the contract or
entering into this Agreement or for influencing or attempting to influence any
officer or employee of the Authority in connection therewith;

(l) all information provided by the {selected Tenderer/ members of the Consortium}
in response to the Request for Qualification and Request for Proposals or
otherwise, is to the best of its knowledge and belief, true and accurate in all
material respects; and

(m) nothing contained in this Agreement shall create any contractual relationship or
obligation between the Authority and any Sub-contractors, designers, consultants
or agents of the Contractor.

5.2 Representations and warranties of the Authority

The Authority represents and warrants to the Contractor that:

(a) it has full power and authority to execute, deliver and perform its obligations
under this Agreement and to carry out the transactions contemplated herein and
that it has taken all actions necessary to execute this Agreement, exercise its
rights and perform its obligations, under this Agreement;

(b) it has taken all necessary actions under the Applicable Laws to authorise the
execution, delivery and performance of this Agreement;
 29

(c) it has the financial standing and capacity to perform its obligations under this
Agreement;

(d) this Agreement constitutes a legal, valid and binding obligation enforceable
against it in accordance with the terms hereof;

(e) it has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any
Government Instrumentality which may result in any material adverse effect on
the Authority’s ability to perform its obligations under this Agreement;

(f) it has complied with Applicable Laws in all material respects;

(g) it has good and valid right to the Site and has the power and authority to grant the
Right of Way in respect thereof to the Contractor; and

(h) it has procured Right of Way and environment clearances such that the Contractor
can commence construction forthwith on the Project Highway as per Schedule A.

5.3 Disclosure

In the event that any occurrence or circumstance comes to the attention of either Party
that renders any of its aforesaid representations or warranties untrue or incorrect, such
Party shall immediately notify the other Party of the same. Such notification shall not
have the effect of remedying any breach of the representation or warranty that has
been found to be untrue or incorrect nor shall it adversely affect or waive any
obligation of either Party under this Agreement.
 30

ARTICLE 6
DISCLAIMER

6.1 Disclaimer

6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the
Contractor has, after a complete and careful examination, made an independent
evaluation of the Request for Qualification, Request for Proposal, Scope of the
Project, Specifications and Standards of design, construction and maintenance, Site,
local conditions, physical qualities of ground, subsoil and geology, traffic volumes,
suitability and availability of access routes to the Site and all information provided by
the Authority or obtained, procured or gathered otherwise, and has determined to its
satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties,
risks and hazards as are likely to arise or may be faced by it in the course of
performance of its obligations hereunder. Save as provided in Clause 4.1.2 and Clause
5.2, the Authority makes no representation whatsoever, express, implicit or otherwise,
regarding the accuracy, adequacy, correctness, reliability and/or completeness of any
assessment, assumptions, statement or information provided by it and the Contractor
confirms that it shall have no claim whatsoever against the Authority in this regard.

6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the
correctness and sufficiency of the Contract Price.

6.1.3 Except as provided in clause 3.8, the Contractor acknowledges and hereby accepts the
risk of inadequacy, mistake or error in or relating to any of the matters set forth in
Clause 6.1.1 above and hereby acknowledges and agrees that the Authority shall not
be liable for the same in any manner whatsoever to the Contractor, or any person
claiming through or under any of them, and shall not lead to any adjustment of
Contract Price or Scheduled Completion Date.

6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth
in Clause 6.1.1 above shall not vitiate this Agreement, or render it voidable.

6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of
the matters set forth in Clause 6.1.1 above, that Party shall immediately notify the
other Party, specifying the mistake or error.

6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall
be borne by the Contractor; and the Authority shall not be liable in any manner for
such risks or the consequences thereof.
 31

ARTICLE 7
PERFORMANCE SECURITY

7.1 Performance Security

7.1.1 The Contractor shall, for the performance of its obligations hereunder during the
Construction Period, provide to the Authority, within ten (10) days of the date of this
Agreement, an irrevocable and unconditional guarantee from a reputable bank or
financial institution selected by the Contractor and acceptable to the Authority in a
form set forth in Schedule-G (the “Performance Security”) for an amount equal to
7.5% (seven and a half percent) of the Contract Price. If the institution issuing the
Performance Security is located outside India, it shall have a correspondent financial
institution located in India to make it enforceable. The Contractor has the option of
submitting three bank guarantees of equal amount towards Performance Security
totaling to 7.5% (seven and half percent) of the Contract Price. The Performance
Security shall be valid until 60 (sixty) days after the Defects Liability Period. Until
such time the Performance Security is provided by the Contractor pursuant hereto and
the same comes into effect, the Tender Security shall remain in force and effect, and
upon such provision of the Performance Security, the Authority shall release the
Tender Security to the Contractor.

The Contractor shall along with the Performance Security provide to the Authority an
irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs..........
crore(Rupees .... crore) in the form set forth in Schedule-G (the "Additional
Performance Security"), to be modified, mutatis mutandis, for this purpose as security
to the Authority if the Tender Price offered by the Contractor is lower by more than
10% with respect to the Estimated Project Cost. Additional Performance Security
shall be calculated as under:

(i) If the Tender price offered by the Contractor is lower than 10% but upto 20%
of the Estimated Project Cost, then the Additional Performance Security shall
be calculated @20% of the difference in the (a) Estimated Project Cost (as
mentioned in Tender)-10% of the Estimated Project Cost and (b) the Tender
Price offered by the selected Tenderer.

(ii) If the Tender price offered by the Contractor is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be
calculated @30% of the difference in the (a) Estimated Project Cost (as
mentioned in Tender)-10% of the Estimated Project Cost and (b) the Tender
Price offered by the selected Tenderer.
 32

(iii) The Additional Performance Security shall be valid until 28 (twenty eight)
days after the issue of Completion Certificate under Article 12 of this
Agreement.

(iv) The Additional Performance Security shall not be treated as part of

Performance Security.

In cases of unbalanced/ front loaded Tenders, the Contractor shall along with the
Performance Security provide to the Authority an irrevocable and unconditional
guarantee from a Bank for a sum equivalent to Rs. ......... crore (Rupees .... crore) in
the form set forth in Schedule-G (the "Additional Performance Security"), to be
modified, mutatis mutandis, for this purpose as security to the Authority, if the
Tender, which results in the lowest evaluated Tender Price, is seriously unbalanced or
front-loaded in the opinion of the Employer, the Employer may require the Tenderer
to produce detailed price analyses for any or all items of the Bill of Quantities, to
demonstrate the internal consistency of those prices with the construction methods
and schedule proposed, as well as the pricing and sources of materials, equipment and
labor.

7.1.2 Notwithstanding anything to the contrary contained in this Agreement, the Parties
agree that in the event of failure of the Contractor to provide the Performance Security
in accordance with the provisions of Clause 7.1.1 and within the time specified
therein or such extended period as may be provided by the Authority, in accordance
with the provisions of Clause 7.1.3, the Authority may encash the Tender Security and
appropriate the proceeds thereof as Damages, and thereupon all rights, privileges,
claims and entitlements of the Contractor under or arising out of this Agreement shall
be deemed to have been waived by, and to have ceased with the concurrence of the
Contractor, and this Agreement shall be deemed to have been terminated by mutual
agreement of the Parties.

7.1.3 In the event the Contractor fails to provide the Performance Security within 10 (ten)
days of this Agreement, it may seek extension of time for a period not exceeding 20
(twenty) days on payment of Damages for such extended period in a sum calculated at
the rate of 0.05% (zero point zero five per cent) of the Contract Price for each day
until the Performance Security is provided.

7.2 Deleted

7.3 Appropriation of Performance Security

7.3.1 Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to
its other rights and remedies hereunder or in law, be entitled to encash and appropriate
the relevant amounts from the Performance Security as Damages for such
Contractor’s Default.
 33

7.3.2 Upon such encashment and appropriation from the Performance Security, the
Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial
appropriation, to its original level the Performance Security, and in case of
appropriation of the entire Performance Security provide a fresh Performance
Security, as the case may be, and the Contractor shall, within the time so granted,
replenish or furnish fresh Performance Security as aforesaid failing which the
Authority shall be entitled to terminate the Agreement in accordance with Article 23.
Upon replenishment or furnishing of a fresh Performance Security, as the case may
be, as aforesaid, the Contractor shall be entitled to an additional Cure Period of 30
(thirty) days for remedying the Contractor’s Default, and in the event of the
Contractor not curing its default within such Cure Period, the Authority shall be
entitled to encash and appropriate such Performance Security as Damages, and to
terminate this Agreement in accordance with Article 23.

7.4 Release of Performance Security

The Authority shall return the Performance Security to the Contractor within 60
(sixty) days of the later of the expiry of the Defects Liability Period under this
Agreement. Notwithstanding the aforesaid, the Parties agree that the Authority shall
not be obliged to release the Performance Security until all Defects identified during
the Defects Liability Period have been rectified. In case the Contractor has provided
three bank guarantees in accordance with Clause 7.1.1, the Authority shall return one
of the guarantees to the Contractor 2 (two) years after completion of construction, the
second bank guarantee after 4 (four) years after the completion of construction and
the third bank guarantee after 60 day after the defect liability period as mentioned in
7.1.1 above.

7.5 Retention Money1

7.5.1 From every payment for Works due to the Contractor in accordance with the
provisions of Clause 19.5, the Authority shall deduct 6% (six per cent) thereof as
guarantee money for performance of the obligations of the Contractor during the
Construction Period (the “Retention Money”) subject to the condition that the
maximum amount of Retention Money shall not exceed 5% (five per cent) of the
Contract Price.

7.5.2 Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to
its other rights and remedies hereunder or in law, be entitled to appropriate the
relevant amounts from the Retention Money as Damages for such Contractor’s
Default.

1
The Authority may, in its discretion, omit Clause 7.5 and in lieu thereof increase the Performance Security
under Clause 7.1 from 7.5% (seven point five per cent) to 10% (ten percent).
 34

7.5.3 The Contractor may, upon furnishing an irrevocable and unconditional bank
guarantee substantially in the form provided at Annex-II of Schedule-G, require the
Authority to refund the Retention Money deducted by the Authority under the
provisions of Clause 7.5.1. Provided that the refund hereunder shall be made in
tranches of not less than 1% (one per cent) of the Contract Price.

7.5.4 Within 15 (fifteen) days of the date of issue of the Completion Certificate, one half of
the Retention Money (or Bank guarantee, which replaced Retention Money) shall be
certified by the Authority’s Engineer for payment after adjusting amounts, if any, due
to Authority (or release of Bank Guarantee) to the contractor. The contractor may
substitute the remaining retention money with an on demand bank guarantee in a
form and from a source acceptable to the Authority. Upon expiration of the defect
liability period for the works or final payment by the authority pursuant to the clauses
17 and 19.15, whichever is earlier, the other half of the Retention Money (or Bank
Guarantee which replaced Retention Money) shall be certified by the Authority’s
Engineer for payment or release of bank Guarantee to the Contractor.

7.5.5 The Parties agree that in the event of Termination of this Agreement, the Retention
Money and the bank guarantees specified in this Clause 7.5 shall be treated as if they
are Performance Security and shall be reckoned as such for the purposes of
Termination Payment under Clause 23.6.
 35

ARTICLE 8
RIGHT OF WAY

8.1 The Site

The site of the Project Highway (the “Site”) shall comprise the site described in
Schedule-A in respect of which the Right of Way shall be provided by the Authority
to the Contractor. The Authority shall be responsible for:

(a) acquiring and providing Right of Way on the Site in accordance with the
alignment finalised by the Authority, free from all encroachments and
encumbrances, and free access thereto for the execution of this Agreement; and

(b) obtaining licences and permits for environment clearance for the Project
Highway.

8.2 Procurement of the Site

8.2.1 The Authority Representative and the Contractor shall, within 15 (fifteen) days of the
date of this Agreement, inspect the Site and prepare a memorandum containing an
inventory of the Site including the vacant and unencumbered land, buildings,
structures, road works, trees and any other immovable property on or attached to the
Site. Subject to the provisions of Clause 8.2.3, such memorandum shall have
appended thereto an appendix (the “Appendix”) specifying in reasonable detail those
parts of the Site to which vacant access and Right of Way has not been given to the
Contractor. Signing of the memorandum, in two counterparts (each of which shall
constitute an original), by the authorised representatives of the Parties shall be
deemed to constitute a valid evidence of giving the Right of Way to the Contractor for
discharging its obligations under and in accordance with the provisions of this
Agreement and for no other purpose whatsoever.

Whenever the Authority is ready to hand over any part or parts of the Site included in
the Appendix, it shall inform the Contractor, by notice, the proposed date and time
such of handing over. The Authority Representative and the Contractor shall, on the
date so notified, inspect the specified parts of the Site, and prepare a memorandum
containing an inventory of the vacant and unencumbered land, buildings, structures,
road works, trees and any other immovable property on or attached to the Site so
handed over. Signing of the memorandum, in two counterparts (each of which shall
constitute an original), by the authorized representatives of the Parties shall be
deemed to constitute a valid evidence of giving the relevant Right of Way to the
Contractor.

8.2.2 The Authority shall provide the Right of Way to the Contractor in respect of all land
included in the Appendix by the date specified in Schedule-A for those parts of the
 36

Site referred to therein, and no later than 120 (One hundred and twenty) days of the
Appointed Date for those parts of the Site which have not been specified in Schedule-
A, and in the event of delay for any reason other than Force Majeure or breach of this.
Agreement by the Contractor, it shall pay to the Contractor, Damages in a sum
calculated in accordance with Clause 8.3.

8.2.3 Notwithstanding anything to the contrary contained in this Clause 8.2, the Authority
shall specify the parts of the Site, if any, for which Right of Way shall be provided to
the Contractor on the dates specified in Schedule-A. Such parts shall also be included
in the Appendix prepared in pursuance of Clause 8.2.1. For the avoidance of doubt,
the Parties expressly agree that the Damages specified hereunder and the Time
Extension specified in Clause 10.5 shall be restricted only to failure of the Authority
to provide the Right of Way for and in respect of the width of the roadway and its
embankment.

8.3 Damages for delay in handing over the Site

8.3.1 In the event the Right of Way to any part of the Site is not provided by the Authority
on or before the date(s) specified in Clause 8.2 for any reason other than Force
Majeure or breach of this Agreement by the Contractor, the Authority shall pay
Damages to the Contractor in a sum calculated in accordance with the following
formula for and in respect of those parts of the Site to which the Right of Way has not
been provided:

Amount of Damages in Rs. per day per meter = 0.05 x C x 1/L x 1/N

Where

C = the Contract Price; L = length of the Project Highway in metre; and

N = Completion period in days (Appointed Date to Scheduled Completion Date)

In the event that any Damages are due and payable to the Contractor under the
provisions of this Clause 8.3.1 for delay in providing the Right of Way, the Contractor
shall, subject to the provisions of Clause 10.5, be entitled to Time Extension equal to
the period for which the Damages have become due and payable under this Clause
8.3.1, save and except that:

(a) if any delays involve time overlaps, the overlaps shall not be additive; and

(b) such Time Extension shall be restricted only to the Works which are affected
by the delay in providing the Right of Way.
 37

For the avoidance of doubt, the Parties expressly agree that the Damages specified
hereunder and the Time Extension specified in Clause 10.5 shall be restricted only to
failure of the Authority to provide the Right of Way required for construction work.

8.3.2 Notwithstanding anything to the contrary contained in this Agreement, the Contractor
expressly agrees that Works on all parts of the Site for which Right of Way is granted
within 90 (ninety) days of the Appointed Date, or with respect to the parts of the Site
provided in Schedule-A, no later than the date(s) specified therein, as the case may be,
shall be completed before the Scheduled Completion Date and shall not qualify for
any Time Extension under the provisions of Clause 8.3.1.

8.3.3 Notwithstanding anything to the contrary contained in this Agreement, the Authority
may at any time withdraw any Works forming part of this Agreement, subject to such
Works not exceeding an aggregate value, such value to be determined in accordance
with Schedule-H, equal to 10(ten) percent of the Contract Price.

Provided that if any Works cannot be undertaken within the municipal limits of a
town or within any area falling in a reserved forest or wildlife sanctuary, as the case
may be, because the requisite clearances or approvals for commencing construction
of Works therein have not been given within 240 (two hundred and forty) days of the
Appointed date, the affected Works shall be deemed to be withdrawn under the
provisions of this Clause 8.3.3 unless the Parties agree to the contrary, and such
Works shall not be computed for the purposes of the aforesaid ceiling of 10% (ten per
cent) hereunder.

8.3.4 In the event of withdrawal of Works under Clause 8.3.3, the Contract Price shall be
reduced by an amount equal to 90 (ninety) per cent of the value of the Works
withdrawn and the Contractor shall not be entitled to any other compensation or
Damages for the withdrawal of Works.

Provided that if any Works are withdrawn after commencement of the Construction of
such works, the Authority shall pay to the Contractor 110% (one hundred and ten per
cent) of the fair value of the work done, as assessed by the Authority’s Engineer:

8.4 Site to be free from Encumbrances

Subject to the provisions of Clause 8.2, the Site shall be made available by the
Authority to the Contractor pursuant hereto free from all Encumbrances and
occupations and without the Contractor being required to make any payment to the
Authority on account of any costs, compensation, expenses and charges for the
acquisition and use of such Site for the duration of the Project Completion Schedule.
For the avoidance of doubt, it is agreed that the existing rights of way, easements,
privileges, liberties and appurtenances to the Site shall not be deemed to be
Encumbrances. It is further agreed that, unless otherwise specified in this Agreement,
 38

the Contractor accepts and undertakes to bear any and all risks arising out of the
inadequacy or physical condition of the Site.

8.5 Protection of Site from encroachments

On and after signing the memorandum and/or subsequent memorandum referred to in

Clause 8.2.1, and until the issue of the Completion Certificate, the Contractor shall
maintain a round-the-clock vigil over the Site and shall ensure and procure that no
encroachment thereon takes place. During the Construction Period, the Contractor
shall protect the Site from any and all occupations, encroachments or Encumbrances,
and shall not place or create nor permit any Sub-contractor or other person claiming
through or under the Agreement to place or create any Encumbrance or security threat
over all or any part of the Site or the Project Assets, or on any rights of the Contractor
therein or under this Agreement, save and except as otherwise expressly set forth in
this Agreement. In the event of any encroachment or occupation on any part of the
Site, the Contractor shall report such encroachment or occupation forthwith to the
Authority and undertake its removal at its own cost and expenses.

8.6 Special/temporary Right of Way

The Contractor shall bear all costs and charges for any special or temporary right of
way required by it in connection with access to the Site. The Contractor shall obtain at
its cost such facilities on or outside the Site as may be required by it for the purposes
of the Project Highway and the performance of its obligations under this Agreement.

8.7 Access to the Authority and the Authority’s Engineer

8.7.1 The Right of Way given to the Contractor hereunder shall always be subject to the
right of access of the Authority and the Authority’s Engineer and their employees and
agents for inspection, viewing and exercise of their rights and performance of their
obligations under this Agreement.

8.7.2 The Contractor shall ensure, subject to all relevant safety procedures, that the
Authority has un-restricted access to the Site during any emergency situation, as
decided by the Authority’s Engineer.

8.8 Geological and archaeological finds

It is expressly agreed that mining, geological or archaeological rights do not form part
of this Agreement with the Contractor for the Works, and the Contractor hereby
acknowledges that it shall not have any mining rights or interest in the underlying
minerals, fossils, antiquities, structures or other remnants or things either of particular
geological or archaeological interest and that such rights, interest and property on or
under the Site shall vest in and belong to the Authority or the concerned Government
 39

Instrumentality. The Contractor shall take all reasonable precautions to prevent its
workmen or any other person from removing or damaging such interest or property
and shall inform the Authority forthwith of the discovery thereof and comply with
such instructions as the concerned Government Instrumentality may reasonably give
for the removal of such property. For the avoidance of doubt, it is agreed that any
reasonable expenses incurred by the Contractor hereunder shall be reimbursed by the
Authority. It is also agreed that the Authority shall procure that the instructions
hereunder are issued by the concerned Government Instrumentality within a
reasonable period so as to enable the contractor to continue its works with such
modification as deemed necessary. In the event that the above cause disruption to the
work or access to site for more than 15 days and certified by the Authority’s Engineer,
the contractor shall subject to the provisions of clause 10.5 be entitled to time
extension equal to the period for which the disruption to the works have occurred and
certified by the Authority’s Engineer.

8.9 The Contractor shall comply with (i) the measures and requirements set forth in the
resettlement plan and indigenous people plan attached here to as Schedule U
(including to the reference of relevant schedule as set forth, in respect to resettlement
plan) to the extent it concerns impacts on the affected people during construction; and
(ii) any corrective or preventive actions set out in safeguards monitoring reports that
the Authority will prepare from time to time to monitor implementation of the
resettlement plan. The Contractor shall allocate a budget for compliance with these
measures, requirements and actions.
 40

ARTICLE 9
UTILITIES AND TREES

9.1 Existing utilities and roads

Notwithstanding anything to the contrary contained herein, the Contractor shall

ensure that the respective entities owning the existing roads, right of way, level
crossings, structures, or utilities on, under or above the Site are enabled by it to keep
them in continuous satisfactory use, if necessary, by providing suitable temporary
diversions with the authority of the controlling body of that road, right of way or
utility.

9.2 Shifting of obstructing utilities

The Contractor shall, in accordance with Applicable Laws and with assistance of the
Authority, shift any utility (including electric lines, water pipes, telephone cables etc.)
to an appropriate location or alignment, if such utility or obstruction adversely affects
the execution of Works or Maintenance of the Project Highway in accordance with
this Agreement. The Contractor shall engage registered contractors of concerned
utility Agency for such shifting. For shifting of electrical utilities, contractors
registered with TNEB and have C or A grade License from Chief Electrical Inspector
to Government shall be employed. For TWAD works, registered contractors of
TWAD with Grade I qualification shall be employed. The actual cost of such shifting,
based on executed BOQ basis on rates estimated and corrected by the utility agency,
less supervision charges of Agency plus 10% towards Contractor’s overhead shall be
paid by the Authority to the Contractor separately in addition to the Contract Price.
However, the Authority will assist in obtaining required permissions for such shifting
from the concerned utility Agency including submission of application on TNRIDC
name. The works shall be carried out in close coordination with utility agency and all
precaution / conditions stipulated by the agency shall be diligently followed.

9.3 New utilities

9.3.1 The Contractor shall allow, subject to such conditions as the Authority may specify,
access to, and use of the Site for laying telephone lines, water pipes, electric cables or
other public utilities. Where such access or use causes any financial loss to the
Contractor, it may require the user of the Site to pay compensation or damages as per
Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under
this Clause 9.3 shall not in any manner relieve the Contractor of its obligation to
construct and maintain the Project Highway in accordance with this Agreement and
any damage caused by such use shall be restored forthwith at the cost of the
Authority.
 41

9.3.2 The Authority may, by notice, require the Contractor to connect any adjoining road to
the Project Highway, and the connecting portion thereof falling within the Site shall
be constructed by the Contractor at the Authority’s cost in accordance with Article 10.

9.3.3 The Authority may by notice require the Contractor to connect, through a paved road,
any adjoining service station, hotel, motel or any other public facility or amenity to
the Project Highway, whereupon the connecting portion thereof that falls within the
Site shall be constructed by the Contractor on payment of the cost. The cost to be paid
by the Authority to the Contractor shall be determined by the Authority’s Engineer.
For the avoidance of doubt, in the event such road is to be constructed for the benefit
of any entity, the Authority may require such entity to make an advance deposit with
the Contractor or the Authority, as the case may be, of an amount equal to the
estimated cost as determined by the Authority’s Engineer and such advance shall be
adjusted against the cost of construction as determined by the Authority’s Engineer
hereunder.

9.3.4 In the event the construction of any Works is affected by a new utility or works
undertaken in accordance with this Clause 9.3, the Contractor shall be entitled to a
reasonable Time Extension as determined by the Authority’s Engineer.

9.4 Felling of trees

The Authority shall assist the Contractor in obtaining the Applicable Permits for
felling and disposal of trees to be identified by the Contractor for this purpose if and
only if such trees cause a Material Adverse Effect on the construction or maintenance
of the Project Highway. The cost of such felling and disposal shall be included in the
contract price. The Parties hereto agree that the felled trees shall be deemed to be
owned by the contractor after depositing the required amount to the concerned
department at the rates estimated by the Forest Department, Government of Tamil
Nadu and shall be disposed in such manner and subject to such conditions of the
concerned department. However, the Authority will assist in obtaining applicable
permits for felling of trees.
 42

ARTICLE 10
DESIGN AND CONSTRUCTION OF THE PROJECT HIGHWAY

10.1 Obligations prior to commencement of Works

10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall:

(a) appoint its representative, duly authorised to deal with the Authority in respect
of all matters under or arising out of or relating to this Agreement;

(b) appoint a design director (the “Design Director”) who will head the
Contractor’s design unit and shall be responsible for surveys, investigations,
collection of data, and preparation of preliminary and detailed designs;

(c) undertake and perform all such acts, deeds and things as may be necessary or
required before commencement of Works under and in accordance with this
Agreement, the Applicable Laws and Applicable Permits; and

(d) make its own arrangements for quarrying of materials needed for the Project
Highway under and in accordance with the Applicable Laws and Applicable
Permits.

(e) the contractor adequately assesses and record the condition of road, agricultural
land and other infrastructure prior to the start of transporting materials, goods
and equipment for the construction.

(f) Prepare a checklist setting out the procedures which shall be adopted within the
construction zone

(g) prepare updated Environmental Management Plan (EMP) including the action
plan and checklist.

(h) prepare construction zone and camp site safety checklist.

10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an
engineer (the “Authority’s Engineer”) to discharge the functions and duties specified
in this Agreement, and shall notify to the Contractor the name, address and the date of
appointment of the Authority’s Engineer forthwith.

10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the
Authority and the Authority’s Engineer a programme (the “Programme”) for the
Works, developed using networking techniques giving the following details:

Part I Contractor’s organisation for the Project, the general methods and
arrangements for design and construction, Environmental Management Plan, Quality
 43

Assurance Plan including design quality plan, traffic management and safety plan
covering safety of users and workers during construction, Contractor’s key personnel
and equipment.

Part II Programme for completion of all stages of construction and Project Milestones
of the Works as specified in Project Completion Schedule set forth in Schedule-J. The
Programme shall include:

(a) the order in which the Contractor intends to carry out the Works, including the
anticipated timing of design and stages of Works;

(b) the periods for reviews under Clause 10.2;

(c) the sequence and timing of inspections and tests specified in this Agreement.

The Contractor shall submit a revised programme whenever the previous programme
is inconsistent with the actual progress or with the Contractor’s obligations.

Part III Monthly cash flow forecast.

10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance
with Clause 10.2.4, and provide to the Authority’s Engineer, the length, area and
numbers, as the case may be, in respect of the various items of work specified in
Schedule-H and comprising the Scope of the Project. The Parties expressly agree that
these details shall form the basis for estimating the interim payments for the Works in
accordance with the provisions of Clause 19.3. For the avoidance of doubt, the sum of
payments to be computed in respect of all the items of work shall not exceed the
Contract Price, as may be adjusted in accordance with the provisions of this
Agreement.

10.1.5 Within 20 (twenty) days of the appointment date, the Contractor shall appoint a safety
consultant (the “Safety Consultant”) to carry out safety audit at the design stage of
the Project Highway in accordance with the Applicable Laws and Good Industry
Practice. The Safety Consultant shall be appointed after proposing to the Authority a
panel of three names of qualified and experienced firms from whom the Authority
may choose one to be the Safety Consultant. Provided, however, that if the panel is
not acceptable to the Authority and the reasons for the same are furnished to the
Contractor, the Contactor shall propose to the Authority a revised panel of three
names from the firms empaneled as safety consultants by the [Ministry of Road
Transport and Highways] for obtaining the consent of the Authority. The Contractor
shall also obtain the consent of the Authority for the key personnel of the Safety
Consultant who shall have adequate experience and qualifications in safety audit of
the highway projects. The Authority shall, within 15 (fifteen) days of receiving a
proposal from the Contractor hereunder, convey its decision, with reasons, to the
 44

Contractor, and if no such decision is conveyed within the said period, the Contractor
may proceed with engaging of the Safety Consultant.

10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety
Consultant in respect of all such design details that have a bearing on safety of Users
as well as pedestrians and animals involved in or associated with accidents. The
recommendations of the Safety Consultant shall be incorporated in the design of the
Project Highway and the Contractor shall forward to the Authority’s Engineer a
certificate to this effect together with the recommendations of the Safety Consultant.
In the event that any works required by the Safety Consultant shall fall beyond the
scope of Schedule-B, Schedule-C or Schedule-D, the Contractor shall make a report
thereon and seek the instructions of the Authority for Change in Scope. For the
avoidance of doubt, the Safety Consultant to be engaged by the Contractor shall be
independent of the design and implementation team of the Contractor. All costs and
expenses arising out of or relating to Safety Requirements shall be borne by the
Contractor to the extent such costs and expenses form part of the works and services
included in the Scope of the Project, and works and services, if any, not forming part
of the Scope of the Project shall be undertaken and funded in accordance with the
provisions of Article 13.

10.2 Design and Drawings

10.2.1 Design and Drawings shall be developed in conformity with the Specifications and
Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation
in design standards due to restricted Right of Way in any section, the alternative
design criteria for such section shall be provided for review of the Authority’s
Engineer.

10.2.2 Within 20 (twenty) days of the appointment date, the Contractor shall appoint a proof
check consultant (the “Proof Consultant”) after proposing to the Authority a panel of
three names of qualified and experienced firms from whom the Authority may choose
one to be the Proof Consultant. Provided, however, that if the panel is not acceptable
to the Authority and the reasons for the same are furnished to the Contractor, the
Contactor shall propose to the Authority a revised panel of three names from the firms
empaneled as proof consultants by the Ministry of Road Transport and Highways for
obtaining the consent of the Authority. The Contractor shall also obtain the consent of
the Authority for two key personnel of the Proof Consultant who shall have adequate
experience and qualifications in highways and bridges respectively. The Authority
shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder,
convey its decision, with reasons, to the Contractor, and if no such decision is
conveyed within the said period, the Contractor may proceed with engaging of the
Proof Consultant.
 45

The Proof Consultant should have minimum 15 years’ experience in major highway
projects and proven track record of worked as a proof consultant. Key personnel of
the Proof Consultant should have minimum 15 years of experience in highway sector
and 5 years in external aided projects/ NHAI projects.

10.2.3 The Proof Consultant shall:

(a) evolve a systems approach with the Design Director so as to minimise the time
required for final designs and construction drawings; and

(b) proof check the detailed calculations, drawings and designs, which have been
approved by the Design Director.

10.2.4 In respect of the Contractor’s obligations with respect to the design and Drawings of
the Project Highway as set forth in Schedule-I, the following shall apply:

(a) The Contractor shall prepare and submit, with reasonable promptness and in
such sequence as is consistent with the Project Completion Schedule, three
copies each of the design and Drawings, duly certified by the Proof Consultant,
to the Authority’s Engineer for review. Provided, however, that in respect of
Major Bridges and Structures, the Authority’s Engineer may require additional
drawings for its review in accordance with Good Industry Practice.

(b) by submitting the Drawings for review to the Authority’s Engineer, the
Contractorshall be deemed to have represented that it has determined and
verified that the design and engineering, including field construction criteria
related thereto, are in conformity with the Scope of the Project, the
Specifications and Standards and the Applicable Laws;

(c) within 15 (fifteen) days of the receipt of the Drawings, the Authority’s Engineer
shall review the same and convey its observations to the Contractor with
particular reference to their conformity or otherwise with the Scope of the
Project and the Specifications and Standards. The Contractor shall not be
obliged to await the observations of the Authority’s Engineer on the Drawings
submitted pursuant hereto beyond the said period of 15 (fifteen) days and may
begin or continue Works at its own discretion and risk; Provided, however that
in case of a Major Bridge or Structure, the aforesaid period of 15 (fifteen) days
may be extended upto 30 (thirty) days by the Authority Engineer in writing to
the contractor within 15 (fifteen) days of the receipt of the drawings;

(d) if the aforesaid observations of the Authority’s Engineer indicate that the
Drawings are not in conformity with the Scope of the Project or the
Specifications and Standards, such Drawings shall be revised by the Contractor
in conformity with the provisions of this Agreement and resubmitted to the
 46

Authority’s Engineer for review. The Authority’s Engineer shall give its
observations, if any, within 10 (ten) days of receipt of the revised Drawings. The
contractor shall not be obliged to await the observation of the Authority
Engineer and drawings submitted pursuant hereto beyond the said period of 10
(ten) days and may begin or continue works at its own discretion and risk. In the
event the Contractor fails to revise and resubmit such Drawings to the
Authority’s Engineer for review as aforesaid, the Authority’s Engineer may
withhold the payment for the affected works in accordance with the provisions
of Clause 19.5.4. If the Contractor disputes any decision, direction or
determination of the Authority’s Engineer hereunder, the Dispute shall be
resolved in accordance with the Dispute Resolution Procedure;

(e) no review and/or observation of the Authority’s Engineer and/or its failure to
review and/or convey its observations on any Drawings shall relieve the
Contractor of its obligations and liabilities under this Agreement in any manner
nor shall the Authority’s Engineer or the Authority be liable for the same in any
manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies or
other Defects are found in the Drawings, they and the construction works shall
be corrected at the Contractor's cost, notwithstanding any review under this
Article 10;

(f) the Contractor shall be responsible for delays in submitting the Drawing as set
forth in Schedule-I caused by reason of delays in surveys and field
investigations, and shall not be entitled to seek any relief in that regard from the
Authority; and

(g) the Contractor warrants that its designers, including any third parties engaged by
it, shall have the required experience and capability in accordance with Good
Industry Practice and it shall indemnify the Authority against any damage,
expense, liability, loss or claim, which the Authority might incur, sustain or be
subject to arising from any breach of the Contractor’s design responsibility
and/or warranty set out in this Clause.

10.2.5 Delays caused by the Contractor in construction which adversely affects the review
period of the Authority’s Engineer shall be borne by the Contractor.

10.2.6 Works shall be executed in accordance with the Drawings provided by the Contractor
in accordance with the provisions of this Clause 10.2 and the observations of the
Authority’s Engineer thereon as communicated pursuant to the provisions of Clause
10.2.4 (d). Such Drawings shall not be amended or altered without prior written notice
to the Authority’s Engineer. If a Party becomes aware of an error or defect of a
technical nature in the design or Drawings, that Party shall promptly give notice to the
other Party of such error or defect.
 47

10.2.7 Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish
to the Authority and the Authority’s Engineer a complete set of as-built Drawings at
scales1:2500 horizontal and 1:200 vertical,in2(two) hard copies in A2 size sheet on
polyester film of quality to be approved by the Authority’s Engineer and soft copy in
electronic format(CD/DVD-ROM) 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 setback lines, if any, of the buildings and structures forming part of Project
Facilities. As-built drawings shall indicate position of the kilometer stones to be fixed
as per new National Highway number.

10.3 Construction of the Project Highway

10.3.1 The Contractor shall construct the Project Highway as specified in Schedule-B and
Schedule-C, and in conformity with the Specifications and Standards set forth in
Schedule-D. The Contractor shall be responsible for the correct positioning of all
parts of the Works, and shall rectify any error in the positions, levels, dimensions or
alignment of the Works. The 1095th (One Thousand and Ninety Fifth ) day from
the Appointed Date shall be the scheduled completion date (the “Scheduled
Completion Date”) and the Contractor agrees and undertakes that the construction
shall be completed on or before the Scheduled Completion Date, including any
extension thereof.

10.3.2 The Contractor shall construct the Project Highway in accordance with the Project
Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to
achieve any Project Milestone or the Scheduled Completion Date within a period of
30 (thirty) days from the date set forth in Schedule-J, unless such failure has occurred
due to Force Majeure or for reasons solely attributable to the Authority, it shall pay
Damages to the Authority of a sum calculated at the rate of 0.05% (zero point zero
five percent) of the Contract Price for delay of each day reckoned from the date
specified in Schedule –J and until such Project Milestone is achieved or the Works are
completed; provided that if the period for any or all Project Milestones or the
Scheduled Completion Date is extended in accordance with the provisions of this
Agreement, the dates set forth in Schedule-J shall be deemed to be modified
accordingly and the provisions of this Agreement shall apply as if Schedule-J has
been amended as above; provided further that in the event the Works are completed
within or before the Scheduled Completion Date including any Time Extension,
applicable for that work or section, the Damages paid under this Clause 10.3.2 shall
be refunded by the Authority to the Contractor, but without any interest thereon. For
the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2
shall be without prejudice to the rights of the Authority under this Agreement
including the right of Termination thereof. The Parties further agree that Time
 48

Extension hereunder shall only be reckoned for and in respect of the affected works as
specified in Clause 10.5.2.

10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in
pursuance with the provisions of this Clause 10.3. Provided that no deduction on
account of Damages shall be effected by the Authority without notifying the
Contractor of its decision to impose the Damages, and taking into consideration the
justification, if any, made by the Contractor within 20 (twenty) days of such notice.
The Parties expressly agree that the total amount of Damages under Clause 10.3.2
shall not exceed 10% (ten percent) of the Contract Price.

10.4 Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at its cost, the existing
lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at
no time materially inferior as compared to their condition 10 (ten) days prior to the
date of this Agreement, and shall undertake the necessary repair and maintenance
works for this purpose; provided that the Contractor may, at its cost, interrupt and
divert the flow of traffic if such interruption and diversion is necessary for the
efficient progress of Works and conforms to Good Industry Practice; provided further
that such interruption and diversion shall be undertaken by the Contractor only with
the prior written approval of the Authority’s Engineer which approval shall not be
unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor
shall at all times be responsible for ensuring safe operation of the Project Highway. It
is further agreed that in the event the Project includes construction of a bypass or
tunnel and realignment of the existing carriageway, the Contractor shall maintain the
existing highway in such sections until the new Works are open to traffic.

10.5 Extension of time for completion

10.5.1 Without prejudice to any other provision of this Agreement for and in respect of
extension of time, the Contractor shall be entitled to extension of time in the Project
Completion Schedule (the “Time Extension”) to the extent that completion of any
Project Milestone is or will be delayed by any of the following, namely:

(a) delay in providing the Right of Way, environmental clearances or approval of

railway authorities, specified in Clause 4.1.4;

(b) Change of Scope (unless an adjustment to the Scheduled Completion Date has
been agreed under Article 13);

(c) occurrence of a Force Majeure Event;

 49

(d) any delay, impediment or prevention caused by or attributable to the Authority,

the Authority's personnel including Authority Engineer and staff or the
Authority's other contractors on the Site; and

(e) any other cause or delay which entitles the Contractor to Time Extension in
accordance with the provisions of this Agreement.

10.5.2 The Contractor shall, no later than 15(fifteen) business days from the occurrence of an
event or circumstance specified in Clause 10.5.1, inform the Authority’s Engineer by
notice in writing, with a copy to the Authority, stating in reasonable detail with
supporting particulars, the event or circumstances giving rise to the claim for Time
Extension in accordance with the provisions of this Agreement. Provided that the
period of 15 (fifteen) business days shall be calculated from the date on which the
Contractor became aware, or should have become aware, of the occurrence of such an
event or circumstance.

Provided further that notwithstanding anything to the contrary contained in this

Agreement, Time Extension shall be due and applicable only for the Works which are
affected by the aforesaid events or circumstances and shall not in any manner affect
the Project Completion Schedule for and in respect of the Works which are not
affected hereunder.

10.5.3 In the event of the failure of the Contractor to issue to the Authority’s Engineer a
notice in accordance with the provisions of Clause 10.5.2 within the time specified
therein, the Contractor shall not be entitled to any Time Extension and shall forfeit its
right for any such claims in future. For the avoidance of doubt, in the event of failure
of the Contractor to issue notice as specified in this clause 10.5.3, the Authority shall
be discharged from all liability in connection with the claim.

10.5.4 The Authority’s Engineer shall, on receipt of the claim in accordance with the
provisions of Clause 10.5.2, examine the claim expeditiously within the time frame
specified herein. In the event the Authority’s Engineer requires any clarifications to
examine the claim, the Authority’s Engineer shall seek the same within 15 (fifteen)
days from the date of receiving the claim. The Contractor shall, on receipt of the
communication of the Authority’s Engineer requesting for clarification, furnish the
same to the Authority’s Engineer within 10 (ten) days thereof. The Authority’s
Engineer shall, within a period of 60 (sixty) days from the date of receipt of such
clarifications, forward in writing to the Contractor its determination of Time
Extension.

Provided that when determining each extension of time under this Clause 10.5, the
Authority’s Engineer shall review previous determinations and may increase, but shall
not decrease, the total Time Extension.
 50

10.5.5 If the event or circumstance giving rise to the notice has a continuing effect:

(a) a fully detailed claim shall be considered as interim;

(b) the Contractor shall, no later than 10 (ten) days after the close of each month,
send further interim claims specifying the accumulated delay, the extension of
time claimed, and such further particulars as the Authority’s Engineer may
reasonably require; and

(c) the Contractor shall send a final claim within 30 (thirty) days after the effect of
the event or the circumstance ceases.

Upon receipt of the claim hereunder, the Authority’s Engineer shall examine the same
in accordance with the provisions of Clause 10.5.4 within a period of 60 (sixty) days
of the receipt thereof.

10.6 Incomplete Works

In the event the Contractor fails to complete the Works in accordance with the Project
Completion Schedule, including any Time Extension granted under this Agreement,
the Contractor shall endeavour to complete the balance work expeditiously and shall
pay Damages to the Authority in accordance with the provisions of Clause 10.3.2 for
delay of each day until the Works are completed in accordance with the provisions of
this Agreement. Recovery of Damages under this Clause shall be without prejudice to
the rights of the Authority under this Agreement including the right to termination
under Clause 23.1.

10.7 Maintenance Manual

No later than 60 (sixty) days prior to the Project Completion Date, the Contractor
shall, in consultation with the Authority’s Engineer, evolve a maintenance manual
(the “Maintenance Manual”) for the regular and preventive maintenance of the
Project Highway in conformity with the Specifications and Standards, safety
requirements and Good Industry Practice, and shall provide 5 (five) copies along with
soft copy thereof to the Authority’s Engineer. The Authority’s Engineer shall review
the Maintenance Manual within 15 (fifteen) days of its receipt and communicate its
comments to the Contractor for necessary modifications, if any.
 51

ARTICLE 11
QUALITY ASSURANCE, MONITORING AND SUPERVISION

11.1 Quality of Materials and workmanship

11.1.1 The Contractor shall ensure that the Construction, Materials and workmanship are in
accordance with the requirements specified in this Agreement, Specifications and
Standards and Good Industry Practice.

11.1.2 The contractor warrants that all Materials shall be new, unused, not reconditioned and
in conformity with specifications and standards, Applicable laws and Good Industry
Practice, and that the Contractor shall not use any materials which are generally
recognised as being deleterious under Good Industry Practice.

11.2 Quality control system

11.2.1 The Contractor shall establish a quality control mechanism to ensure compliance with
the provisions of this Agreement (the “Quality Assurance Plan” or “QAP”).

11.2.2 The Contractor shall, within 30 (thirty) days of the Appointed Date, submit to the
Authority’s Engineer its Quality Assurance Plan which shall include the following:

(a) organisation, duties and responsibilities, procedures, inspections and

documentation;

(b) quality control mechanism including sampling and testing of Materials, test
frequencies, standards, acceptance criteria, testing facilities, reporting, recording
and interpretation of test results, approvals, check list for site activities, and
proforma for testing and calibration in accordance with the Specifications for
Road and Bridge Works issued by MORTH, relevant IRC specifications and
Good Industry Practice; and

(c) internal quality audit system. The Contractor shall inform the Engineer
immediately of any allegation, incident or accident, which has or is likely to
have a significant adverse effect on the environment, the affected communities,
the public, Employer’s Personnel or Contractor’s Personnel. This includes, but
is not limited to, any incident or accident causing fatality or serious injury;
significant adverse effects or damage to private property; or any allegation of
SEA and/or SH. In case of SEA and/or SH, while maintaining confidentiality as
appropriate, the type of allegation (sexual exploitation, sexual abuse or sexual
harassment), gender and age of the person who experienced the alleged incident
should be included in the information.
 52

The Contractor, upon becoming aware of the allegation, incident or accident, shall
also immediately inform the Engineer of any such incident or accident on the
Subcontractors’ or suppliers’ premises relating to the Works which has or is likely to
have a significant adverse effect on the environment, the affected communities, the
public, Employer’s Personnel or Contractor’s, its Subcontractors’ and suppliers’
personnel. The notification shall provide sufficient detail regarding such incidents or
accidents. The Contractor shall provide full details of such incidents or accidents to
the Engineer within the timeframe agreed with the Engineer.

The Contractor shall require its Subcontractors and suppliers (other than
Subcontractors) to immediately notify the Contractor of any incidents or accidents.

The Authority’s Engineer shall convey its comments to the Contractor within a period
of 21 (twenty-one) days of receipt of the QAP stating the modifications, if any,
required, and the Contractor shall incorporate those in the QAP to the extent required
for conforming with the provisions of this Clause 11.2.

At least 2 weeks prior to the commencement of Work, The Contractor shall draw up a
Quality Assurance Manual (QAM) covering the Quality Systems (QS) and Quality
Assurance Plan (QAP) and documentation for all aspects of the road and bridge works
and send 3 (three) copies to Authority’s Engineer for review. The class of Quality
Assurance shall not be less than Q-3 (Refer IRC SP 112-2017)

11.2.3 The Contractor shall procure all documents, apparatus and instruments, fuel,
consumables, water, electricity, labour, Materials, samples, and qualified personnel as
are necessary for examining and testing the Project Assets and workmanship in
accordance with the Quality Assurance Plan.

11.2.4 The cost of testing of Construction, Materials and workmanship under this Article 11
shall be borne by the Contractor.

11.3. Methodology

The Contractor shall, at least 15 (fifteen) days prior to the commencement of the
construction, submit to the Authority’s Engineer for review the methodology
proposed to be adopted for executing the Works, giving details of equipment to be
deployed, traffic management and measures for ensuring safety. The Authority’s
Engineer shall complete the review 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.
 53

11.4. Inspection and technical audit by the Authority

The Authority or any representative authorised by the Authority in this behalf may
inspect and review the progress and quality of the construction of Project Highway
and issue appropriate directions to the Authority’s Engineer and the Contractor for
taking remedial action in the event the Works are not in accordance with the
provisions of this Agreement.

11.5 External technical audit

At any time during construction, the Authority may appoint an external technical
auditor to conduct an audit of the quality of the Works. The findings of the audit, to
the extent accepted by the Authority, shall be notified to the Contractor and the
Authority’s Engineer for taking remedial action in accordance with this Agreement.
The Contractor shall provide all assistance as may be required by the auditor in the
conduct of its audit hereunder. Notwithstanding anything contained in this Clause
11.5, the external technical audit shall not affect any obligations of the Contractor or
the Authority’s Engineer under this Agreement.

11.6 Inspection of construction records

The Bank shall have the right to inspect the records of the Contractor relating to the
Works.

11.6.1 Inspections and Audit by the Bank

The Bank and/or persons appointed by the Bank shall have the right to inspect the
Site and all accounts and records of the Contractor, its sub-contractors and sub-
consultants relating to the performance of the Contract and the submission of the
Tender, and to have such accounts and records audited by auditors appointed by the
Bank if requested by the Bank. The Contractor’s and its Subcontractors’ and sub-
consultants’ attention is drawn to Clause 3.9 [Corrupt or Fraudulent Practices] which
provides, inter alia, that acts intended to materially impede the exercise of the Bank’s/
Employer’s inspection and audit rights provided under this Clause 11.6.1 constitute a
prohibited practice subject to contract termination (as well as to a determination of
ineligibility pursuant to the Bank’s prevailing sanctions procedures).

11.7 Monthly progress reports

During the Construction Period, the Contractor shall, no later than 10 (ten) days after
the close of each month, furnish to the Authority through representatives and the
Authority’s Engineer a monthly report on progress of the Works and shall promptly
give such other relevant information as may be required by the Authority’s Engineer.
 54

The monthly progress reports shall include safety statistics, including details of any
hazardous incidents and activities relating to environmental, resettlement, and other
obligations under Clauses 3.10 to 3.12 and Clause 8.9.

11.8 Inspection

11.8.1 The Authority’s Engineer and its authorised representative shall at all reasonable
times:

(a) have full access to all parts of the Site and to all places from which natural
Materials are being obtained for use in the Works; and

(b) during production, manufacture and construction at the Site and at the place of
production, be entitled to examine, inspect, measure and test the Materials and
workmanship, and to check the progress of manufacture of Materials.

11.8.2 The Contractor shall give the Authority’s Engineer and its authorised agents access,
facilities and safety equipment for carrying out their obligations under this
Agreement.

11.8.3 The Authority’s Engineer shall submit a monthly inspection report (the “Inspection
Report”) to the Authority and the Contractor bringing out the results of inspections
and the remedial action taken by the Contractor in respect of Defects or deficiencies.
For the avoidance of doubt, such inspection or submission of Inspection Report by the
Authority’s Engineer shall not relieve or absolve the Contractor of its obligations and
liabilities under this Agreement in any manner whatsoever.

11.9 Samples

The Contractor shall submit the following samples of Materials and relevant
information to the Authority’s Engineer for pre-construction review:

(a) manufacturer's test reports and standard samples of manufactured Materials; and

(b) samples of such other Materials as the Authority’s Engineer may require.

11.10 Tests

11.10.1For determining that the Works conform to the 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 this
Agreement, and in accordance with Good Industry Practice for quality assurance. The
test checks by the Authority’s Engineer shall comprise at least 100 percent of the
quantity or number of tests prescribed for each category or type of test for quality
control by the Contractor.
 55

11.10.2 In the event that results of any tests conducted under this Clause 11.10 establish any
Defects or deficiencies in the Works, the Contractor shall carry out remedial measures
and furnish a report to the Authority’s Engineer in this behalf. The Authority’s
Engineer shall require the Contractor to carry out or cause to be carried out tests to
determine that such remedial measures have brought the Works into compliance with
the Specifications and Standards, and the procedure shall be repeated until such
Works conform to the Specifications and Standards. For the avoidance of doubt, the
cost of such tests and remedial measures in pursuance thereof shall be solely borne by
the Contractor.

11.11 Examination of work before covering up

In respect of the work which the Authority’s Engineer is entitled to examine, inspect,
measure and/or test before it is covered up or put out of view or any part of the work
is placed thereon, the Contractor shall give notice to the Authority’s Engineer
whenever any such work is ready and before it is covered up. The Authority’s
Engineer shall then either carry out the examination, inspection or testing without
unreasonable delay, or promptly give notice to the Contractor that the Authority’s
Engineer does not require to do so. Provided, however, that if any work is of a
continuous nature where it is not possible or prudent to keep it uncovered or
incomplete, the Contractor shall notify the schedule of carrying out such work to give
sufficient opportunity, not being less than 3 (three) business days’ notice, to the
Authority’s Engineer to conduct its inspection, measurement or test while the work is
continuing. Provided further that in the event the Contractor receives no response
from the Authority’s Engineer within a period of 3 (three) business days from the date
on which the Contractor’s notice hereunder is delivered to the Authority’s Engineer,
the Contractor shall be entitled to assume that the Authority’s Engineer would not
undertake the said inspection.

11.12 Rejection

If, as a result of an examination, inspection, measurement or testing, any Plant,

Materials, design or workmanship is found to be defective or otherwise not in
accordance with the provisions of this Agreement, the Authority’s Engineer shall
reject the Plant, Materials, design or workmanship by giving notice to the Contractor,
with reasons. The Contractor shall then promptly make good the Defect and ensure
that the rejected item complies with the requirements of this Agreement.

If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be

retested, the tests shall be repeated under the same terms and conditions, as applicable
in each case. If the rejection and retesting cause the Authority to incur any additional
costs, such cost shall be recoverable by the Authority from the Contractor; and may
be deducted by the Authority from any monies due to be paid to the Contractor.
 56

11.13 Remedial work

11.13.1Notwithstanding any previous test or certification, the Authority’s Engineer may

instruct the Contractor to:

(a) remove from the Site and replace any Plant or Materials which are not in
accordance with the provisions of this Agreement;

(b) remove and re-execute any work which is not in accordance with the provisions
of this Agreement and the Specification and Standards; and

(c) 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.

11.13.2If the Contractor fails to comply with the instructions issued by the Authority’s
Engineer under Clause 11.13.1, within the time specified in the Authority’s
Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the
Authority to have the work executed by another agency. The cost so incurred by the
Authority for undertaking such work shall, without prejudice to the rights of the
Authority to recover Damages in accordance with the provisions of this Agreement,
be recoverable from the Contractor and may be deducted by the Authority from any
monies due to be paid to the Contractor.

11.14 Delays during construction

Without prejudice to the provisions of Clause 10.3.2, in the event the Contractor does
not achieve any of the Project Milestones or the Authority’s Engineer shall have
reasonably determined that the rate of progress of Works is such that Completion of
the Project Highway is not likely to be achieved by the end of the Scheduled
Completion Date, it shall notify the same to the Contractor, and the Contractor shall,
within 15 (fifteen) days of such notice, by a communication inform the Authority’s
Engineer in reasonable detail about the steps it proposes to take to expedite progress
and the period within which it shall achieve the Project Completion Date.

11.15 Quality control records and Documents

The Contractor shall hand over to the Authority’s Engineer a copy of all its quality
control records and documents before the Completion Certificate is issued pursuant to
Clause 12.2.
 57

11.16 Video recording

During the Construction Period, the Contractor shall provide to the Authority for
every calendar quarter, a video recording, which will be compiled into a 3 (three)-
hour compact disc or digital video disc, as the case may be, covering the status and
progress of Works in that quarter. The video recording shall be provided to the
Authority no later than 15 (fifteen) days after the close of each quarter after the
Appointed Date.

11.17 Suspension of unsafe Construction Works

11.17.1 Upon recommendation of the Authority’s Engineer to this effect, or on its own
volition in cases of emergency or urgency, the Authority may by notice require the
Contractor to suspend forthwith the whole or any part of the Works if, in the
reasonable opinion of the Authority’s Engineer or the Authority, as the case may be,
such work threatens the safety of the Users and or other persons on or about the
Project. Provided, however, that in case of an emergency, the Authority may suo
moto issue the notice referred to hereinabove

11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17.1, suspend the
Works or any part thereof for such time and in such manner as may be specified by
the Authority and thereupon carry out remedial measures to secure the safety of
suspended works, the Users and pedestrians. The Contractor may by notice require
the Authority’s Engineer to inspect such remedial measures forthwith and make a
report to the Authority recommending whether or not the suspension hereunder may
be revoked. Upon receiving the recommendations of the Authority’s Engineer, the
Authority shall either revoke such suspension or instruct the Contractor to carry out
such other and further remedial measures as may be necessary in the reasonable
opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be
repeated until the suspension hereunder is revoked.

11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for
maintaining and protecting the Works or part thereof during the period of
suspension (the “Preservation Costs”), shall be borne by the Contractor; provided
that if the suspension has occurred as a result of any breach of this Agreement by
the Authority, the Preservation Costs shall be borne by the Authority.

11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the
Authority’s Engineer shall determine any Time Extension to which the Contractor is
reasonably entitled.
 58

11.18 Protection of Environment

The Contractor shall take all necessary measures to:

i. protect the environment (both on and off the Site); and

ii. limit damage and nuisance to people and property resulting from pollution, noise and
other results of the Contractor’s operations and/ or activities.

The Contractor shall ensure that emissions, surface discharges, effluent and any other
pollutants from the Contractor’s activities shall exceed neither the values indicated in
the Specification, nor those prescribed by applicable Laws.

In the event of damage to the environment, property and/or nuisance to people, on or

off-Site as a result of the Contractor’s operations, the Contractor shall agree with the
Engineer the appropriate actions and time scale to remedy, as practicable, the
damaged environment to its former condition. The Contractor shall implement such
remedies at its cost to the satisfaction of the Engineer.

The Contractor shall ensure that during continuance of the contract, the Contractor
and his Subcontractor(s) shall abide at all times by all existing enactments on
environmental protection and rules made thereunder, regulations, notifications and
bye-laws of the State or Central Government, or local authorities and any other law,
bye-law, regulations that may be passed or notification that may be issued in this
respect in future by the State or Central Government or the local authority. Salient
features of some of the major laws that are applicable are given below:

The Water (Prevention and Control of Pollution) Act, 1974

This provides for the prevention and control of water pollution and the maintaining
and restoring of wholesomeness of water. Pollution means such contamination of
water or such alteration of the physical, chemical or biological properties of water or
such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water(whether directly or indirectly) as may, or is likely to, create a
nuisance or render such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other legitimate uses, or to the life
and health of animals or plants or of aquatic organisms.

The Air (Prevention and Control of Pollution) Act, 1981

This provides for prevention, control and abatement of air pollution. 'Air Pollution'
means the presence in the atmosphere of any 'air pollutant', which means any solid,
liquid or gaseous substance (including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living
creatures or plants or property or environment.
 59

The Environment (Protection) Act, 1986

This provides for the protection and improvement of environment and for matters
connected therewith, and the prevention of hazards to human beings, other living
creatures, plants and property. 'Environment' includes water, air and land and the
inter-relationship which exists among and between water, air and land, and human
beings, other living creatures, plants, micro-organism and property.

The Public Liability Insurance Act, 1991

This provides for public liability insurance for the purpose of providing immediate
relief to the persons affected by accident occurring while handling hazardous
substances and for matters connected herewith or incidental thereto. Hazardous
substance means any substance or preparation which is defined as hazardous
substance under the Environment (Protection) Act 1986, and exceeding such quantity
as maybe specified by notification by the Central Government.

The Contractor shall take all reasonable steps to implement the environmental
mitigation measures, Environmental Management Plan, in accordance with objective,
procedures, and other provisions set forth therein and shall not take any action which
would prevent or interfere with such implementation. Further, he shall adhere to all
environmental requirements of the contract.

The reference to above mentioned Acts is only indicative.

The Contractor shall follow and implement the Environmental Management Plan and
EMoP given at Specification.

The contractor shall develop Environmental Management Systems that covers all its
operations and shall be certified to ISO 14001 within one year from the award of the
contract.

The contractor shall develop Occupational Health & Safety Management Systems that
covers all its activities / operations and shall be certified to OHSAS 18001 within one
year from the award for contract.

11.19 Labour Laws

The Contractor and his Subcontractors shall abide at all times by all existing labour
enactments and rules made there under, regulations, notifications and bye laws of
Government and Government Instrumentality and any other labour law (including
rules), regulations, byelaws that may be passed or notification that may be issued
under any labour law in future either by the Government and Government
Instrumentality.
 60

The Contractor shall keep the Authority indemnified in case any action is taken
against the Employer by the competent authority on account of contravention of any
of the provisions of any Act or rules made there under, regulations or notifications
including amendments. If the Authority is caused to pay or reimburse, such amounts
as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications / bye-laws / acts / rules / regulations including
amendments, if any, on the part of the Contractor, the Employer shall also have right
to recover from the Contractor any sum required or estimated to be required for
making good the loss or damage suffered by the Authority.

The Contractor is expected to be acquainted with all the latest applicable Laws,
including those concerning safety at work.
 61

ARTICLE 12
12. COMPLETION CERTIFICATE

12.1 Tests on completion

12.1.1 At least 30 (thirty) days prior to the likely completion of the Project Highway, or a
Section thereof, the Contractor shall notify the Authority’s Engineer of its intent to
subject the Project Highway or a Section thereof, to Tests. The date and time of
each of the Tests shall be determined by the Authority’s Engineer in consultation
with the Contractor, and notified to the Authority who may designate its
representative to witness the Tests. The Contractor shall either conduct the Tests as
directed by the Authority’s Engineer or provide such assistance as the Authority’s
Engineer may reasonably require for conducting the Tests. In the event of the
Contractor and the Authority’s Engineer failing to mutually agree on the dates for
conducting the Tests, the Contractor shall fix the dates by giving not less than 10
(ten) days’ notice to the Authority’s Engineer, and in the event the Authority’s
Engineer delays the Tests hereunder, the Authority shall impose exemplary
penalties on the Authority’s Engineer and shall ensure that Tests are completed in
time either by the Authority’s Engineer or any substitute thereof.

12.1.2 All Tests shall be conducted in accordance with Schedule-K. The Authority’s
Engineer shall either conduct or observe, monitor and review the Tests conducted
by the Contractor, as the case may be, and review the results of the Tests to
determine compliance of the Project Highway or a Section thereof, with
Specifications and Standards and if it is reasonably anticipated or determined by the
Authority’s Engineer during the course of any Test that the performance of the
Project Highway or Section or any part thereof, does not meet the Specifications
and Standards, it shall have the right to suspend or delay such Test and require the
Contractor to remedy and rectify the Defect or deficiencies. Upon completion of
each Test, the Authority’s Engineer shall provide to the Contractor and the
Authority copies of all Test data including detailed Test results. For the avoidance
of doubt, it is expressly agreed that the Authority’s Engineer may require the
Contractor to carry out or cause to be carried out additional Tests, in accordance
with Good Industry Practice, for determining the compliance of the Project
Highway or Section thereof with the Specifications and Standards.

12.2 Provisional Certificate

12.2.1 Subject to the provisions of Clause 12.2.5,upon completion of all Works forming
part of the Project Highway, save and except the Works for which Time Extension
has been granted under Clause 10.5, the Authority’s Engineer shall, at the request of
the Contractor, issue a provisional certificate of completion substantially in the form
set forth in Schedule-L (the “Provisional Certificate”)if the Tests for and in respect
 62

of the completed Works are successful. The Provisional Certificate shall have
appended thereto a list of outstanding items of work (the “Punch List”) that need to
be completed in accordance with the provisions of this Agreement. The Contractor
undertakes to complete the minor outstanding items of works in respect of those
Sections of the Project Highway for which the Provisional Certificate has been
issued, within a period of 30 (thirty) days of the date of Provisional Certificate, and
those parts of the Works in respect of which Time Extension has been granted,
within the extended period thereof. For the avoidance of doubt, the Parties agree
that the Punch List shall include all Works for which Time Extension has been
granted and shall also include any minor outstanding items of work forming part of
the completed Sections if such works do not materially affect the use of the
completed Sections for their intended purpose. The Parties further agree that
Provisional Certificate shall not be issued if the completed Works can not be safely
and reliably placed in service of the Users thereof.

12.2.2 Upon issue of Provisional Certificate, the provisions of Articles 14 and 17 shall
apply to the completed parts of the Project Highway.

12.2.3 If the Authority’s Engineer determines that the Project Highway or any completed
part thereof does not conform to the provisions of this Agreement and cannot be
safely and reliably placed in operation, it shall forthwith make a report in this behalf
and send copies thereof to the Authority and the Contractor and withhold issuance
of the Provisional Certificate until the Defects or deficiencies are rectified by the
Contractor and Tests are successful in accordance with this Article 12.

12.2.4 Notwithstanding anything to the contrary contained in Clause 12.2.3, the Authority
may, at any time after receiving a report from the Authority’s Engineer under that
Clause, direct the Authority’s Engineer to issue a Provisional Certificate under
Clause 12.2.1 and such direction shall be complied forthwith.

12.2.5 No Provisional Certificate shall be issued under the provisions of this Clause 12.2
until the Contractor has submitted valid claims for payment of at least 80% (eighty
per cent) of the amount arrived at after reducing the lump sum price specified in
Clause 19.1.1 by the amount attributable to works which have been withdrawn
under the provisions of Clause 8.3.3. For the avoidance of doubt and by way of
illustration, the Parties agree that if the Contract Price specified in Clause 19.1.1 is
Rs. 105 cr. (Rs. one hundred and five crore) and the works withdrawn under Clause
8.3.3 have a value of Rs. 5 cr. (Rs. five crore), a Provisional Certificate shall not be
issued until valid claims for payment of an amount of Rs. 80 cr. (Rs. eighty crore)
have been submitted by the Contractor in accordance with the provisions of this
Agreement. It is further agreed that all price adjustments made in pursuance of
Clause 19.10 shall not be reckoned for computation of the claims for payments
referred to in this Clause 12.2.5.
 63

12.3 Completion of remaining Works

All items in the Punch List shall be completed by the Contractor in accordance with
the provisions of this Agreement. For any delay in their completion other than for the
reasons solely attributable to the Authority or due to Force Majeure, the Authority
shall be entitled to recover Damages from the Contractor in accordance with the
provisions of Clause 10.3.2 of this Agreement.

12.4 Completion Certificate

12.4.1 Upon completion of all Works, including the items specified in the Punch List, and
the Authority’s Engineer determining the Tests to be successful, it shall forthwith
issue to the Contractor and the Authority a certificate substantially in the form set
forth in Schedule-L (the “Completion Certificate”).

12.4.2 Upon receiving the Completion Certificate, the Contractor shall remove its
equipment, materials, debris and temporary works from the Site within a period of
30 (thirty) days thereof, failing which the Authority may remove or cause to be
removed, such equipment, materials, debris and temporary works and recover from
the Contractor an amount equal to 120% (one hundred and twenty per cent) of the
actual cost of removal incurred by the Authority. Upon completion of construction,
the Contractor shall fully reinstate pathways, other local infrastructure and
agricultural land to at least their pre project conditions recorded by the contractor in
consonance with its obligation in Clause 10.1.1 (g)

12.4.3 Without prejudice to the obligations of the Contractor specified in Articles 14 and
17, the property and ownership of all the completed Works forming part of the
Project Highway shall vest in the Authority.

12.5 Rescheduling of Tests

If the Authority’s Engineer certifies to the Authority and the Contractor that it is
unable to issue the Completion Certificate or Provisional Certificate, as the case may
be, because of events or circumstances on account of which the Tests could not be
held or had to be suspended, the Contractor shall be entitled to re-schedule the Tests
and hold the same as soon as reasonably practicable.
 64

ARTICLE 13
13. CHANGE OF SCOPE

13.1 Change of Scope

13.1.1 The Authority may, notwithstanding anything to the contrary contained in this
Agreement, require the Contractor to make modifications/alterations to the Works
(“Change of Scope”) before the issue of the Completion Certificate either by giving
an instruction or by requesting the Contractor to submit a proposal for Change of
Scope involving additional cost or reduction in cost. Any such Change of Scope
shall be made and valued in accordance with the provisions of this Article 13.
However, any change in alignment in the particular section necessitated during the
implementation which doesn’t result in plus or minus 5% (five percent) in length of
particular section of alignment will not be considered as a change of scope.

13.1.2 Change of Scope shall mean:

(a) change in specifications of any item of Works;

(b) omission of any work from the Scope of the Project except under Clause 8.3.3;
provided that, subject to Clause 13.5, the Authority shall not omit any work
under this Clause in order to get it executed by any other authority; and / or

(c) any additional work, Plant, Materials or services which are not included in the
Scope of the Project, including any associated Tests on completion of
construction.

13.1.3 If the Contractor determines at any time that a Change of Scope will, if adopted, (i)
accelerate completion, (ii) reduce the cost to the Authority of executing,
maintaining or operating the Project Highway, (iii) improve the efficiency or value
to the Authority of the completed Project Highway, or (iv) otherwise be of benefit
to the Authority, it shall prepare a proposal with relevant details at its own cost. The
Contractor shall submit such proposal, supported with the relevant details and the
amount of reduction in the Contract Price to the Authority to consider such Change
of Scope. The Authority shall, within 15 (fifteen) days of receipt of such proposal,
either accept such Change of Scope with modifications, if any, and initiate
proceedings therefor in accordance with this Article 13 or reject the proposal and
inform the Contractor of its decision. For the avoidance of doubt, the Parties agree
that the Contractor shall not undertake any Change of Scope without the express
consent of the Authority, save and except any Works necessary for meeting any
Emergency.
 65

13.2 Procedure for Change of Scope

13.2.1 In the event of the Authority determining that a Change of Scope is necessary, it
may direct the Authority’s Engineer to issue to the Contractor a notice specifying in
reasonable detail the works and services contemplated thereunder (the “Change of
Scope Notice”).

13.2.2 Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence,
provide to the Authority and the Authority’s Engineer such information as is
necessary, together with preliminary documentation in support of:

(a) the impact, if any, which the Change of Scope is likely to have on the Project
Completion Schedule if the works or services are required to be carried out
during the Construction Period; and

(b) the options for implementing the proposed Change of Scope and the effect, if
any, each such option would have on the costs and time thereof, including the
following details:

(i) break down of the quantities, unit rates and cost for different items of work;

(ii) proposed design for the Change of Scope; and

(iii)proposed modifications, if any, to the Project Completion Schedule of the

Project Highway.

For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of
Clause 13.4.2, the Contract Price shall be increased or decreased, as the case may be, on
account of Change of Scope.

13.2.3 The Contractor’s quotation of costs for the Change of Scope shall be determined on
the following principles:

(a) For works where Schedule of Rates (SOR) of concerned State’s Public Works
Department/ Highways Department are available shall be applicable for
determination of costs. In case of non-availability of current SOR, the available
Schedule of Rates shall be applied by updating the same based on WPI.

(b) The cost of work shall be derived on the basis of MORTH Standard Data Book
and the applicable schedule of rates for the relevant State’s Public Works
Department/ Highways Department, as published by the respective State
Government, and such rates shall be indexed with reference to the WPI once
every year, with the base being the month and year of the publication of the said
schedule of rates; provided, however, that for any item not included in the
schedule of rates, the prevailing market rates as determined by the Authority’s
 66

Engineer shall apply, and for any item in respect of which MORTH Standard
Data Book does not provide the requisite details, the Authority’s Engineer shall
determine the rate in accordance with Good Industry Practice.

13.2.4 Upon reaching an agreement, the Authority shall issue an order (the “Change of
Scope Order”) requiring the Contractor to proceed with the performance thereof. In
the event that the Parties are unable to agree, the Authority may:

(a) issue a Change of Scope Order requiring the Contractor to proceed with the
performance thereof at the rates and conditions approved by the Authority till the
matter is resolved in accordance with Article 26; or

(b) proceed in accordance with Clause 13.5.

13.2.5 The provisions of this Agreement, insofar as they relate to Works and Tests, shall
apply mutatis mutandis to the works undertaken by the Contractor under this Article
13.

13.3 Payment for Change of Scope

Payment for Change of Scope shall be made in accordance with the payment schedule
specified in the Change of Scope Order.

13.4 Restrictions on Change of Scope

13.4.1 No Change of Scope shall be executed unless the Authority has issued the Change of
Scope Order save and except any Works necessary for meeting any Emergency.

13.4.2 Unless the Parties mutually agree to the contrary, the total value of all Change of
Scope Orders shall not exceed 10 (ten) per cent of the Contract Price.

13.4.3 Notwithstanding anything to the contrary in this Article 13, no change made
necessary because of any default of the Contractor in the performance of its
obligations under this Agreement shall be deemed to be Change of Scope, and shall
not result in any adjustment of the Contract Price or the Project Completion Schedule.

13.5 Power of the Authority to undertake works

13.5.1 In the event the Parties are unable to agree to the proposed Change of Scope Orders in
accordance with Clause 13.2, the Authority may, after giving notice to the Contractor
and considering its reply thereto, award such works or services to any person on the
basis of open competitive Tender from amongst Tenderers who are pre-qualified for
undertaking the additional work; provided that the Contractor shall have the option of
matching the first ranked Tender in terms of the selection criteria, subject to payment
 67

of 2% (two per cent) of the Tender amount to the Authority$, and thereupon securing
the award of such works or services. For the avoidance of doubt, it is agreed that the
Contractor shall be entitled to exercise such option only if it has participated in the
Tender process and its Tender does not exceed the first ranked Tender by more than
10% (ten percent) thereof. It is also agreed that the Contractor shall provide assistance
and cooperation to the person who undertakes the works or services hereunder, but
shall not be responsible for rectification of any Defects and/ or maintenance of works
carried out by other agencies.

13.5.2 The works undertaken in accordance with this Clause 13.5 shall conform to the
Specifications and Standards and shall be carried out in a manner that minimises the
disruption in operation of the Project Highway. The provisions of this Agreement,
insofar as they relate to Works and Tests, shall apply mutatis mutandis to the works
carried out under this Clause 13.5.

$
The Authority shall transfer 75% (seventy five percent) of the amount so received to the first ranked Tenderer
whose Tender shall have been matched by the Contractor.
 68

ARTICLE14
MAINTENANCE

14.1 Maintenance obligations of the Contractor

14.1.1 The Contractor shall maintain the Project Highway for a period of [7(seven) years]
commencing from the date of the Provisional Certificate (the “Maintenance Period”).
For the performance of its Maintenance obligation, the Contractor shall be paid a total
amount equal to 0.5% (half per cent) of the Contract Price for the first year and
second year of Maintenance Period and 1% (one per cent) of the Contract Price per
year for the third, fourth and fifth year of Maintenance Period and 0.5% (half per
cent) of the Contract Price for the sixth year and 1.50% (one and half per cent) of the
Contract Price per year for the seventh year, inclusive of all taxes. In addition to
routine maintenance, an overlay using Bituminous Concrete (40mm thick), Road
Markings, Studs, Rumble strips etc., complete over the entire stretch of project
corridor shall be provided on the 6th (sixth) year, the Contractor shall be paid a total
amount equal to 2.89% (two point Eight nine percent) of the Contract Price for the
overlay and other road furniture. The amount payable for maintenance and overlay
shall be adjusted to reflect any increase or decrease arising out of variation in WPI to
be determined in accordance with the provisions of Clause 19.12. For the avoidance
of doubt, it is agreed that in the event no Provisional Certificate is issued, the
Maintenance Period shall commence from the date of the Completion Certificate. It is
further agreed that the Contract Price hereunder shall be reckoned with reference to
the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change
of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not
include any price adjustments in pursuance of Clause 19.10.

14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access
to the Site for Maintenance in accordance with this Agreement. The obligations of the
Contractor hereunder shall include:

(a) Permitting safe, smooth and uninterrupted flow of traffic on the Project
Highway;

(b) undertaking routine maintenance including prompt repairs of potholes, cracks,

joints, drains, embankments, structures, pavement markings, lighting, road signs
and other traffic control devices;

(c) undertaking repairs to structures;

(d) informing the Authority of any unauthorized use of the Project Highway;

(e) informing the Authority of any encroachments on the Project Highway; and
 69

(f) operation and maintenance of all communication, patrolling, and administrative

systems necessary for the efficient maintenance of the Project Highway in
accordance with the provisions of this Agreement.

14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor
shall, at its own cost, undertake repair or rectification in accordance with Good
Industry Practice, save and except to the extent that such Defect or deficiency shall
have arisen on account of any default or neglect of the Authority or a Force Majeure
Event.

14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials
(including hazardous materials and waste water), rubbish and other debris (including,
without limitation, accident debris) and keep the Project Highway in a clean, tidy and
orderly condition, and in conformity with the Applicable Laws, Applicable Permits
and Good Industry Practice.

14.2 Maintenance Requirements

The Contractor shall ensure and procure that at all times during the Maintenance
Period, the Project Highway conforms to the maintenance requirements set forth in
Schedule-E (the “Maintenance Requirements”).

14.3 Maintenance Programme

14.3.1 The Contractor shall prepare a monthly maintenance programme (the Maintenance
Programme”) in consultation with the Authority’s Representatives/ Authority’s
Engineer and submit the same to the Authority’s Representatives/ Authority’s
Engineer not later than 10 (ten) days prior to the commencement of the month in
which the Maintenance is to be carried out. For this purpose a joint monthly
inspection by the Contractor and the Authority’s Representatives/ Authority’s
Engineer shall be undertaken. The Maintenance Programme shall contain the
following:

(a) The condition of the road in the format prescribed by the Authority’s
Representatives/ Authority’s Engineer;

(b) the proposed maintenance works; and

(c) deployment of resources for maintenance works.

14.4 Safety, vehicle breakdowns and accidents

14.4.1 The Contractor shall ensure safe conditions for the Users, and in the event of unsafe
conditions, lane closures, diversions, vehicle breakdowns and accidents, it shall
follow the relevant operating procedures for removal of obstruction and debris
 70

without delay. Such procedures shall conform to the provisions of this Agreement,
Applicable Laws, Applicable Permits and Good Industry Practice.

14.4.2 The Contractor shall maintain and operate a round-the-clock vehicle rescue post with
one mobile crane having the capacity to lift a truck with a Gross Vehicle Weight of
20,000 (twenty thousand) kilograms; and such post shall be located at Toll Plaza
location. The Contractor shall promptly remove any damaged vehicles and debris
from the Project Highway to enable safe movement of traffic and shall report all
accidents to the police forthwith.

14.5 Lane closure

14.5.1 The Contractor shall not close any lane of the Project Highway for undertaking
maintenance works except with the prior written approval of the Authority’s
Representatives/ Authority’s Engineer. Such approval shall be sought by the
Contractor through a written request to be made at least 10 (ten) days before the
proposed closure of lane and shall be accompanied by particulars thereof. Within 5
(five) business days of receiving such request, the Authority’s Representatives/
Authority’s Engineer shall grant permission with such modifications as it may deem
necessary and a copy of such permission shall be sent to the Authority.

14.5.2 Upon receiving the permission pursuant to Clause 14.5.1, the Contractor shall be
entitled to close the designated lane for the period specified therein, and in the event
of any delay in re-opening such lane, the Contractor shall, for every stretch of 250
(two hundred and fifty) metres, or part thereof, pay Damages to the Authority
calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance
payment for each day of delay until the lane has been re-opened for traffic.

14.6 Reduction of payment for non-performance of Maintenance obligations

14.6.1 In the event that the Contractor fails to repair or rectify any Defect or deficiency set
forth in Schedule-E within the period specified therein, it shall be deemed as failure of
performance of Maintenance obligations by the Contractor and the Authority shall be
entitled to effect reduction in monthly lump sum payment for maintenance in
accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the
Authority under this Agreement, including Termination thereof.

14.6.2 If the nature and extent of any Defect justifies more time for its repair or rectification
than the time specified in Schedule-E, the Contractor shall be entitled to additional
time in conformity with Good Industry Practice. Such additional time shall be
determined by the Authority’s Representatives/ Authority’s Engineer and conveyed to
the Contractor and the Authority with reasons thereof.
 71

14.7 Authority’s right to take remedial measures

In the event the Contractor does not maintain and/or repair the Project Highway or
any part thereof in conformity with the Maintenance Requirements, the Maintenance
Manual or the Maintenance Programme, as the case may be, and fails to commence
remedial works within 15 (fifteen) days of receipt of the Maintenance Inspection
Report under Clause 15.2 or a notice in this behalf from the Authority or the
Authority’s Representatives/ Authority’s Engineer, as the case may be, the Authority
shall, without prejudice to its rights under this Agreement including Termination
thereof, be entitled to undertake such remedial measures at the cost of the Contractor,
and to recover its cost from the Contractor. In addition to recovery of the aforesaid
cost, a sum equal to 20% (twenty per cent) of such cost shall be paid by the
Contractor to the Authority as Damages.

14.8 Restoration of loss or damage to Project Highway

Save and except as otherwise expressly provided in this Agreement, in the event that
the Project Highway or any part thereof suffers any loss or damage during the
Maintenance from any cause attributable to the Contractor, the Contractor shall, at its
cost and expense, rectify and remedy such loss or damage forthwith so that the Project
Highway conforms to the provisions of this Agreement.

14.9 Overriding powers of the Authority

14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its
obligations under this Agreement and, in particular, the Maintenance Requirements,
and such breach is causing or likely to cause material hardship or danger to the Users
and pedestrians, the Authority may, without prejudice to any of its rights under this
Agreement including Termination thereof, by notice require the Contractor to take
reasonable measures immediately for rectifying or removing such hardship or danger,
as the case may be.

14.9.2 In the event that the Contractor, upon notice under Clause 14.9.1, fails to rectify or
remove any hardship or danger within a reasonable period, the Authority may
exercise overriding powers under this Clause 14.9.2 and take over the performance of
any or all the obligations of the Contractor to the extent deemed necessary by it for
rectifying or removing such hardship or danger; provided that the exercise of such
overriding powers by the Authority shall be of no greater scope and of no longer
duration than is reasonably required hereunder; provided further that any costs and
expenses incurred by the Authority in discharge of its obligations hereunder shall be
recovered by the Authority from the Contractor, and the Authority shall be entitled to
deduct any such costs and expenses incurred from the payments due to the Contractor
under Clause 19.7 for the performance of its Maintenance obligations.
 72

14.9.3 In the event of a national emergency, civil commotion or any other circumstances
specified in Clause 21.3, the Authority may take over the performance of any or all
the obligations of the Contractor to the extent deemed necessary by it, and exercise
such control over the Project Highway or give such directions to the Contractor as
may be deemed necessary; provided that the exercise of such overriding powers by
the Authority shall be of no greater scope and of no longer duration than is reasonably
required in the circumstances which caused the exercise of such overriding power by
the Authority. For the avoidance of doubt, it is agreed that the consequences of such
action shall be dealt in accordance with the provisions of Article 21. It is also agreed
that the Contractor shall comply with such instructions as the Authority may issue in
pursuance of the provisions of this Clause 14.9.3, and shall provide assistance and
cooperation to the Authority, on a best effort basis, for performance of its obligations
hereunder.

14.10 Authorities Taking Over

The Maintenance Requirements set forth in Schedule-E having been duly carried out,
Maintenance Period as set forth in Clause 14.1.1 having been expired and Authority’s
Representatives/ Authority’s Engineer determining the Test on Completion of
Maintenance to be successful in accordance with Schedule-Q, the Authority will issue
Taking Over Certificate to the Contractor substantially in the format set forth in
Schedule-R.
 73

ARTICLE 15
SUPERVISION AND MONITORING DURING MAINTENANCE

15.1 Inspection by the Contractor

15.1.1 The Authority’s Representatives/ Authority’s Engineer shall undertake regular

inspections to evaluate continuously the compliance with the Maintenance
Requirements.

15.1.2 The Contractor shall carry out a detailed pre-monsoon inspection of all bridges,
culverts and drainage system in accordance with the guidelines contained in IRC:
SP35. Report of this inspection together with details of proposed maintenance works
as required shall be conveyed to the Authority’s Representatives/ Authority’s
Engineer forthwith. The Contractor shall complete the proposed maintenance works
before the onset of the monsoon and send a compliance report to the Authority’s
Representatives/ Authority’s Engineer. Post monsoon inspection shall be undertaken
by the Contractor and the inspection report together with details of any damages
observed and proposed action to remedy the same shall be conveyed to the
Authority’s Representatives/ Authority’s Engineer forthwith.

15.2 Inspection and payments

15.2.1 The Authority’s Representatives/ Authority’s Engineer may inspect the Project
Highway at any time, but at least once every month, to ensure compliance with the
Maintenance Requirements. It shall make a report of such inspection (“Maintenance
Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any,
with particular reference to the Maintenance Requirements, the Maintenance Manual,
and the Maintenance Programme, and send a copy thereof to the Authority and the
Contractor within 10 (ten) days of such inspection.

15.2.2 After the Contractor submits to the Authority’s Representatives/ Authority’s Engineer
the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6,
the Authority’s Representatives/ Authority’s Engineer shall carry out an inspection
within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s
Representatives/ Authority’s Engineer shall inform the Contractor of its intention to
carry out the inspection at least 3 (three) business days in advance of such inspection.
The Contractor shall assist the Authority’s Representatives/ Authority’s Engineer in
verifying compliance with the Maintenance Requirements.

15.2.3 For each case of non-compliance of Maintenance Requirements as specified in the

inspection report of the Authority’s Representatives/ Authority’s Engineer, the
Authority’s Representatives/ Authority’s Engineer shall calculate the amount of
reduction in payment in accordance with the formula specified in Schedule-M.
 74

15.2.4 Any deduction made on account of non-compliance will not be paid subsequently
even after establishing the compliance thereof. Such deductions will continue to be
made every month until the compliance is procured.

15.3 Tests

For determining that the Project Highway conforms to the Maintenance

Requirements, the Authority’s Representatives/ Authority’s Engineer shall require the
Contractor to carry out, or cause to be carried out, tests specified by it in accordance
with Good Industry Practice. The Contractor shall, with due diligence, carry out or
cause to be carried out all such tests in accordance with the instructions of the
Authority’s Representatives/ Authority’s Engineer and furnish the results of such tests
forthwith to the Authority’s Representatives/ Authority’s Engineer.

15.4 Reports of unusual occurrence

The Contractor shall, during the Maintenance Period, prior to the close of each day,
send to the Authority and the Authority’s Representatives/ Authority’s Engineer, by
facsimile or e-mail, a report stating accidents and unusual occurrences on the Project
Highway relating to the safety and security of the Users and Project Highway. A
monthly summary of such reports shall also be sent within 3 (three) business days of
the closing of month. For the purposes of this Clause 15.4, accidents and unusual
occurrences on the Project Highway shall include:

(a) accident, death or severe injury to any person;

(b) damaged or dislodged fixed equipment and other damaged Road assets;

(c) flooding of Project Highway; and

(d) any other unusual occurrence.

 75

ARTICLE 16
TRAFFIC REGULATION

16.1 Traffic regulation by the Contractor

16.1.1 The Contractor shall take all the required measures and make arrangements for the
safety of Users during the construction and maintenance of the Project Highway or a
Section thereof in accordance with the provisions of MORTH Specifications. It shall
provide, erect and maintain all such barricades, signs, markings, flags, and lights as
may be required by Good Industry Practice for the safety of the traffic passing
through the Section under construction or maintenance.

16.1.2 All works shall be carried out in a manner creating least interference to traffic passing
through the Project Highway or a Section thereof. In stretches where construction or
maintenance works on the carriageway are taken up, the Contractor shall ensure that
proper passage is provided for the traffic. Where it is not possible or safe to allow
traffic on part width of the carriageway, a temporary diversion of proper
specifications shall be constructed by the Contractor at its own cost. The Contractor
shall take prior approval of the Authority’s Engineer for any proposed arrangement
for traffic regulation during Construction and Maintenance, which approval shall not
be unreasonably withheld.
 76

ARTICLE 17
DEFECTS LIABILITY

17.1 Defects Liability Period

17.1.1 The Contractor shall be responsible for all the Defects and deficiencies, except usual
wear and tear in the Project Highway or any Section thereof, till the expiry of a period
of 7 (Seven) years commencing from the date of Provisional Certificate (the “Defects
Liability Period”). Provided that the Defects Liability Period shall in no case be less
than 84 (eighty four) months from the date of Completion Certificate for and in
respect of works for which Time Extension was granted. Provided further that in the
event no Provisional Certificate is issued, the Defects Liability Period shall
commence from the date of the Completion Certificate. For the avoidance of doubt,
any repairs or restoration on account of usual wear or tear in the Project Highway or
any Section thereof shall form a part of the Maintenance obligations of the Contractor
as specified in Article 14.

17.2 Remedying Defects

Save and except as provided in Clause 14.1.2, the Contractor shall repair or rectify all
Defects and deficiencies observed by the Authority’s Representatives/ Authority’s
Engineer during the Defects Liability Period within a period of 15 (fifteen) days from
the date of notice issued by the Authority’s Representatives/ Authority’s Engineer in
this behalf, or within such reasonable period as may be determined by the Authority’s
Representatives/ Authority’s Engineer at the request of the Contractor, in accordance
with Good Industry Practice.

17.3 Cost of remedying Defects

For the avoidance of doubt, any repair or rectification undertaken in accordance with
the provisions of Clause 17.2, including any additional testing, shall be carried out by
the Contractor at its own risk and cost, to the extent that such rectification or repair is
attributable to:

(a) the design of the Project;

(b) Plant, Materials or workmanship not being in accordance with this Agreement
and the Specifications and Standards;

(c) improper maintenance during construction of the Project Highway by the

Contractor; and/ or

(d) failure by the Contractor to comply with any other obligation under this
Agreement.
 77

17.4 Contractor’s failure to rectify Defects

In the event that the Contractor fails to repair or rectify such Defect or deficiency
within the period specified in Clause 17.2, the Authority shall be entitled to get the
same repaired, rectified or remedied at the Contractor’s cost so as to make the Project
Highway conform to the Specifications and Standards and the provisions of this
Agreement. All costs consequent thereon shall, after due consultation with the
Authority and the Contractor, be determined by the Authority’s Representatives/
Authority’s Engineer. The cost so determined and an amount equal to twenty percent
of the cost as Damages shall be recoverable by the Authority from the Contractor and
may be deducted by the Authority from any monies due to the Contractor.

17.5 Contractor to search cause

17.5.1 The Authority’s Representatives/ Authority’s Engineer may instruct the Contractor to
examine the cause of any Defect in the Works or part thereof before the expiry of the
Defects Liability Period.

17.5.2 In the event any Defect identified under Clause 17.5.1 is attributable to the
Contractor, the Contractor shall rectify such Defect within the period specified by the
Authority’s Representatives/ Authority’s Engineer, and shall bear the cost of the
examination and rectification of such Defect.

17.5.3 In the event such Defect is not attributable to the Contractor, the Authority’s
Representatives/ Authority’s Engineer shall, after due consultation with the Authority
and the Contractor, determine the costs incurred by the Contractor on such
examination and notify the same to the Contractor, with a copy to the Authority, and
the Contractor shall be entitled to payment of such costs by the Authority.

17.6. Extension of Defects Liability Period

The Defects Liability Period shall be deemed to be extended till the identified Defects
under Clause 17.2 have been remedied.

17.7 Performance Certificate

17.7.1 Performance of the Contractor’s obligations shall not be considered to have been
completed until the Authority’s Representatives/ Authority’s Engineer has issued the
Performance Certificate to the Contractor, stating the date on which the Contractor
completed its obligations with regard to any remedial or other work required as a
result of any defect in the Works, as identified under Clause 17.1, to the satisfaction
of the Authority’s Representatives/ Authority’s Engineer.

17.7.2 Based on the request of the contractor, the Authority’s Representatives/ Authority’s
Engineer shall issue the Performance Certificate substantially in the format set forth in
Schedule-S within 28 days after the latest of the expiry dates of the Defects Liability
Period, or as soon thereafter as the Contractor has supplied all the Contractor’s
documents, completed and tested all the Works, including remedying any defects.
 78

ARTICLE 18
AUTHORITY’S ENGINEER

18.1 Appointment of the Authority’s Engineer

18.1.1 The Authority shall appoint a consulting engineering firm substantially in accordance
with the selection criteria set forth in Schedule-N, to be the engineer under this
Agreement (the “Authority’s Engineer”).

18.1.2 The appointment of the Authority’s Engineer shall be made no later than 15 (fifteen)
days from the date of this Agreement. The Authority shall notify the appointment or
replacement of the Authority’s Engineer to the Contractor.

18.1.3 The staff of the Authority’s Engineer shall include suitably qualified engineers and
other professionals who are competent to assist the Authority’s Engineer to carry out
its duties.

18.2 Duties and authority of the Authority’s Engineer

18.2.1 The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, and substantially in accordance
with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annex 1
of Schedule N:

18.2.2 No decision or communication of the Authority’s Engineer shall be effective or valid

unless it is accompanied by an attested true copy of the approval of the Authority for
and in respect of any matter specified in Clause 18.2.1.

18.2.3 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. For the avoidance of doubt, the Authority’s Engineer
shall include in its report, compliance of the recommendations of the Safety
Consultant.

18.3 Delegation by the Authority’s Engineer

18.3.1 The Authority’s Engineer may, by order in writing, delegate any of his duties and
responsibilities to suitably qualified and experienced personnel who are accountable
to Authority’s Engineer, or may revoke any such delegation, under intimation to the
Authority and the Contractor. Provided, however, that the Authority’s Engineer shall
be responsible and liable for all actions and omissions of such personnel.
 79

18.3.2 Any failure of the Authority’s Engineer to disapprove any work, Plant or Materials
shall not constitute approval, and shall therefore not prejudice the right of the
Authority/ Authority’s Representative to reject the work, Plant or Materials, which is
not in accordance with the provisions of this Agreement and the Specifications and
Standards.

18.3.3 Notwithstanding anything stated in Clause 18.3.1 above, the Authority’s Engineer
shall not delegate the authority to refer any matter for the Authority’s prior approval
wherever required in accordance with the provisions of Clause 18.2.

18.4 Instructions of the Authority’s Engineer

18.4.1 The Authority’s Engineer may issue to the Contractor instructions for remedying any
Defect. The Contractor shall take such instructions from the Authority’s Engineer, or
from an assistant to whom appropriate authority has been delegated under Clause
18.3.

18.4.2 The instructions issued by the Authority’s Engineer shall be in writing. However, if
the Authority’s Engineer issues any oral instructions to the Contractor, it shall
confirm in writing the oral instructions within 2 (two) working days of issuing them.

18.4.3 In case the Contractor does not receive the confirmation of the oral instruction within
the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation
of the oral instructions from the Authority’s Engineer. The Contractor shall obtain
acknowledgement from the Authority’s Engineer of the communication seeking
written confirmation. In case of failure of the Authority’s Engineer or its delegated
assistant to reply to the Contractor within 2(two) days of the receipt of the
communication from the Contractor, the Contractor may not carry out the instruction.

18.4.4 In case of any dispute on any of the instructions issued by the delegated assistant, the
Contractor may refer the dispute to the Authority’s Engineer, who shall then confirm,
reverse or vary the instructions within 3 (three) business days of the dispute being
referred.

18.5 Determination by the Authority’s Engineer

18.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach
agreement wherever this Agreement provides for the determination of any matter by
the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer
shall make a fair determination in accordance with this Agreement having due regard
to all relevant circumstances. The Authority’s Engineer shall give notice to both the
Parties of each agreement or determination, with supporting particulars.
 80

18.5.2 Each Party shall give effect to each agreement or determination made by the
Authority’s Engineer in accordance with the provisions of this Agreement. Provided,
however, that if any Party disputes any instruction, decision, direction or
determination of the Authority’s Engineer, the Dispute shall be resolved in
accordance with the Dispute Resolution Procedure.

18.6 Remuneration of the Authority’s Engineer

The remuneration, cost and expenses of the Authority’s Engineer shall be paid by the
Authority.

18.7 Termination of the Authority’s Engineer

18.7.1 The Authority may, in its discretion, replace the Authority’s Engineer at any time, but
only after appointment of another Authority’s Engineer in accordance with Clause
18.1.

18.7.2 If the Contractor has reasons to believe that the Authority’s Engineer is not
discharging its duties and functions in accordance with the provisions of this
Agreement, it may make a written representation to the Authority and seek
termination of the appointment of the Authority’s Engineer. Upon receipt of such
representation, the Authority shall hold a tripartite meeting with the Contractor and
Authority’s Engineer and make best efforts for an amicable resolution of the
representation. In the event that the appointment of the Authority’s Engineer is
terminated hereunder, the Authority shall appoint forthwith another Authority’s
Engineer in accordance with Clause 18.1.
 81

ARTICLE 19
PAYMENTS

19.1 Contract Price

19.1.1 The Authority shall make payments to the Contractor for the Works on the basis of
the lump sum price accepted by the Authority in consideration of the obligations
specified in this Agreement for an amount of Rs. … … … … (Rs. … … … … … …
… …) (the “Contract Price”), which shall be subject to adjustments in accordance
with the provisions of this Agreement. For the avoidance of doubt, the Parties
expressly agree that the Contract Price shall not include the cost of Maintenance
which shall be paid separately in accordance with the provisions of Clause 19.7. The
Parties further agree that save and except as provided in this Agreement, the Contract
Price shall be valid and effective until issue of Completion Certificate.

19.1.2 The Contract Price includes all duties, taxes, royalty, and fees that may be levied in
accordance with the laws and regulations in force as on the Base Date on the
Contractor's equipment, Plant, Materials and supplies acquired for the purpose of this
Agreement and on the services performed under this Agreement. Nothing in this
Agreement shall relieve the Contractor from its responsibility to pay any tax including
any tax that may be levied in India on profits made by it in respect of this Agreement.

As per Notification No.31/2017-Central Tax (Rate) Dated 13.10.2017, the

concessional rate of GST at 12% (CGST at 6% + SGST at 6%) is leviable irrespective
of the GST rate applicable on purchase of goods used in the execution of the contract.
The contractor is eligible to get refund of excess taxes paid over or liable to pay tax as
per Notification No.20/2017, Central Tax(Rate) dated 22.08.2017, Notification No.
24/2017, Central Tax (Rate) dated 21.09.2017 and Notification No.31/2017, Central
Tax (Rate) dated 13.10.2017.

The GST and rate of Tax Deduction at Source will be operated as per Government
order in force during execution and other circular instructions issued from time to
time.

19.1.3 The Contract Price shall not be adjusted for any change in costs stated in Clause
19.1.2 above, except as stated in Clauses 19.10 and 19.17.

19.1.4 The Contract Price shall not be adjusted to take account of any unforeseen difficulties
or costs, unless otherwise provided for in this Agreement.

19.1.5 Unless otherwise stated in this Agreement, the Contract Price covers all the
Contractor’s obligations for the Works under this Agreement and all things necessary
for the Construction and the remedying of any Defects in the Project Highway.
 82

19.1.6 The Contract Price shall be paid in the currency or currencies named in the Schedule-
T of this Agreement. The proportions or amounts of the Local and Foreign
Currencies, and the fixed rates of exchange to be used for calculating the payments,
shall be as stated in Schedule-T. Payments for Change of Scope, Damages by the
Authority and any other requirements as per this Agreement shall be paid in Indian
Rupees. All deductions under this Agreement, payment of Damages by the Contractor
and repayment of Advance by the Contractor shall be made in Indian Rupees.

19.2 Advance Payment

19.2.1 The Authority shall make an interest-free advance payment (the “Advance
Payment”), equal in amount to 10 (ten) percent of the Contract Price, for
mobilisation expenses and for acquisition of equipment. The Advance Payment shall
be made in three instalments. The first instalment shall be an amount equal to 2%
(two percent) of the Contract Price, the second instalment shall be equal to 3% (three
percent) of the Contract Price, and the third instalment shall be equal to 5% (five
percent) of the Contract Price.

19.2.2 The Contractor may apply to the Authority for the first instalment of the Advance
Payment at any time after the Appointed Date, along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 100% (one hundred
per cent) of such instalment, substantially in the form provided at Annex-III of
Schedule-G, to remain effective till the complete and full repayment thereof.

19.2.3 At any time after 30 (thirty) days from the Appointed Date, the Contractor may apply
for the second instalment of the Advance Payment along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 100% (one hundred
per cent) of such installment, substantially in the form provided at Annex-III of
Schedule-G, to remain effective till the complete and full repayment thereof.

19.2.4 At any time, after 60 (sixty) days from the Appointed Date, the Contractor may apply
to the Authority for the third installment of the Advance Payment along with an
irrevocable and unconditional guarantee from a Bank for an amount equivalent to
100% (one hundred per cent) of such instalment, substantially in the form provided at
Annex-III of Schedule-G, to remain effective till the complete and full repayment
thereof.

19.2.5 The first, second and the third installments shall be paid by the Authority to the
Contractor within 15 (fifteen) days of the receipt of its respective requests in
accordance with the provisions of this Clause 19.2.

19.2.6 Each installment of Advance Payment shall be repaid by the Contractor to the
Authority no later than 730 (Seven hundred and thirty five) days from the respective
 83

date of Advance Payment or before the issuance of completion certificate whichever

is earlier.

19.2.7 The advance payment will be recovered by the Authority in instalments, against the
interim payment certificates, at the rate of 15% on the cost of the Interim payments
until the advance payment has been fully set off. The Contractor shall repay each
installment of the Advance Payment on or before the due date of repayment. In the
event of the Contractor’s failure to make the repayment on time, the Authority shall
be entitled to encash the Bank guarantee for Advance Payment.

19.2.8 If the Advance Payment has not been fully repaid prior to Termination under Clause
21.7 or Article 23, as the case may be, the whole of the balance then outstanding shall
immediately become due and payable by the Contractor to the Authority. Without
prejudice to the provisions of Clause 19.2.

19.3 Procedure for estimating the payment for the Works

19.3.1 The Authority shall make interim payments to the Contractor as certified by the
Authority’s Engineer on completion of a stage, in a length, number or area as
specified, and valued in accordance with the proportion of the Contract Price assigned
to each item and its stage in Schedule-H.

19.3.2 The Contractor shall base its claim for interim payment for the stages completed till
the end of the month for which the payment is claimed, valued in accordance with
Clause 19.3.1, supported with necessary particulars and documents in accordance
with this Agreement.

19.3.3 Any reduction in the Contract Price arising out of Change of Scope or the works
withdrawn under Clause 8.3 shall not affect the amounts payable for the items or
stage payments thereof which are not affected by such Change of Scope or
withdrawal. For avoidance of doubt and by way of illustration, the Parties agree that if
the amount assigned to Major Bridges is reduced from Rs. 100 crore to Rs. 80 crore
owing to Change of Scope or withdrawal of work, the reduction in payment shall be
restricted to relevant payments for Major Bridges only and the payment due in respect
of all other stage payments under the item Major Bridges shall not be affected in any
manner. The Parties further agree that the adjustments arising out of the aforesaid
modifications shall be carried out in a manner that the impact of such modifications is
restricted to the said Change of Scope or withdrawal, as the case may be, and does not
alter the payments due for and in respect of items or stage payments which do not
form part of such Change of Scope or withdrawal.
 84

19.4 Stage Payment Statement for Works

The Contractor shall submit a statement (the “Stage Payment Statement”), in 3

copies, by the 7th (seventh) day of the month to the Authority’s Engineer in the form
set forth in Schedule-O, showing the amount calculated in accordance with Clause
19.3 to which the Contractor considers himself entitled for completed stage(s) of the
Works. The Stage Payment Statement shall be accompanied with the progress reports
and any other supporting documents. The Contractor shall not submit any claim for
payment of incomplete stages of work.

19.5 Stage Payment for Works

19.5.1 Within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 19.4, the Authority’s Engineer shall broadly determine the amount
due to the Contractor and recommend the release of 90 (ninety) percent of the amount
so determined as part payment against the Stage Payment Statement, pending issue of
the Interim Payment Certificate by the Authority’s Engineer. Within 10 (ten) days of
the receipt of recommendation of the Authority’s Engineer, the Authority shall make
electronic payment directly to the Contractor’s bank account.

19.5.2 Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in
Clause 19.4, the Authority’s Engineer shall determine and shall deliver to the
Authority and the Contractor an IPC certifying the amount due and payable to the
Contractor, after adjusting the payments already released to the Contractor against the
said statement. For the avoidance of doubt, the Parties agree that the IPC shall specify
all the amounts that have been deducted from the Stage Payment Statement and the
reasons therefor.

19.5.3 In cases where there is a difference of opinion as to the value of any stage, the
Authority’s Engineer’s view shall prevail and interim payments shall be made to the
Contractor on this basis; provided that the foregoing shall be without prejudice to the
Contractor’s right to raise a Dispute.

19.5.4 The Authority’s Engineer may, for reasons to be recorded, withhold from payment:

(a) the estimated value of work or obligation that the Contractor has failed to
perform in accordance with this Agreement and the Authority’s Engineer had
notified the Contractor; and

(b) the estimated cost of rectification of work done being not in accordance with
this Agreement.

19.5.5 Payment by the Authority shall not be deemed to indicate the Authority's acceptance,
approval, consent or satisfaction with the work done.
 85

19.6 Monthly Maintenance Statement of the Project Highway

19.6.1 The Contractor shall submit to the Authority’s Representative / Authority’s Engineer
a monthly maintenance statement (“Monthly Maintenance Statement”) in 3 (three)
copies by the7th (seventh) day of each month in the format set forth in Schedule-O for
the Maintenance of the Project Highway during the previous month.

19.6.2 The monthly lump sum amount payable for Maintenance shall be 1/12th (one-twelfth)
of the annual cost of Maintenance as specified in Clause 14.1.1.

19.7 Payment for Maintenance of the Project Highway

19.7.1 Within 15 (fifteen) days of receipt of the Monthly Maintenance Statement from the
Contractor pursuant to Clause 19.6, the Authority’s Representative / Authority’s
Engineer shall verify the Contractor’s monthly maintenance statement and certify the
amount to be paid to the Contractor taking into account:

(a) Compliance with the Maintenance Requirements; and

(b) reduction for non-compliance with the Maintenance Requirement in accordance

with Clause 19.7.2.

The Authority’s Representative / Authority’s Engineer shall deliver to the Authority

an IPC approving or amending the monthly maintenance statement to reflect the
amount due to the Contractor in accordance with this Agreement.

19.7.2 Maintenance shall be measured in units of one kilometer each; provided, however,
that payment thereof shall be made in fixed monthly amounts in accordance with this
Agreement. If the Maintenance Requirements set forth in Schedule-E are not met,
reduction in payments shall be made in accordance with the provisions of Schedule-
M. The reductions for non-compliance with the Maintenance Requirements shall be
applied on the basis of monthly inspections by the Authority’s Representative /
Authority’s Engineer.

19.7.3 The deduction made on account of non-compliance with the Maintenance

Requirements shall not be subsequently considered for payment after the compliance
is achieved by repair or rectification.

19.7.4 The Authority shall pay to the Contractor every quarter any amount due under any
IPC under this Clause 19.7. The payment shall be made no later than 30 (thirty) days
from the date of submission of the last IPC for the relevant quarter.
 86

19.8 Payment of Damages

19.8.1 The Contractor may claim Damages due and payable to it in accordance with the
provisions of this Agreement.

19.8.2 The Authority’s Representative / Authority’s Engineer shall issue the IPC within 15
(fifteen) days of the receipt of the claim under Clause 19.8.1, after making
adjustments in accordance with the provisions of this Agreement. The Authority shall
pay to the Contractor the amount due under any IPC within a period of 30 (thirty)
days from the date of the submission of the claim under this Clause 19.8. In the event
of the failure of the Authority to make payment to the Contractor within the specified
time, the Authority shall be liable to pay to the Contractor interest thereon and the
provisions of Clause 19.9 shall apply mutatis mutandis thereto.

19.9 Time of payment and interest

19.9.1 The Authority shall pay to the Contractor any amount due under any payment
certificate issued by the Authority’s Engineer in accordance with the provisions of
this Article 19, or in accordance with any other clause of this Agreement as follows:

(a) payment shall be made no later than 30 (thirty) days from the date of submission
of the Stage Payment Statement by the Contractor to the Authority’s Engineer
for certification in accordance with the provisions of Clause 19.4 for an IPC;
provided that, in the event the IPC is not issued by the Authority’s Engineer
within the aforesaid period of 30 (thirty) days, the Authority shall pay the
amount shown in the Contractor’s Stage Payment Statement and any
discrepancy therein shall be added to, or deducted from, the next payment
certificate issued to the Contractor; and

(b) payment shall be made no later than 45 days from the date of submission of the
Final Payment Certificate for Works along with the discharge submitted to the
Authority’s Engineer in accordance with the provisions of Clause 19.15 for
certification.

19.9.2 In the event of the failure of the Authority to make payment to the Contractor within
the time period stated in this Clause 19.9, the Authority shall be liable to pay to the
Contractor interest at the Base Rate plus 3% (three percent), calculated at quarterly
rests, on all sums remaining unpaid from the date on which the same should have
been paid, calculated in accordance with the provisions of Clause 19.9.1(a) and (b)
and till the date of actual payment.
 87

19.10. Price adjustment for the Works

19.10.1 The amounts payable to the Contractor for Works shall be adjusted in accordance
with the provisions of this Clause 19.10.

19.10.2 Subject to the provisions of Clause 19.10.3, the amounts payable to the Contractor
for Works, shall be adjusted in the IPC issued by the Authority’s Representative /
Authority’s Engineer for the increase or decrease in the index cost of inputs for the
Works, by the addition or subtraction of the amounts determined by the formulae
prescribed in Clause 19.10.4.

19.10.3 To the extent that full compensation for any increase or decrease in costs to the
Contractor is not covered by the provisions of this or other Clauses in this
Agreement, the costs and prices payable under this Agreement shall be deemed to
include the amounts required to cover the contingency of such other increase or
decrease of costs and prices.

19.10.4 The Contract Price shall be adjusted for increase or decrease in rates and price of
labour, cement, steel, Plant, machinery and spares, bitumen, fuel and lubricants, and
other material inputs in accordance with the principles, procedures and formulae
specified below:

(a) Price adjustment shall be applied on completion of the specified stage of the
respective item of work in accordance with Schedule-H;

(b) Adjustment for each item of work/stage shall be made separately.

(c) The following expressions and meanings are assigned to the value of the work
done:

RW= Value of work done for the completion of a stage under the following
items of Schedule-H:

(i) Road works; and

(ii) Other works

BR = Value of work done for the completion of a stage under the items Major
Bridges and Structures (Schedule-H)

(d) Price adjustment for changes in cost shall be paid in accordance with the
following formulae:
 88

(i) VRW= 0.85 RW x [PL x (LI – LO)/LO + PA x (AI – AO)/AO + PF x (FI

–FO)/FO + PB x (BI – BO)/BO + PM x (MI – MO)/MO + PC x (CI –
CO)/CO+ PS x (SI – SO)/SO]

(ii) VBR = 0.85 BR x [PL x (LI – LO)/LO + PA x (AI – AO)/AO + PF x (FI –

FO)/FO + PM x (MI – MO)/MO+ PC x (CI – CO)/CO + PS x (SI –
SO)/SO]

Where

VRW = Increase or decrease in the cost of road works/other works during the period
under consideration due to changes in the rates for relevant components as
stated in sub-paragraph (e)

VBR = Increase or decrease in the cost of Major Bridges and Structures during the
period under consideration due to changes in the rates for relevant components
as stated in sub-paragraph (e)

PB, PC, PL, PM, and PS are the percentages of bitumen, grey cement, labour, other
materials, and steel rebars/components (including strands and cables)
respectively for the relevant item as stated in sub-paragraph (e)

PA is the percentage of Plant, machinery and spares component for the relevant item as
stated in sub-paragraph (e).

PF is the percentage of fuel and lubricants for the relevant items as stated in sub-
paragraph (e).

AO = The wholesale price index as published by the Ministry of Commerce &

Industry, Government of India (hereinafter called “WPI”) for construction
machinery for the month of the Base Date.

AI = The WPI for construction machinery for the month three months prior to the
month to which the IPC relates.

BO = The official retail price of bitumen at the nearest refinery at Chennai on the
base date.

BI = The official retail price of bitumen at nearest refinery at Chennai, on the first
day of the month three months prior to the month to which the IPC relates.

CO = The WPI for cement for the month of the Base Date.

CI = The WPI for cement for the month three months prior to the month to which
the IPC relates.
 89

FO = The official retail price of high speed diesel (HSD) oil at the existing
consumer pumps of Indian Oil Corporation (“IOC”) in the State of Tamil
Nadu on the Base Date.

FI = The official retail price of HSD at the existing consumer pumps of IOC in
the State of Tamil Nadu on the first day of the month three months prior to the
month to which the IPC relates

LO = The consumer price index for industrial workers for the State of Tamil Nadu,
published by Labour Bureau, Ministry of Labour, Government of India,
(hereinafter called “CPI”) for the month of the Base Date.

LI = The CPI for the month three months prior to the month to which the IPC
relates.

MO = The WPI for all commodities for the month of the Base Date.

MI = The WPI for all commodities for the month three months prior to the month to
which the IPC relates.

SO = The WPI for steel (rods) for the month of the Base Date.

SI = The WPI for steel (rods) for the month three months prior to the month to
which the IPC relates.

(e) The following percentages shall govern the price adjustment of the Contract Price:

Item
Road Works
Culverts, Major
Component Earthwork,
Cement minor Bridges and
Granular Bituminous
Concrete bridges and Structures
work, and work
Pavement other
Other works
structures
Labour (PL) 4% 1% NIL 11% 8%
Cement (PC) 1% Nil NIL 22% 24%
Steel(PS) Nil Nil NIL 25% 29%
Bitumen (PB) Nil 47% NIL Nil Nil
Fuel and
9% 5% NIL 3% 4%
lubricants (PF)
Other Materials
65% 34% NIL 31% 25%
(PM)
Plant, machinery
21% 13% NIL 8% 10%
and spares. (PA)
Total 100% 100% 100% 100%

* Other structures are Lined Drains and Retaining Walls only.

 90

(f) In case an IPC relates to a month which is within 3 (three) months from the Base
Date, no price adjustment shall be applicable.

19.11 Restrictions on price adjustment

Price adjustment shall be due and payable only in respect of the stages of Works for
which the Stage Payment Statement has been submitted by the Contractor no later
than 30 (thirty) days from the date of the applicable Project Milestone or the
Scheduled Completion Date, as the case may be, including any Time Extension
granted therefor in accordance with the provisions of this Agreement. For the
avoidance of doubt, in the event of submission of any Stage Payment Statement after
the period specified herein, price adjustment shall be applicable until the date of the
respective Project Milestone or the Scheduled Completion Date, as the case may be in
concurrence with Schedule J.

19.12. Price adjustment for Maintenance of Project Highway

(a) Lump sum payment for Maintenance shall be adjusted every quarter for
changes in rates and prices of various inputs in accordance with the formula
given below:

V = P X (WI-WO)/WO
V = Increase or decrease in the quarterly lump sum payment
P = Quarterly lump sum payment due to the Contractor after adjusting any
reduction in payment for non-compliance of the Maintenance Requirements
WO = The wholesale price index (all commodities) for the month of the Base
Date.
WI = The wholesale price index (all commodities) for the first day of the quarter
under consideration for determining the price adjustment.

(b) Lump sum payment for overlay shall be adjusted for the respective month for
changes in rates and prices of various inputs in accordance with the formula
given below:

V = P X (WI-WO)/WO
V = Increase or decrease in the lump sum payment
P = Overlay lump sum payment due to the Contractor after adjusting any
reduction in payment for non-compliance
WO = The wholesale price index (all commodities) for the month of the Base
Date.
WI = The wholesale price index (all commodities) for the first day of the month
under consideration for determining the price adjustment.
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19.13 Final Payment Statement

19.13.1 Within 60 (sixty) days after receiving the Completion Certificate under Clause 12.4,
the Contractor shall submit to the Authority’s Engineer for consideration six copies of
a Final Payment Statement (the “Final Payment Statement”) for Works, with
supporting documents showing in detail, in the form prescribed by the Authority’s
Engineer:

(a) the summary of Contractor’s Stage Payment claims for Works as submitted in
accordance with Clause 19.4;
(b) the amounts received from the Authority against each claim; and
(c) any further sums which the Contractor considers due to it from the Authority.

If the Authority’s Engineer disagrees with or cannot verify any part of the Final
Payment Statement, the Contractor shall submit such further information as the
Authority’s Engineer may reasonably require. The Authority’s Engineer shall deliver
to the Authority:

(i) an IPC for those parts of the Final Payment Statement which are not in
dispute, along with a list of disputed items which shall then be settled in
accordance with the provisions of Article 26; or

(ii) a Final Payment Certificate in accordance with Clause 19.15 if there are no
disputed items.

19.13.2 If the Authority’s Engineer does not prescribe the form referred to in Clause 19.13.1
within 15 (fifteen) of the date of issue of the Completion Certificate, the Contractor
shall submit the statement in such form as it deems fit.

19.14 Discharge

Upon submission of the Final Payment Statement for Works under Clause 19.13, the
Contractor shall give to the Authority, with a copy to the Authority’s Engineer, a
written discharge confirming that the total of the Final Payment Statement represents
full and final settlement of all monies due to the Contractor in respect of this
Agreement for all the Works arising out of this Agreement, except for any monies due
to either Party on account of any Defect. Provided that such discharge shall become
effective only after the payment due has been made in accordance with the Final
Payment Certificate issued pursuant to Clause 19.15.

19.15 Final Payment Certificate

19.15.1Within 30 (thirty) days after receipt of the Final Payment Statement for Works under
Clause 19.13, and the written discharge under Clause 19.14, and there being no
 92

disputed items of claim, the Authority’s Engineer shall deliver to the Authority, with a
copy to the Contractor, a final payment certificate (the “Final Payment Certificate”)
stating the amount which, in the opinion of the Authority’s Engineer, is finally due
under this Agreement or otherwise. For the avoidance of doubt, before issuing the
Final Payment Certificate, the Authority’s Engineer shall ascertain from the Authority
all amounts previously paid by the Authority and for all sums to which the Authority
is entitled, the balance, if any, due from the Authority to the Contractor or from the
Contractor to the Authority, as the case may be.

19.15.2The Authority shall, in accordance with the provisions of Clause 19.9, pay to the
Contractor the amount which is stated as being finally due in the Final Payment
Certificate.

19.16 Final payment statement for Maintenance

19.16.1 Within 30 (thirty) days after completion of the Maintenance Period, the Contractor
shall submit to the Authority’s Representative six copies of the final payment
statement for Maintenance of the Project Highway, with supporting documents
showing the details set forth below in the form prescribed by the Authority’s
Representative:

(a) the total amount claimed in accordance with the monthly statement for
Maintenance of Project Highway;

(b) the amount paid in accordance with the Interim Payment Certificates; and

(c) any sums which the Contractor considers to be due to it, with supporting
documents.

19.16.2 The Authority’s Representative shall certify final payment within 30 (thirty) days of
the receipt of the final payment statement of Maintenance under Clause 19.16.1,
segregating the items of amount payable from the items of amount disallowed. The
Authority shall make payment on the basis of the final payment authorised by the
Authority’s Representative within a period of 30 (thirty) days of the receipt of the
Final Payment Statement from the Authority’s Representative.

19.16.3 If the Authority’s Representative does not prescribe the form within 15 (fifteen) days
of the date of issue of the Completion Certificate, the Contractor shall submit the
statement in such form as it deems fit.

19.17 Change in law

19.17.1If as a result of Change in Law, the Contractor suffers any additional costs in the
execution of the Works or in relation to the performance of its other obligations under
this Agreement, the Contractor shall, within 15 (fifteen) days from the date it becomes
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reasonably aware of such addition in cost, notify the Authority with a copy to the
Authority’s Representative/ Authority’s Engineer of such additional cost due to
Change in Law.

19.17.2If as a result of Change in Law, the Contractor benefits from any reduction in costs
for the execution of this Agreement or in accordance with the provisions of this
Agreement, either Party shall, within 15 (fifteen) days from the date it becomes
reasonably aware of such reduction in cost, notify the other Party with a copy to the
Authority’s Representative/ Authority’s Engineer of such reduction in cost due to
Change in Law.

19.17.3The Authority’s Representative/ Authority’s Engineer shall, within15 (fifteen) days

from the date of receipt of the notice from the Contractor or the Authority, determine
any addition or reduction to the Contract Price, as the case may be, due to the Change
in Law.

19.18 Correction of Interim Payment Certificates

The Authority’s Representative/ Authority’s Engineer may by an Interim Payment

Certificate make any correction or modification in any previous Interim Payment
Certificate issued by the Authority’s Representative/ Authority’s Engineer.

19.19 Authority’s claims

If the Authority considers itself to be entitled to any payment from the Contractor
under any Clause of this Agreement, it shall give notice and particulars to the
Contractor 20 (twenty) days before making the recovery from any amount due to the
Contractor, and shall take into consideration the representation, if any, made by the
Contractor in this behalf, before making such recovery.

19.20 Bonus for early completion

In the event that the Project Completion Date occurs prior to the Scheduled
Completion Date, the Contractor shall be entitled to receive a payment of bonus
equivalent to 0.03% (zero point zero three per cent) of the Contract Price for each day
by which the Project Completion Date precedes the Scheduled Completion Date, but
subject to a maximum of 3% (three per cent) of the Contract Price. Provided,
however, that the payment of bonus, if any, shall be made only after the issue of the
Completion Certificate. For the avoidance of the doubt, the Parties agree that for the
purpose of determining the bonus payable hereunder, the Contract Price shall always
be deemed to be the amount specified in Clause 19.1.1, and shall exclude any revision
thereof for any reason. The Parties also agree that bonus shall be payable only if each
work for which Extension of Time has been granted is completed within respective
Extended Time.
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ARTICLE 20
INSURANCE

20.1 Insurance for Works and Maintenance

20.1.1 The Contractor shall effect and maintain at its own cost the insurances specified in
Schedule-P and as per the requirements under the Applicable Laws.

20.1.2 Subject to the provisions of Clause 21.6, the Authority and the Contractor shall, in
accordance with its obligations as provided for in this Agreement, be liable to bear the
cost of any loss or damage that does not fall within the scope of this Article 20 or
cannot be recovered from the insurers.

20.1.3 Subject to the exceptions specified in Clause 20.1.4 below, the Contractor shall, save
and except as provided for in this Agreement, fully indemnify, hold harmless and
defend the Authority from and against any and all losses, damages, costs, charges
and/or claims with respect to:

(a) the death of or injury to any person; or

(b) the loss of or damage to any property (other than the Works);

that may arise out of or in consequence of any breach by the Contractor of this
Agreement during the execution of the Works or the remedying of any Defects
therein.

20.1.4 Notwithstanding anything stated above in Clause 20.1.3, the Authority shall fully
indemnify the Contractor from and against any and all losses, damages, costs,
charges, proceedings and/or claims arising out of or with respect to

(a) the use or occupation of land or any part thereof by the Authority;

(b) the right of the Authority to execute the Works, or any part thereof, on, over,
under, in or through any land;

(c) the damage to property which is the unavoidable result of the execution and
completion of the Works, or the remedying of any Defects therein, in
accordance with this Agreement; and

(d) the death of or injury to persons or loss of or damage to property resulting from
any act or neglect of the Authority, its agents, servants or other contractors, not
being employed by the Contractor.

Provided that, in the event of any injury or damage as a result of the contributory
negligence of the Contractor, the Authority shall be liable to indemnify the Contractor
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from and against any and all losses, damages, costs, charges, proceedings and/or
claims to the extent as may be proportionately determined to be the liability of the
Authority, its servants or agents or other contractors not associated with the
Contractor in such injury or damage.

20.1.5 Without prejudice to the obligations of the Parties as specified under Clauses 20.1.3
and 20.1.4, the Contractor shall maintain or effect such third party insurances as may
be required under the Applicable Laws.

20.1.6 The Contractor shall provide to the Authority, within 30 days of the Appointed Date,
evidence of professional liability insurance maintained by its Design Director and/or
consultants to cover the risk of professional negligence in the design of Works. The
professional liability coverage shall be for a sum of not less than [3% (three per cent)]
of the Contract Price and shall be maintained until the end of the Defects Liability
Period.

20.2 Notice to the Authority

No later than 15 (fifteen) days after the date of this Agreement, the Contractor shall
by notice furnish to the Authority, in reasonable detail, information in respect of the
insurances that it proposes to effect and maintain in accordance with this Article 20.
Within 15 (fifteen) days of receipt of such notice, the Authority may require the
Contractor to effect and maintain such other insurances as may be necessary pursuant
hereto, and in the event of any difference or disagreement relating to any such
insurance, the Dispute Resolution Procedure shall apply.

20.3 Evidence of Insurance Cover

20.3.1 All insurances obtained by the Contractor in accordance with this Article 20 shall be
maintained with insurers on terms consistent with Good Industry Practice. Within 10
(ten) days from the Appointed Date, the Contractor shall furnish to the Authority
notarised true copies of the certificate(s) of insurance, copies of insurance policies and
premia payment receipts in respect of such insurance, and no such insurance shall be
cancelled, modified, or allowed to expire or lapse until the expiration of at least 45
(forty-five) days after notice of such proposed cancellation, modification or non-
renewal has been delivered by the Contractor to the Authority. The Contractor shall
act in accordance with the directions of the Authority. Provided that the Contractor
shall produce to the Authority the insurance policies in force and the receipts for
payment of the current premia.

20.3.2 The Contractor shall ensure the adequacy of the insurances at all times in accordance
with the provisions of this Agreement.
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20.4 Remedy for failure to insure

If the Contractor shall fail to effect and keep in force all insurances for which it is
responsible pursuant hereto, the Authority shall have the option to either keep in force
any such insurances, and pay such premia and recover the costs thereof from the
Contractor, or in the event of computation of a Termination Payment, treat an amount
equal to the Insurance Cover as deemed to have been received by the Contractor.

20.5 Waiver of subrogation

All insurance policies in respect of the insurance obtained by the Contractor pursuant
to this Article 20 shall include a waiver of any and all rights of subrogation or
recovery of the insurers thereunder against, inter alia, the Authority, and its assigns,
successors, undertakings and their subsidiaries, Affiliates, employees, insurers and
underwriters, and of any right of the insurers to any set-off or counterclaim or any
other deduction, whether by attachment or otherwise, in respect of any liability of any
such person insured under any such policy or in any way connected with any loss,
liability or obligation covered by such policies of insurance.

20.6 Contractor’s waiver

The Contractor hereby further releases, assigns and waives any and all rights of
subrogation or recovery against, inter alia, the Authority and its assigns, undertakings
and their subsidiaries, Affiliates, employees, successors, insurers and underwriters,
which the Contractor may otherwise have or acquire in or from or in any way
connected with any loss, liability or obligation covered by policies of insurance
maintained or required to be maintained by the Contractor pursuant to this Agreement
(other than third party liability insurance policies) or because of deductible clauses in
or inadequacy of limits of any such policies of insurance.

20.7 Cross liabilities

Any such insurance maintained or effected in pursuance of this Article 20 shall

include a cross liability clause such that the insurance shall apply to the Contractor
and to the Authority as separately insured.

20.8 Accident or injury to workmen

Notwithstanding anything stated in this Agreement, it is hereby expressly agreed

between the Parties that the Authority shall not be liable for or in respect of any
damages or compensation payable to any workman or other person in the employment
of the Contractor or Sub-contractor, save and except as for death or injury resulting
from any act, omission or default of the Authority, its agents or servants. The
Contractor shall indemnify and keep indemnified the Authority from and against all
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such claims, proceedings, damages, costs, charges, and expenses whatsoever in

respect of the above save and except for those acts, omissions or defaults for which
the Authority shall be liable.

20.9 Insurance against accident to workmen

The Contractor shall effect and maintain during the Agreement such insurances as
may be required to insure the Contractor’s personnel and any other persons employed
by it on the Project Highway from and against any liability incurred in pursuance of
this Article 20. Provided that for the purposes of this Clause 20.9, the Contractor’s
personnel/any person employed by the Contractor shall include the Sub-contractor
and its personnel. It is further provided that, in respect of any persons employed by
any Sub-contractor, the Contractor's obligations to insure as aforesaid under this
Clause 20.9 shall be discharged if the Sub-contractor shall have insured against any
liability in respect of such persons in such manner that the Authority is indemnified
under the policy. The Contractor shall require such Sub-contractor to produce before
the Authority, when required, such policy of insurance and the receipt for payment of
the current premium within 10 (ten) days of such demand being made by the
Authority.

20.10 Application of insurance proceeds

The proceeds from all insurance claims, except for life and injury, shall be applied for
any necessary repair, reconstruction, reinstatement, replacement, improvement,
delivery or installation of the Project Highway and the provisions of this Agreement
in respect of construction of works shall apply mutatis mutandis to the works
undertaken out of the proceeds of insurance.

20.11 Compliance with policy conditions

Each Party hereby expressly agrees to fully indemnify the other Party from and
against all losses and claims arising from its failure to comply with conditions
imposed by the insurance policies effected in accordance with this Agreement.
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ARTICLE 21
FORCE MAJEURE

21.1 Force Majeure

As used in this Agreement, the expression “Force Majeure” or “Force Majeure Event”
shall mean occurrence in India of any or all of Non-Political Event, Indirect Political
Event and Political Event, as defined in Clauses 21.2, 21.3 and 21.4 respectively, if it
affects the performance by the Party claiming the benefit of Force Majeure (the
“Affected Party”) of its obligations under this Agreement and which act or event (i) is
beyond the reasonable control of the Affected Party, and (ii) the Affected Party could
not have prevented or overcome by exercise of due diligence and following Good
Industry Practice, and (iii) has Material Adverse Effect on the Affected Party.

21.2 Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

(a) act of God, epidemic, extremely adverse weather conditions, lightning,

earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive
contamination or ionising radiation, fire or explosion (to the extent of
contamination or radiation or fire or explosion originating from a source external
to the Site);
(b) strikes or boycotts (other than those involving the Contractor, Sub-contractors or
their respective employees/representatives, or attributable to any act or omission
of any of them) interrupting supplies and services to the Project Highway for a
continuous period of 24 (twenty-four) hours and an aggregate period exceeding
10 (ten) days in an Accounting Year, and not being an Indirect Political Event set
forth in Clause 21.3;
(c) any failure or delay of a Sub-contractor but only to the extent caused by another
Non-Political Event;
(d) any judgment or order of any court of competent jurisdiction or statutory
authority made against the Contractor in any proceedings for reasons other than
(i) failure of the Contractor to comply with any Applicable Law or Applicable
Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit
or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any
of its rights under this Agreement by the Authority;
(e) the discovery of geological conditions, toxic contamination or archaeological
remains on the Site that could not reasonably have been expected to be discovered
through a site inspection; or
(f) any event or circumstances of a nature analogous to any of the foregoing.
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21.3 Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

(a) an act of war (whether declared or undeclared), invasion, armed conflict or act of
foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action,
civil commotion or politically motivated sabotage;
(b) industry-wide or State-wide strikes or industrial action for a continuous period of
24 (twenty-four) hours and exceeding an aggregate period of 10 (ten) days in an
Accounting Year;
(c) any civil commotion, boycott or political agitation which prevents construction of
the Project Highway by the Contractor for an aggregate period exceeding 10 (ten)
days in an Accounting Year;
(d) any failure or delay of a Sub-contractor to the extent caused by any Indirect
Political Event;
(e) any Indirect Political Event that causes a Non-Political Event; or
(f) any event or circumstances of a nature analogous to any of the foregoing.

21.4 Political Event

A Political Event shall mean one or more of the following acts or events by or on
account of any Government Instrumentality:

(a) Change in Law, only if consequences thereof cannot be dealt with under and in
accordance with the provisions of Clause 19.17;

(b) compulsory acquisition in national interest or expropriation of any Project Assets

or rights of the Contractor or of the Sub-Contractors;

(c) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew

or grant without valid cause, any clearance, licence, permit, authorisation, no
objection certificate, consent, approval or exemption required by the Contractor or
any of the Sub-contractors to perform their respective obligations under this
Agreement; provided that such delay, modification, denial, refusal or revocation
did not result from the Contractor’s or any Sub-contractor’s inability or failure to
comply with any condition relating to grant, maintenance or renewal of such
clearance, licence, authorisation, no objection certificate, exemption, consent,
approval or permit;

(d) any failure or delay of a Sub-contractor but only to the extent caused by another
Political Event; or

(e) any event or circumstances of a nature analogous to any of the foregoing.

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21.5 Duty to report Force Majeure Event

21.5.1 Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report
such occurrence to the other Party forthwith. Any notice pursuant hereto shall include
full particulars of:

(a) the nature and extent of each Force Majeure Event which is the subject of any
claim for relief under this Article 21 with evidence in support thereof;

(b) the estimated duration and the effect or probable effect which such Force Majeure
Event is having or will have on the Affected Party’s performance of its obligations
under this Agreement;

(c) the measures which the Affected Party is taking or proposes to take for alleviating
the impact of such Force Majeure Event; and

(d) any other information relevant to the Affected Party’s claim.

21.5.2 The Affected Party shall not be entitled to any relief for or in respect of a Force
Majeure Event unless it shall have notified the other Party of the occurrence of the
Force Majeure Event as soon as reasonably practicable, and in any event no later than
10 (ten) days after the Affected Party knew, or ought reasonably to have known, of its
occurrence, and shall have given particulars of the probable material effect that the
Force Majeure Event is likely to have on the performance of its obligations under this
Agreement.

21.5.3 For so long as the Affected Party continues to claim to be materially affected by such
Force Majeure Event, it shall provide the other Party with regular (and not less than
weekly) reports containing information as required by Clause 21.5.1, and such other
information as the other Party may reasonably request the Affected Party to provide.

21.6 Effect of Force Majeure Event on the Agreement

21.6.1 Upon the occurrence of any Force Majeure after the Appointed Date, the costs
incurred and attributable to such event and directly relating to this Agreement (the
“Force Majeure costs”) shall be allocated and paid as follows:

(a) upon occurrence of a Non-Political Event, the Parties shall bear their respective
Force Majeure costs and neither Party shall be required to pay to the other Party
any costs thereof;

(b) upon occurrence of an Indirect Political Event, all Force Majeure costs attributable
to such Indirect Political Event, and not exceeding the Insurance Cover for such
Indirect Political Event, shall be borne by the Contractor, and to the extent Force
Majeure costs exceed such Insurance Cover, one half of such excess amount shall
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be reimbursed by the Authority to the Contractor for the Force Majeure events;
and

(c) upon occurrence of a Political Event, all Force Majeure costs attributable to such
Political Event shall be reimbursed by the Authority to the Contractor.

For the avoidance of doubt, Force Majeure costs may include costs directly
attributable to the Force Majeure Event, but shall not include debt repayment
obligations, if any, of the Contractor.

21.6.2 Save and except as expressly provided in this Article 21, neither Party shall be liable
in any manner whatsoever to the other Party in respect of any loss, damage, cost,
expense, claims, demands and proceedings relating to or arising out of occurrence or
existence of any Force Majeure Event or exercise of any right pursuant hereto.

21.6.3 Upon the occurrence of any Force Majeure Event during the Construction Period, the
Project Completion Schedule for and in respect of the affected Works shall be
extended on a day for day basis for such period as performance of the Contractor’s
obligations is affected on account of the Force Majeure Event or its subsisting effects.

21.7 Termination Notice for Force Majeure Event

21.7.1 If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a
continuous period of 120 (one hundred and twenty) days, either Party may in its
discretion terminate this Agreement by issuing a Termination Notice to the other
Party without being liable in any manner whatsoever, save as provided in this Article
21, and upon issue of such Termination Notice, this Agreement shall, notwithstanding
anything to the contrary contained herein, stand terminated forthwith; provided that
before issuing such Termination Notice, the Party intending to issue the Termination
Notice shall inform the other Party of such intention and grant 15 (fifteen) days’ time
to make a representation, and may after the expiry of such 15 (fifteen) days period,
whether or not it is in receipt of such representation, in its sole discretion issue the
Termination Notice.

21.8 Termination Payment for Force Majeure Event

21.8.1 In the event of this Agreement being terminated on account of a Non-Political Event,
the Termination Payment shall be an amount equal to the sum payable under Clause
23.5.

Provided that in the event Termination occurs during the Maintenance Period, the
Authority’s Engineer shall only determine the value of Works associated with
Maintenance.
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21.8.2 If Termination is on account of an Indirect Political Event, the Termination Payment

shall include:

(a) any sums due and payable under Clause 23.5; and

(b) the reasonable cost, as determined by the Authority’s Engineer, of the Plant and
Materials procured by the Contractor and transferred to the Authority for use in
Construction or Maintenance, only if such Plant and Materials are in conformity
with the Specifications and Standards;

Provided that in the event Termination occurs during the Maintenance Period, the
Authority’s Engineer shall only determine the value of Works associated with
Maintenance.

21.8.3 If Termination is on account of a Political Event, the Authority shall make a

Termination Payment to the Contractor in an amount that would be payable under
Clause 23.6.2 as if it were an Authority Default.

21.9 Dispute resolution

In the event that the Parties are unable to agree in good faith about the occurrence or
existence of a Force Majeure Event, such Dispute shall be finally settled in
accordance with the Dispute Resolution Procedure; provided that the burden of proof
as to the occurrence or existence of such Force Majeure Event shall be upon the Party
claiming relief and/or excuse on account of such Force Majeure Event.

21.10 Excuse from performance of obligations

If the Affected Party is rendered wholly or partially unable to perform its obligations
under this Agreement because of a Force Majeure Event, it shall be excused from
performance of such of its obligations to the extent it is unable to perform on account
of such Force Majeure Event; provided that:

(a) the suspension of performance shall be of no greater scope and of no longer

duration than is reasonably required by the Force Majeure Event;

(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to
the other Party arising out of or as a result of the existence or occurrence of such
Force Majeure Event and to cure the same with due diligence; and

(c) when the Affected Party is able to resume performance of its obligations under
this Agreement, it shall give to the other Party notice to that effect and shall
promptly resume performance of its obligations hereunder.
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ARTICLE 22
SUSPENSION OF CONTRACTOR’S RIGHTS

22.1 Suspension upon Contractor Default

Upon occurrence of a Contractor Default, the Authority shall be entitled, without

prejudice to its other rights and remedies under this Agreement including its rights of
Termination hereunder, to (i) suspend carrying out of the Works or Maintenance or
any part thereof, and (ii) carry out such Works or Maintenance itself or authorise any
other person to exercise or perform the same on its behalf during such suspension (the
“Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice
by the Authority to the Contractor and may extend up to a period not exceeding 90
(ninety) days from the date of issue of such notice.

22.2 Authority to act on behalf of Contractor

During the period of Suspension hereunder, all rights and liabilities vested in the
Contractor in accordance with the provisions of this Agreement shall continue to vest
therein and all things done or actions taken, including expenditure incurred by the
Authority for discharging the obligations of the Contractor under and in accordance
with this Agreement shall be deemed to have been done or taken for and on behalf of
the Contractor and the Contractor undertakes to indemnify the Authority for all costs
incurred during such period. The Contractor hereby licences and sub-licences
respectively, the Authority or any other person authorised by it under Clause 22.1 to
use during Suspension, all Intellectual Property belonging to or licenced to the
Contractor with respect to the Project Highway and its design, engineering,
construction and maintenance, and which is used or created by the Contractor in
performing its obligations under the Agreement.

22.3 Revocation of Suspension

22.3.1 In the event that the Authority shall have rectified or removed the cause of Suspension
within a period not exceeding 60 (sixty) days from the date of Suspension, it shall
revoke the Suspension forthwith and restore all rights of the Contractor under this
Agreement. For the avoidance of doubt, the Parties expressly agree that the Authority
may, in its discretion, revoke the Suspension at any time, whether or not the cause of
Suspension has been rectified or removed hereunder.

22.3.2 Upon the Contractor having cured the Contractor Default within a period not
exceeding 60 (sixty) days from the date of Suspension, the Authority shall revoke the
Suspension forthwith and restore all rights of the Contractor under this Agreement.
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22.4 Termination

22.4.1 At any time during the period of Suspension under this Article 22, the Contractor may
by notice require the Authority to revoke the Suspension and issue a Termination
Notice. The Authority shall, within 15 (fifteen) days of receipt of such notice,
terminate this Agreement under and in accordance with Article 23.

22.4.2 Notwithstanding anything to the contrary contained in this Agreement, in the event
that Suspension is not revoked within 90 (ninety) days from the date of Suspension
hereunder, the Agreement shall, upon expiry of the aforesaid period, be deemed to
have been terminated by mutual agreement of the Parties and all the provisions of this
Agreement shall apply, mutatis mutandis, to such Termination as if a Termination
Notice had been issued by the Authority upon occurrence of a Contractor Default.
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ARTICLE 23
TERMINATION

23.1 Termination for Contractor Default

23.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults
specified below shall have occurred, and the Contractor fails to cure the default within
the Cure Period set forth below, or where no Cure Period is specified, then within a
Cure Period of 60 (sixty) days, the Contractor shall be deemed to be in default of this
Agreement (the “Contractor Default”), unless the default has occurred solely as a
result of any breach of this Agreement by the Authority or due to Force Majeure. The
defaults referred to herein shall include:

(a) the Contractor fails to provide, extendor replenish, as the case may be, the
Performance Security in accordance with this Agreement;

(b) subsequent to the replenishment or furnishing of fresh Performance Security in

accordance with Clause 7.3, the Contractor fails to cure, within a Cure Period of
30 (thirty) days, the Contractor Default for which the whole or part of the
Performance Security was appropriated;

(c) the Contractor does not achieve the latest outstanding Project Milestone due in
accordance with the provisions of Schedule-J, subject to any Time Extension,
and continues to be in default for 45 (forty five) days;

(d) the Contractor abandons or manifests intention to abandon the construction or

Maintenance of the Project Highway without the prior written consent of the
Authority;

(e) the Contractor fails to proceed with the Works in accordance with the provisions
of Clause 10.1 or stops Works and/or the Maintenance for 30 (thirty) days
without reflecting the same in the current programme and such stoppage has not
been authorised by the Authority’s Engineer;

(f) the Project Completion Date does not occur within the period specified in
Schedule-J for the Scheduled Completion Date, or any extension thereof;

(g) failure to complete the Punch List items within the periods stipulated therefor in
Clause 12.2.1;

(h) the Contractor fails to rectify any Defect, the non-rectification of which shall
have a Material Adverse Effect on the Project, within the time specified in this
Agreement or as directed by the Authority’s Engineer;
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(i) the Contractor subcontracts the Works or any part thereof in violation of this
Agreement or assigns any part of the Works or the Maintenance without the
prior approval of the Authority;

(j) the Contractor creates any Encumbrance in breach of this Agreement;

(k) an execution levied on any of the assets of the Contractor has caused a Material
Adverse Effect;

(l) the Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is

appointed for the Contractor or for the whole or material part of its assets that
has a material bearing on the Project;

(m) the Contractor has been, or is in the process of being liquidated, dissolved,
wound-up, amalgamated or reconstituted in a manner that would cause, in the
reasonable opinion of the Authority, a Material Adverse Effect;

(n) a resolution for winding up of the Contractor is passed, or any petition for
winding up of the Contractor is admitted by a court of competent jurisdiction
and a provisional liquidator or receiver is appointed and such order has not been
set aside within 90 (ninety) days of the date thereof or the Contractor is ordered
to be wound up by court except for the purpose of amalgamation or
reconstruction; provided that, as part of such amalgamation or reconstruction,
the entire property, assets and undertaking of the Contractor are transferred to
the amalgamated or reconstructed entity and that the amalgamated or
reconstructed entity has unconditionally assumed the obligations of the
Contractor under this Agreement; and provided that:

(i) the amalgamated or reconstructed entity has the capability and

experience necessary for the performance of its obligations under this
Agreement; and

(ii) the amalgamated or reconstructed entity has the financial standing to

perform its obligations under this Agreement and has a credit
worthiness at least as good as that of the Contractor as at the
Appointed Date;

(o) any representation or warranty of the Contractor herein contained which is, as of
the date hereof, found to be materially false or the Contractor is at any time
hereafter found to be in breach thereof;

(p) the Contractor submits to the Authority any statement, notice or other document,
in written or electronic form, which has a material effect on the Authority’s
rights, obligations or interests and which is false in material particulars;
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(q) the Contractor has failed to fulfil any obligation, for which failure Termination
has been specified in this Agreement; or

(r) the Contractor commits a default in complying with any other provision of this
Agreement if such a default causes a Material Adverse Effect on the Project or
on the Authority.

23.1.2 Without prejudice to any other rights or remedies which the Authority may have
under this Agreement, upon occurrence of a Contractor Default, the Authority shall be
entitled to terminate this Agreement by issuing a Termination Notice to the
Contractor; provided that before issuing the Termination Notice, the Authority shall
by a notice inform the Contractor of its intention to issue such Termination Notice and
grant 15 (fifteen) days to the Contractor to make a representation, and may after the
expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation,
issue the Termination Notice.

23.1.3 After termination of this Agreement for Contractor Default, the Authority may
complete the Works and/or arrange for any other entities to do so. The Authority and
these entities may then use any Materials, Plant and equipment, Contractor’s
documents and other design documents made by or on behalf of the Contractor.

23.2 Termination for Authority Default

23.2.1 In the event that any of the defaults specified below shall have occurred, and the
Authority fails to cure such default within a Cure Period of 90 (ninety) days or such
longer period as has been expressly provided in this Agreement, the Authority shall be
deemed to be in default of this Agreement (the “Authority Default”) unless the
default has occurred as a result of any breach of this Agreement by the Contractor or
due to Force Majeure. The defaults referred to herein shall include:

(a) the Authority commits a material default in complying with any of the
provisions of this Agreement and such default has a Material Adverse Effect
on the Contractor;

(b) the Authority has failed to make payment of any amount due and payable to
the Contractor within the period specified in this Agreement;

(c) the Authority has failed to provide, within a period of 180 (one hundred and
eighty) days from the Appointed Date, the environmental clearances required
for construction of the Project Highway;

(d) the Authority repudiates this Agreement or otherwise takes any action that
amounts to or manifests an irrevocable intention not to be bound by this
Agreement; or
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(e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate
within 60 (sixty) days after receiving a statement and supporting documents.

23.2.2 If the Authority determines, based on reasonable evidence, that the Contractor has
engaged in integrity violations, in competing for or in executing the Contract, then the
Authority may, after giving 14 days’ notice to the Contractor, terminate the Contract
and expel him from the Site, and the provisions of Article 23 shall apply as if such
termination had been made under Clause 23.1

Should any employee of the Contractor be determined, based on reasonable evidence,

to have engaged in integrity violations during the execution of the work then that
employee shall be removed from the site or works. If appropriate, the Contractor shall
then appoint (or cause to be appointed) a suitable replacement person.

23.2.3 Without prejudice to any other right or remedy which the Contractor may have under
this Agreement, upon occurrence of an Authority Default, the Contractor shall be
entitled to terminate this Agreement by issuing a Termination Notice to the Authority;
provided that before issuing the Termination Notice, the Contractor shall by a notice
inform the Authority of its intention to issue the Termination Notice and grant 15
(fifteen) days to the Authority to make a representation, and may after the expiry of
such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the
Termination Notice.

If on the consideration of the Authority’s representation or otherwise, the contractor

does not issue the Termination Notice on such 15th day and prefers to continue with
the project, it is deemed that the cause of action of the Termination Notice has been
condoned by the Contractor. Hence he forfeits his right to any other remedy on that
count.

23.3 Termination for Authority’s convenience

Notwithstanding anything stated hereinabove, the Authority may terminate this

Agreement for convenience. The termination shall take effect 30 (thirty) days from
the date of notice hereunder.

23.4 Requirements after Termination

Upon Termination of this Agreement in accordance with the terms of this Article 23,
the Contractor shall comply with and conform to the following:

(a) deliver to the Authority all Plant and Materials which shall have become the
property of the Authority under this Article 23;

(b) deliver all relevant records, reports, Intellectual Property and other licences
pertaining to the Works, Maintenance, other design documents and in case of
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Termination occurring after the Provisional Certificate has been issued, the “as
built’ Drawings for the Works;

(c) transfer and/or deliver all Applicable Permits to the extent permissible under
Applicable Laws; and

(d) vacate the Site within 15 (fifteen) days.

23.5 Valuation of Unpaid Works

23.5.1 Within a period of 45 (forty-five) days after Termination under Clause 23.1, 23.2 or
23.3, as the case may be, has taken effect, the Authority’s Engineer shall proceed in
accordance with Clause 18.5 to determine as follows the valuation of unpaid Works
(the “Valuation of Unpaid Works”):

(a) value of the completed stage of the Works, less payments already made;

(b) reasonable value of the partially completed stages of works as on the date of
Termination, only if such works conform with the Specifications and
Standards; and

(c) value of Maintenance, if any, for completed months, less payments already
made,

and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as
the case may be, in accordance with the provisions of this Agreement; and (ii) all
taxes due to be deducted at source.

23.5.2 The Valuation of Unpaid Works shall be communicated to the Authority, with a copy
to the Contractor, within a period of 30 (thirty) days from the date of Termination.

23.6 Termination Payment

23.6.1 Upon Termination on account of Contractor’s Default under Clause 23.1, the
Authority shall:

(a) encash and appropriate the Performance Security and Retention Money, or in
the event the Contractor has failed to replenish or extend the Performance
Security, claim the amount stipulated in Clause 7.1.1, as agreed pre-determined
compensation to the Authority for any losses, delays and cost of completing the
Works and Maintenance, if any;

(b) encash and appropriate the bank guarantee, if any, for and in respect of the
outstanding Advance Payment and interest thereon; and
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(c) pay to the Contractor, by way of Termination Payment, an amount equivalent

to the Valuation of Unpaid Works after adjusting any other sums payable or
recoverable, as the case may be, in accordance with the provisions of this
Agreement.

23.6.2 Upon Termination on account of an Authority Default under Clause 23.2 or for
Authority’s convenience under Clause 23.3, the Authority shall:

(a) return the Performance Security and Retention Money forthwith;

(b) encash and appropriate the bank guarantee, if any, for and in respect of the
outstanding Advance Payment; and

(c) pay to the Contractor, by way of Termination Payment, an amount equal to:

(i) Valuation of Unpaid Works;

(ii) the reasonable cost, as determined by the Authority’s Engineer, of the

Plant and Materials procured by the Contractor and transferred to the
Authority for its use, only if such Plant and Materials are in conformity
with the Specifications and Standards;

(iii) the reasonable cost of temporary works, as determined by the Authority’s

Engineer; and

(iv) 10% (ten per cent) of the cost of the Works and Maintenance that are not
commenced or not completed,

and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as
the case may be, in accordance with the provisions of this Agreement, and (ii) all
taxes due to be deducted at source.

23.6.3 Termination Payment shall become due and payable to the Contractor within 30
(thirty) days of a demand being made by the Contractor to the Authority with the
necessary particulars, and in the event of any delay, the Authority shall pay interest at
the Base Rate plus 3% (three percent), calculated at quarterly rests, on the amount of
Termination Payment remaining unpaid; provided that such delay shall not exceed 90
(ninety) days. For the avoidance of doubt, it is expressly agreed that Termination
Payment shall constitute full discharge by the Authority of its payment obligations in
respect thereof hereunder.

23.6.4 The Contractor expressly agrees that Termination Payment under this Article 23 shall
constitute a full and final settlement of all claims of the Contractor on account of
Termination of this Agreement and that it shall not have any further right or claim
under any law, treaty, convention, contract or otherwise.
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23.7 Other rights and obligations of the Parties

Upon Termination for any reason whatsoever

(a) property and ownership in all Materials, Plant and Works and the Project
Highway shall, as between the Contractor and the Authority, vest in the
Authority in whole; provided that the foregoing shall be without prejudice to
Clause 23.6

(b) risk of loss or damage to any Materials, Plant or Works and the care and
custody thereof shall pass from the Contractor to the Authority; and

(c) the Authority shall be entitled to restrain the Contractor and any person
claiming through or under the Agreement from entering upon the Site or any
part of the Project except for taking possession of materials, stores,
implements, construction plants and equipment of the Contractor, which have
not been vested in the Authority in accordance with the provisions of this
Agreement.

23.8 Survival of rights

Notwithstanding anything to the contrary contained in this Agreement any

Termination pursuant to the provisions of this Agreement shall be without prejudice
to the accrued rights of either Party including its right to claim and recover money
damages, insurance proceeds, security deposits, and other rights and remedies, which
it may have in law or Agreement. All rights and obligations of either Party under this
Agreement, including Termination Payments, shall survive the Termination to the
extent such survival is necessary for giving effect to such rights and obligations.

“Bank’s right to inspect the Contractor’s records and any of the documents relating to
the Contract will survive even after contract termination.”
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ARTICLE 24
ASSIGNMENT AND CHARGES

24.1 Restrictions on assignment and charges

This Agreement shall not be assigned by the Contractor to any person, save and
except with the prior consent in writing of the Authority, which consent the Authority
shall be entitled to decline without assigning any reason.

24.2 Hypothecation of Materials or Plant

Notwithstanding the provisions of Clause 24.1, the Contractor may pledge or

hypothecate to its lenders, any Materials or Plant prior to their incorporation in the
Works. Further, the Contractor may, by written notice to the Authority, assign its right
to receive payments under this Agreement either absolutely or by way of charge, to
any person providing financing to the Contractor in connection with the performance
of the Contractor’s obligations under this Agreement. The Contractor acknowledges
that any such assignment by the Contractor shall not relieve the Contractor from any
obligations, duty or responsibility under this Agreement.
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ARTICLE 25
LIABILITY AND INDEMNITY

25.1 General indemnity

25.1.1 The Contractor will indemnify, defend, save and hold harmless the Authority and its
officers, servants, agents, Government Instrumentalities and Government owned
and/or controlled entities/enterprises, (the “Authority Indemnified Persons”) against
any and all suits, proceedings, actions, demands and third party claims for any loss,
damage, cost and expense of whatever kind and nature, whether arising out of any
breach by the Contractor of any of its obligations under this Agreement or from any
negligence under the Agreement, including any errors or deficiencies in the design
documents, or tort or on any other ground whatsoever, except to the extent that any
such suits, proceedings, actions, demands and claims have arisen due to any negligent
act or omission, or breach or default of this Agreement on the part of the Authority
Indemnified Persons.

25.2 Indemnity by the Contractor

25.2.1 Without limiting the generality of Clause 25.1, the Contractor shall fully indemnify,
hold harmless and defend the Authority and the Authority Indemnified Persons from
and against any and all loss and/or damages arising out of or with respect to:

(a) failure of the Contractor to comply with Applicable Laws and Applicable Permits;

(b) payment of taxes required to be made by the Contractor in respect of the income
or other taxes of the Sub-contractors, suppliers and representatives; or

(c) non-payment of amounts due as a result of Materials or services furnished to the

Contractor or any of its Sub-contractors which are payable by the Contractor or
any of its Sub-contractors.

25.2.2 Without limiting the generality of the provisions of this Article 25, the Contractor shall
fully indemnify, hold harmless and defend the Authority Indemnified Persons from
and against any and all suits, proceedings, actions, claims, demands, liabilities and
damages which the Authority Indemnified Persons may hereafter suffer, or pay by
reason of any demands, claims, suits or proceedings arising out of claims of
infringement of any domestic or foreign patent rights, copyrights or other intellectual
property, proprietary or confidentiality rights with respect to any materials,
information, design or process used by the Contractor or by the Sub-contractors in
performing the Contractor’s obligations or in any way incorporated in or related to the
Project. If in any such suit, action, claim or proceedings, a temporary restraint order or
preliminary injunction is granted, the Contractor shall make every reasonable effort,
by giving a satisfactory bond or otherwise, to secure the revocation or suspension of
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the injunction or restraint order. If, in any such suit, action, claim or proceedings, the
Project Highway, or any part thereof or comprised therein, is held to constitute an
infringement and its use is permanently enjoined, the Contractor shall promptly make
every reasonable effort to secure for the Authority a licence, at no cost to the
Authority, authorising continued use of the infringing work. If the Contractor is
unable to secure such licence within a reasonable time, the Contractor shall, at its own
expense, and without impairing the Specifications and Standards, either replace the
affected work, or part, or process thereof with non-infringing work or part or process,
or modify the same so that it becomes non-infringing.

25.3 Notice and contest of claims

In the event that either Party receives a claim or demand from a third party in respect
of which it is entitled to the benefit of an indemnity under this Article 25 (the
“Indemnified Party”) it shall notify the other Party (the “Indemnifying Party”)
within 15 (fifteen) days of receipt of the claim or demand and shall not settle or pay the
claim without the prior approval of the Indemnifying Party, which approval shall not
be unreasonably withheld or delayed. In the event that the Indemnifying Party wishes
to contest or dispute the claim or demand, it may conduct the proceedings in the name
of the Indemnified Party, subject to the Indemnified Party being secured against any
costs involved, to its reasonable satisfaction.

25.4 Defense of claims

25.4.1 The Indemnified Party shall have the right, but not the obligation, to contest, defend
and litigate any claim, action, suit or proceeding by any third party alleged or asserted
against such Party in respect of, resulting from, related to or arising out of any matter
for which it is entitled to be indemnified hereunder, and reasonable costs and expenses
thereof shall be indemnified by the Indemnifying Party. If the Indemnifying Party
acknowledges in writing its obligation to indemnify the Indemnified Party in respect
of loss to the full extent provided by this Article 25, the Indemnifying Party shall be
entitled, at its option, to assume and control the defence of such claim, action, suit or
proceeding, liabilities, payments and obligations at its expense and through the
counsel of its choice; provided it gives prompt notice of its intention to do so to the
Indemnified Party and reimburses the Indemnified Party for the reasonable cost and
expenses incurred by the Indemnified Party prior to the assumption by the
Indemnifying Party of such defence. The Indemnifying Party shall not be entitled to
settle or compromise any claim, demand, action, suit or proceeding without the prior
written consent of the Indemnified Party, unless the Indemnifying Party provides such
security to the Indemnified Party as shall be reasonably required by the Indemnified
Party to secure the loss to be indemnified hereunder to the extent so compromised or
settled.
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25.4.2 If the Indemnifying Party has exercised its rights under Clause 25.3, the Indemnified
Party shall not be entitled to settle or compromise any claim, action, suit or
proceeding without the prior written consent of the Indemnifying Party (which
consent shall not be unreasonably withheld or delayed).

25.4.3 If the Indemnifying Party exercises its rights under Clause 25.3, the Indemnified Party
shall nevertheless have the right to employ its own counsel, and such counsel may
participate in such action, but the fees and expenses of such counsel shall be at the
expense of the Indemnified Party, when and as incurred, unless:

(a) the employment of counsel by such party has been authorised in writing by the
Indemnifying Party; or
(b) the Indemnified Party shall have reasonably concluded that there may be a
conflict of interest between the Indemnifying Party and the Indemnified Party in
the conduct of the defence of such action; or
(c) the Indemnifying Party shall not, in fact, have employed independent counsel
reasonably satisfactory to the Indemnified Party, to assume the defence of such
action and shall have been so notified by the Indemnified Party; or
(d) the Indemnified Party shall have reasonably concluded and specifically notified
the Indemnifying Party either:

(i) that there may be specific defenses available to it which are different from
or additional to those available to the Indemnifying Party; or
(ii) that such claim, action, suit or proceeding involves or could have a
material adverse effect upon it beyond the scope of this Agreement:

Provided that if Sub-clauses (b), (c) or (d) of this Clause 25.4.3 shall be applicable,
the counsel for the Indemnified Party shall have the right to direct the defence of such
claim, demand, action, suit or proceeding on behalf of the Indemnified Party, and the
reasonable fees and disbursements of such counsel shall constitute legal or other
expenses hereunder.

25.5 No consequential claims

Notwithstanding anything to the contrary contained in this Article 25, the indemnities
herein provided shall not include any claim or recovery in respect of any cost,
expense, loss or damage of an indirect, incidental or consequential nature, including
loss of profit, except as expressly provided in this Agreement.

25.6 Survival on Termination

The provisions of this Article 25 shall survive Termination.

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ARTICLE 26
DISPUTE RESOLUTION

26.1 Dispute Resolution

26.1.1 Any dispute, difference or controversy of whatever nature howsoever arising under or
out of or in relation to this Agreement (including its interpretation) between the
Parties, and so notified in writing by either Party to the other Party (the “Dispute”)
shall, in the first instance, be attempted to be resolved amicably in accordance with
the conciliation procedure set forth in Clause 26.2.

26.1.2 The Parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.

26.2 Conciliation

Deleted

26.2.1 Contractor’s claims

If the Contractor considers himself to be entitled to any extension of the Time for
Completion and/or any additional payment, under any Clause of this Agreement, the
Contractor shall give notice to the Authority’s Engineer, describing the event or
circumstance giving rise to the claim. The notice shall be given as soon as practicable,
and not later than 28 days after the Contractor became aware, or should have become
aware, of the event or circumstance. If the Contractor fails to give notice of a claim
within such period of 28 days, the Time for Completion shall not be extended, the
Contractor shall not be entitled to additional payment, and the Authority shall be
discharged from all liability in connection with the claim. Otherwise, the following
provisions of this Clause shall apply. The Contractor shall also submit any other
notices which are required by the Contract, and supporting particulars for the claim,
all as relevant to such event or circumstance. The Contractor shall keep such
contemporary records as may be necessary to substantiate any claim, either on the Site
or at another location acceptable to the Authority’s Engineer. Without admitting the
Authority’s liability, the Authority’s Engineer may, after receiving any notice under
this Clause, monitor the record-keeping and/or Instruct the Contractor to keep further
contemporary records. The Contractor shall permit the Authority’s Engineer to
inspect all these records, and shall (if instructed) submit copies to the Authority’s
Engineer. Within 42 days after the Contractor became aware (or should have become
aware) of the event or circumstance giving rise to the claim, or within such other
period as may be proposed by the Contractor and approved by the Authority’s
Engineer, the Contractor shall send to the Authority’s Engineer a fully detailed claim
which includes full supporting particulars of the basis of the claim and of the
 117

extension of time and/or additional payment claimed. If the event or circumstance

giving rise to the claim has a continuing effect:

(a) this fully detailed claim shall be considered as interim;

(b) the Contractor shall send further interim claims at monthly intervals, giving
the accumulated delay and/or amount claimed, and such further particulars as
the Authority’s Engineer may reasonably require; and
(c) the Contractor shall send a final claim within 28 days after the end of the
effects resulting from the event or circumstance, or within such other period as
may be proposed by the Contractor and approved by the Authority’s Engineer.
Within 42 days after receiving a claim or any further particulars supporting a
previous claim, or within such other period as may be proposed by the
Authority’s Engineer and approved by the Contractor, the Authority’s
Engineer shall respond with approval, or with disapproval and detailed
comments. He may also request any necessary further particulars, but shall
nevertheless give his response on the principles of the claim within the above
defined time period. Within the above defined period of 42 days, the
Authority’s Engineer shall to agree or determine

i. the extension (if any) of the Time for Completion (before or after its
expiry), and/or

ii. the additional payment (if any) to which the Contractor is entitled under
the Contract. Each Payment Certificate shall include such additional
payment for any claim as has been reasonably substantiated as due under
the relevant provision of the Contract. Unless and until the particulars
supplied are sufficient to substantiate the whole of the claim, the
Contractor shall only be entitled to payment for such part of the claim as
he has been able to substantiate. If the Authority’s Engineer does not
respond within the timeframe defined in this Clause, either Party may
consider that the claim is rejected by the Authority’s Engineer and any of
the Parties may refer to the Dispute Board in accordance with Clause
26.2.2. The requirements of this Clause are in addition to those of any
other Clause which may apply to a claim. If the Contractor fails to comply
with this or another Sub-Clause in relation to any claim, any extension of
time and/or additional payment shall take account of the extent (if any) to
which the failure has prevented or prejudiced proper investigation of the
claim, unless the claim is excluded for reasons under this Clause.

26.2.2 Appointment of the Dispute Resolution Board (DB)

Disputes shall be referred to a DB for decision in accordance with this Clause. The
Parties shall appoint a DB within 3 months of signing of Agreement. The DB shall
comprise of three suitably qualified persons (―the members), each of whom shall be
a professional experienced in the type of construction involved in the Works and with
 118

the interpretation of contractual documents. The DB is to comprise of three persons,

each Party shall nominate one member for the approval of the other Party. The first
two members shall recommend and the Parties shall agree upon the third member,
who shall act as chairman. The terms of the remuneration of each of the three
members, including the remuneration of any expert whom the DB consults, shall be
mutually agreed upon by the Parties. Each Party shall be responsible for paying one-
half of this remuneration. If at any time the Parties so agree, they may jointly refer a
matter to the DB for it to give its opinion. Neither Party shall consult the DB on any
matter without the agreement of the other Party. If a member declines to act or is
unable to act as a result of death, disability, resignation or termination of appointment,
a replacement shall be appointed in the same manner as the replaced person was
required to have been nominated or agreed upon, as described in this Clause. The
appointment of any member may be terminated by mutual agreement of both Parties,
but not by the Authority or the Contractor acting alone. Unless otherwise agreed by
both Parties, the appointment of the DB (including each member) shall expire when
the Performance Certificate is issued by the Authority.

The payment of the members of DB shall be made as per the Policy Guidelines
(2.1.22/2017) of National Highways Authority of India, No: 11041/11/2016-HR-1
dated: 01.06.2017 (Annexure-3).

26.2.3 Obtaining Dispute Board’s Decision

If a dispute (of any kind whatsoever) arises between the Parties in connection with, or
arising out of, the Contract or the execution of the Works, including any dispute as to
any certificate, determination, instruction, opinion or valuation of the Authority’s
Engineer, either Party may refer the dispute in writing to the DB for its decision, with
copies to the other Party and the Authority’s Engineer. Such reference shall state that
it is given under this Clause. The DB shall be deemed to have received such reference
on the date when it is received by the chairman of the DB. Both Parties shall promptly
make available to the DB all such additional information, further access to the Site,
and appropriate facilities, as the DB may require for the purposes of making a
decision on such dispute. The DB shall be deemed to be not acting as arbitrator(s).
Within 84 days after receiving such reference, or within such other period as may be
proposed by the DB and approved by both Parties, the DB shall give its decision,
which shall be reasoned and shall state that it is given under this Sub-Clause. The
decision shall be binding on both Parties, who shall promptly give effect to it unless
and until it shall be revised in an amicable settlement or an arbitral award as described
below. Unless the Contract has already been abandoned, repudiated or terminated, the
Contractor shall continue to proceed with the Works in accordance with the Contract.
If either Party is dissatisfied with the DB’s decision, then either Party may, within 28
days after receiving the decision, give a Notice of Dissatisfaction to the other Party
indicating its dissatisfaction and intention to commence arbitration. If the DB fails to
give its decision within the period of 84 days (or as otherwise approved) after
receiving such reference, then either Party may, within 28 days after this period has
 119

expired, give a Notice of Dissatisfaction to the other Party. In either event, this Notice
of Dissatisfaction shall state that it is given under this Clause, and shall set out the
matter in dispute and the reason(s) for dissatisfaction. Neither Party shall be entitled
to commence arbitration of a dispute unless a Notice of Dissatisfaction has been given
in accordance with this Clause. If the DB has given its decision as to a matter in
dispute to both Parties, and no Notice of Dissatisfaction has been given by either
Party within 28 days after it received the DB’s decision, then the decision shall
become final and binding upon both Parties.

26.3 Arbitration

26.3.1 Any Dispute which is not resolved amicably by through Dispute Resolution Board, as
provided in Clause 26.2, shall be finally decided by reference to arbitration by a Board
of Arbitrators appointed in accordance with Clause 26.3.2. Such arbitration shall be
held in accordance with the Arbitration Rules of the Construction Industry Arbitration
Council 2013 (hereinafter called CIAC-Arbitration Rules, 2013) or such other rules as
may be mutually agreed by the Parties, and shall be subject to the provisions of the
Arbitration Act. Provided, however, arbitration shall be held in accordance with
UNCITRAL Rules in case Contractor is registered outside India. The venue of such
arbitration shall be Chennai if the Contractor is registered in India and a neutral venue
for the Contractor incorporated or constituted outside India will be determined in
consideration of nationality of the Tenderer by the Authority. The language of
arbitration proceedings shall be English.

26.3.2 There shall be a Board of three arbitrators, of whom each Party shall select one, and
the third arbitrator shall be appointed by the two arbitrators so selected and in the
event of disagreement between the two arbitrators, the appointment shall be made in
accordance with the Rules.

26.3.3 The arbitrators shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Article 26 shall be final and binding on the Parties as
from the date it is made, and the Contractor and the Authority agree and undertake to
carry out such Award without delay.

26.3.4 The Contractor and the Authority agree that an Award may be enforced against the
Contractor and/or the Authority, as the case may be, and their respective assets
wherever situated.

26.3.5 This Agreement and the rights and obligations of the Parties shall remain in full force
and effect, pending the Award in any arbitration proceedings hereunder.
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ARTICLE 27
MISCELLANEOUS

27.1 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and governed
by the laws of India. Subject to provisions of Article 26 regarding conciliation and
arbitration, and the international conventions and laws governing such procedures, the
courts in Chennai shall have exclusive jurisdiction over the proceedings with respect
to the enforcement of any arbitral award arising out of or relating to this Agreement.

27.2 Waiver of immunity

Each Party unconditionally and irrevocably:

(a) agrees that the execution, delivery and performance by it of this Agreement
constitute commercial acts done and performed for commercial purpose;
(b) agrees that, should any proceedings be brought against it or its assets, property
or revenues in any jurisdiction in relation to this Agreement or any transaction
contemplated by this Agreement, no immunity (whether by reason of
sovereignty or otherwise) from such proceedings shall be claimed by or on
behalf of the Party with respect to its assets;
(c) waives any right of immunity which it or its assets, property or revenues now
has, may acquire in the future or which may be attributed to it in any
jurisdiction; and
(d) consents generally in respect of the enforcement of any judgement or award
against it in any such proceedings to the giving of any relief or the issue of any
process in any jurisdiction in connection with such proceedings (including the
making, enforcement or execution against it or in respect of any assets,
property or revenues whatsoever irrespective of their use or intended use of
any order or judgement that may be made or given in connection therewith).

27.3 Delayed payments

The Parties hereto agree that payments due from one Party to the other Party under
the provisions of this Agreement shall be made within the period set forth therein, and
if no such period is specified, within 30 (thirty) days of receiving a demand along
with the necessary particulars. In the event of delay beyond such period, the
defaulting Party shall pay interest for the period of delay calculated at a rate equal to
Base Rate plus 2 (two) percent, calculated at quarterly rests, and recovery thereof
shall be without prejudice to the rights of the Parties under this Agreement including
Termination thereof.
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27.4 Waiver

27.4.1 Waiver, including partial or conditional waiver, by either Party of any default by the
other Party in the observance and performance of any provision of or obligations
under this Agreement:-

(a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this Agreement;

(b) shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and

(c) shall not affect the validity or enforceability of this Agreement in any manner.

27.4.2 Neither the failure by either Party to insist on any occasion upon the performance of
the terms, conditions and provisions of this Agreement or any obligation thereunder
nor time or other indulgence granted by a Party to the other Party shall be treated or
deemed as waiver of such breach or acceptance of any variation or the relinquishment
of any such right hereunder.

27.5 Liability for review of Documents and Drawings

Except to the extent expressly provided in this Agreement:

(a) no review, comment or approval by the Authority or the Authority’s Engineer

of any Document or Drawing submitted by the Contractor nor any observation
or inspection of the construction, or maintenance of the Project Highway nor
the failure to review, approve, comment, observe or inspect hereunder shall
relieve or absolve the Contractor from its obligations, duties and liabilities
under this Agreement, the Applicable Laws and Applicable Permits; and

(b) the Authority shall not be liable to the Contractor by reason of any review,
comment, approval, observation or inspection referred to in Sub-clause (a)
above.

27.6 Exclusion of implied warranties etc.

This Agreement expressly excludes any warranty, condition or other undertaking

implied at law or by custom or otherwise arising out of any other agreement between
the Parties or any representation by either Party not contained in a binding legal
agreement executed by both Parties.
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27.7 Survival

27.7.1 Termination shall:

(a) not relieve the Contractor or the Authority, as the case may be, of any
obligations hereunder which expressly or by implication survive Termination
hereof; and

(b) except as otherwise provided in any provision of this Agreement expressly

limiting the liability of either Party, not relieve either Party of any obligations
or liabilities for loss or damage to the other Party arising out of, or caused by,
acts or omissions of such Party prior to the effectiveness of such Termination
or arising out of such Termination.

27.7.2 All obligations surviving Termination shall only survive for a period of 3 (three) years
following the date of such Termination subject to survival of obligations under
clauses 23.8, 25.6, 27.7.1 and 27.16.

27.8 Entire Agreement

This Agreement and the Schedules together constitute a complete and exclusive
statement of the terms of the agreement between the Parties on the subject hereof, and
no amendment or modification hereto shall be valid and effective unless such
modification or amendment is agreed to in writing by the Parties and duly executed by
persons especially empowered in this behalf by the respective Parties. All prior
written or oral understandings, offers or other communications of every kind
pertaining to this Agreement are abrogated and withdrawn. For the avoidance of
doubt, the Parties hereto agree that any obligations of the Contractor arising from the
Request for Qualification or Request for Proposals, as the case may be, shall be
deemed to form part of this Agreement and treated as such.

27.9 Severability

If for any reason whatever, any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties will negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as
nearly as is practicable to such invalid, illegal or unenforceable provision. Failure to
agree upon any such provisions shall not be subject to the Dispute Resolution
Procedure set forth under this Agreement or otherwise.
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27.10 No partnership

This Agreement shall not be interpreted or construed to create an association, joint

venture or partnership between the Parties, or to impose any partnership obligation or
liability upon either Party, and neither Party shall have any right, power or authority
to enter into any agreement or undertaking for, or act on behalf of, or to act as or be
an agent or representative of, or to otherwise bind, the other Party.

27.11 Third parties

This Agreement is intended solely for the benefit of the Parties, and their respective
successors and permitted assigns, and nothing in this Agreement shall be construed to
create any duty to, standard of care with reference to, or any liability to, any person
not a Party to this Agreement.

27.12 Successors and assigns

This Agreement shall be binding upon, and inure to the benefit of the Parties and their
respective successors and permitted assigns.

27.13 Notices

Any notice or other communication to be given by any Party to the other Party under
or in connection with the matters contemplated by this Agreement shall be in writing
and shall:

(a) in the case of the Contractor, be given by facsimile or e-mail and by letter
delivered by hand to the address given and marked for attention of the person
set out below or to such other person as the Contractor may from time to time
designate by notice to the Authority; provided that notices or other
communications to be given to an address outside [Chennai] may, if they are
subsequently confirmed by sending a copy thereof by registered
acknowledgement due, air mail or by courier, be sent by facsimile or e-mail to
the person as the Contractor may from time to time designate by notice to the
Authority;[***]
(b) in the case of the Authority, be given by facsimile or e-mail and by letter
delivered by hand and be addressed to the [Project Director] of the Authority
with a copy delivered to the Authority Representative or such other person as
the Authority may from time to time designate by notice to the Contractor;
provided that if the Contractor does not have an office in [Chennai] it may
send such notice by facsimile or e-mail and by registered acknowledgement
due, air mail or by courier; and
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(c) any notice or communication by a Party to the other Party, given in

accordance herewith, shall be deemed to have been delivered when in the
normal course of post it ought to have been delivered and in all other cases, it
shall be deemed to have been delivered on the actual date and time of delivery;
provided that in the case of facsimile or e-mail, it shall be deemed to have
been delivered on the working day following the date of its delivery.

27.14 Language

All notices required to be given by one Party to the other Party and all other
communications, Documentation and proceedings which are in any way relevant to
this Agreement shall be in writing and in English language.

27.15 Counterparts

This Agreement may be executed in two counterparts, each of which, when executed
and delivered, shall constitute an original of this Agreement.

27.16 Confidentiality

The Parties shall treat the details of this Agreement as private and confidential, except
to the extent necessary to carry out obligations under it or to comply with Applicable
Laws. The Contractor shall not publish, permit to be published, or disclose any
particulars of the Works in any trade or technical paper or elsewhere without the
previous agreement of the Authority.

27.17 Copyright and Intellectual Property rights

27.17.1 As between the Parties, the Contractor shall retain the copyright and other intellectual
property rights in the Contractor's Documents and other design documents made by
(or on behalf of) the Contractor. The Contractor shall be deemed (by signing this
Agreement) to give to the Authority a non-terminable transferable non-exclusive
royalty-free licence to copy, use and communicate the Contractor's Documents,
including making and using modifications of them. This licence shall:

(a) apply throughout the actual or intended working life (whichever is longer)
ofthe relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the Works to
copy, use and communicate the Contractor's Documents for the purposes of
completing, operating, maintaining, altering, adjusting, repairing and
demolishing the Works, and
(c) in the case of Contractor's Documents which are in the form of computer
programs and other software, permit their use on any computer on the Site and
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other places as envisaged by this Agreement, including replacements of any

computers supplied by the Contractor:

27.17.2 The Contractor's Documents and other design documents made by (or on behalf of)
the Contractor shall not, without the Contractor's consent, be used, copied or
communicated to a third party by (or on behalf of) the Authority for purposes other
than those permitted under this Clause 27.17.

27.17.3 As between the Parties, the Authority shall retain the copyright and other intellectual
property rights in this Agreement and other documents made by (or on behalf of) the
Authority. The Contractor may, at its cost, copy, use, and obtain communication of
these documents for the purposes of this Agreement. They shall not, without the
Authority's consent, be copied, used or communicated to a third party by the
Contractor, except as necessary for the purposes of the contract.

27.18 Limitation of Liability

27.18.1Neither Party shall be liable to the other Party for loss of use of any Works, loss of
profit, loss of any contract or for any indirect or consequential loss or damage which
may be suffered by the other Party in connection with this Agreement, save and
except as provided under Articles 23 and 25.

27.18.2 The total liability of one Party to the other Party under and in accordance with the
provisions of this Agreement, save and except as provided in Articles 23 and 25, shall
not exceed the Contract Price. For the avoidance of doubt, this Clause shall not limit
the liability in any case of fraud, deliberate default or reckless misconduct by the
defaulting Party.
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ARTICLE 28
DEFINITIONS

28.1 Definitions

In this Agreement, the following words and expressions shall, unless repugnant to the
context or meaning thereof, have the meaning hereinafter respectively assigned to them:

“Bank” means Asian Infrastructure Investment Bank and OPEC Fund for International
Development Bank

“Accounting Year” means the financial year commencing from the first day of April of
any calendar year and ending on the thirty-first day of March of the next calendar year;

“Advance Payment” shall have the meaning set forth in Clause 19.2;

“Affected Party” shall have the meaning set forth in Clause 21.1;

“Affiliate” means, in relation to either Party {and/or Members}, a person who controls,
is controlled by, or is under the common control with such Party {or Member} (as used
in this definition, the expression “control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more than 50% (fifty
per cent) of the voting shares of such person, and with respect to a person which is not a
company or corporation, the power to direct the management and policies of such
person, whether by operation of law or by contract or otherwise);

“Agreement” means this Agreement, its Recitals, the Schedules hereto and any
amendments thereto made in accordance with the provisions contained in this
Agreement;

“Applicable Laws” means all laws, brought into force and effect by GOI or the State
Government including rules, regulations and notifications made thereunder, and
judgements, decrees, injunctions, writs and orders of any court of record, applicable to
this Agreement and the exercise, performance and discharge of the respective rights and
obligations of the Parties hereunder, as may be in force and effect during the subsistence
of this Agreement;

“Applicable Permits” means all clearances, licences, permits, authorisations, no

objection certificates, consents, approvals and exemptions required to be obtained or
maintained under Applicable Laws in connection with the construction, operation and
maintenance of the Project Highway during the subsistence of this Agreement;

“Appointed Date” means that date which is later of the 15th day of the date of this
Agreement, the date on which the Contractor has delivered the Performance Security in
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accordance with the provisions of Article 7 and the date on which the Authority has
provided in stretches the Right of Way on first Section as per Schedule A;

“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall include
modifications to or any re-enactment thereof, as in force from time to time;

“Authority” shall have the meaning attributed thereto in the array of Parties hereinabove
as set forth in the Recitals;

“Authority Default” shall have the meaning set forth in Clause 23.2;

“Authority’s Engineer” shall have the meaning set forth in Clause 18.1;

“Authority Representative” means such person or persons as may be authorised in

writing by the Authority to act on its behalf under this Agreement and shall include any
person or persons having authority to exercise any rights or perform and fulfil any
obligations of the Authority under this Agreement;

“Bank” means a bank incorporated in India and having a minimum net worth of
Rs.1,000 crore (Rupees one thousand crore) or any other bank acceptable to the
Authority;

“Base Rate” means the floor rate of interest announced by the State Bank of India for all
its lending operations;

“Base Date” means the last date of that calendar month, which date precedes the Tender
Due Date by at least 28 (twenty eight) days;

“Change in Law” means the occurrence of any of the following after the Base Date:

(a) the enactment of any new Indian law;

(b) the repeal, modification or re-enactment of any existing Indian law;
(c) the commencement of any Indian law which has not entered into effect until the
Base Date;
(d) a change in the interpretation or application of any Indian law by a judgement of a
court of record which has become final, conclusive and binding, as compared to
such interpretation or application by a court of record prior to the Base Date.

“Change of Scope” shall have the meaning set forth in Article 13;

“Change of Scope Notice” shall have the meaning set forth in Clause 13.2.1;

“Change of Scope Order” shall have the meaning set forth in Clause 13.2.4;

“Completion Certificate” shall have the meaning set forth in Clause 12.4;
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{“Consortium” means the consortium of entities which have formed a joint venture for
implementation of this Project;}2

“Construction” shall have the meaning set forth in Clause 1.2.1 (f);

“Construction Period” means the period commencing from the Appointed Date and
ending on the date of the Completion Certificate;

“Contract Price” means the amount specified in Clause 19.1.1;

“Contractor” shall have the meaning attributed thereto in the array of Parties
hereinabove as set forth in the Recitals;

“Contractor Default” shall have the meaning set forth in Clause 23.1;

“Cure Period” means the period specified in this Agreement for curing any breach or
default of any provision of this Agreement by the Party responsible for such breach or
default and shall:

(a) commence from the date on which a notice is delivered by one Party to the other
Party asking the latter to cure the breach or default specified in such notice;
(b) not relieve any Party from liability to pay Damages or compensation under the
provisions of this Agreement; and
(c) not in any way be extended by any period of Suspension under this Agreement;
provided that if the cure of any breach by the Contractor requires any reasonable
action by the Contractor that must be approved by the Authority or the
Authority’s Engineer hereunder, the applicable Cure Period shall be extended by
the period taken by the Authority or the Authority’s Engineer to accord their
approval;

“Damages” shall have the meaning set forth in paragraph (w) of Clause 1.2.1;

“Defect” means any defect or deficiency in Construction of the Works or any part
thereof, which does not conform with the Specifications and Standards, and in the case
of Maintenance, means any defect or deficiency which is specified in Schedule-E;

“Defects Liability Period” shall have the meaning set forth in Clause 17.1;

“Dispute” shall have the meaning set forth in Clause 26.1.1;

“Dispute Resolution Procedure” means the procedure for resolution of Disputes set
forth in Article 26;

2
This definition may be omitted if the Contractor is not a Consortium
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“Drawings” means all of the drawings, calculations and documents pertaining to the
Project Highway as set forth in Schedule-I, and shall include ‘as built’ drawings of the
Project Highway;

“Document” or “Documentation” means documentation in printed or written form, or in

tapes, discs, drawings, computer programmes, writings, reports, photographs, films,
cassettes, or expressed in any other written, electronic, audio or visual form;

“Emergency” means a condition or situation that is likely to endanger the safety or

security of the individuals on or about the Project Highway, including Users thereof, or
which poses an immediate threat of material damage to any of the Project Assets;

“Encumbrances” means, in relation to the Project Highway, any encumbrances such as

mortgage, charge, pledge, lien, hypothecation, security interest, assignment, privilege or
priority of any kind having the effect of security or other such obligations, and shall
include any designation of loss payees or beneficiaries or any similar arrangement under
any insurance policy pertaining to the Project Highway, where applicable herein but
excluding utilities referred to in Clause 9.1;

“EPC” means Engineering, Procurement and Construction;

“Final Payment Certificate” shall have the meaning set forth in Clause 19.15.1;

“Final Payment Statement” shall have the meaning set forth in Clause 19.13.1;

“Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it in
Clause 21.1;

“GAD” or “General Arrangement Drawings” shall have the meaning set forth in
Clause 4.1.3 (b);

“GOI” or “Government” means the Government of India;

“Good Industry Practice” means the practices, methods, techniques, designs, standards,
skills, diligence, efficiency, reliability and prudence which are generally and reasonably
expected from a reasonably skilled and experienced contractor engaged in the same type
of undertaking as envisaged under this Agreement and which would be expected to result
in the performance of its obligations by the Contractor in accordance with this
Agreement, Applicable Laws and Applicable Permits in reliable, safe, economical and
efficient manner;

“Government Instrumentality” means any department, division or sub-division of the

Government or the State Government and includes any commission, board, authority,
agency or municipal and other local authority or statutory body including panchayat
under the control of the Government or the State Government, as the case may be, and
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having jurisdiction over all or any part of the Project Highway or the performance of all
or any of the services or obligations of the Contractor under or pursuant to this
Agreement;

“IRC” means the Indian Roads Congress;

“Indemnified Party” means the Party entitled to the benefit of an indemnity pursuant to
Article 25;

“Indemnifying Party” means the Party obligated to indemnify the other Party pursuant
to Article 25;

“Indirect Political Event” shall have the meaning set forth in Clause 21.3;

“Insurance Cover” means the aggregate of the maximum sums insured under the
insurances taken out by the Contractor pursuant to Article 20, and includes all insurances
required to be taken out by the Contractor under Clauses 20.1 and 20.9 but not actually
taken, and when used in the context of any act or event, it shall mean the aggregate of the
maximum sums insured and payable or deemed to be insured and payable in relation to
such act or event;

“Intellectual Property” means all patents, trademarks, service marks, logos, get-up,
trade names, internet domain names, rights in designs, blue prints, programmes and
manuals, drawings, copyright (including rights in computer software), database rights,
semi-conductor, topography rights, utility models, rights in know-how and other
intellectual property rights, in each case whether registered or unregistered and including
applications for registration, and all rights or forms of protection having equivalent or
similar effect anywhere in the world;

“Interim Payment Certificate” or “IPC” means the interim payment certificate issued
by the Authority’s Engineer for payment to the Contractor in respect of Contractor’s
claims for payment raised in accordance with the provisions of this Agreement;

{“Lead Member” shall, in the case of a consortium, mean the member of such
consortium who shall have the authority to bind the contractor and each member of the
Consortium; and shall be deemed to be the Contractor for the purposes of this
Agreement;}$

“LOA” or “Letter of Acceptance” means the letter of acceptance referred to in Recital

(E);

“Maintenance” means the maintenance of the Project Highway as set forth in Article 14
for the period specified therein;

$This definition may be omitted if the Contractor is not a Consortium.

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“Maintenance Inspection Report” shall have the meaning set forth in Clause 15.2.1;

“Maintenance Manual” shall have the meaning ascribed to it in Clause 10.7;

“Maintenance Programme” shall have the meaning set forth in Clause 14.3;

“Maintenance Period” shall have the meaning set forth in Clause 14.1.1;

“Maintenance Requirements” shall have the meaning set forth in Clause 14.2;

“Major Bridge” means a bridge having a total length of more than 60 (sixty) metres
between the inner faces of the dirt walls as specified in IRC:5-1998;

“Manual” shall mean the Manual of Specification and Standards for Six Laning of
Highways through Public Private Partnership (IRC: SP: 87-2019), referred to herein as
the Manual.
“Material Adverse Effect” means a material adverse effect of any act or event on the
ability of either Party to perform any of its obligations under and in accordance with the
provisions of this Agreement and which act or event causes a material financial burden
or loss to either Party;

“Materials” are all the supplies used by the Contractor for incorporation in the Works or
for the maintenance of the Project Highway;

“Monthly Maintenance Statement shall have the meaning set forth in Clause 19.6.1;

“MORTH” means the Ministry of Road Transport and Highways or any substitute
thereof dealing with Highways;

“Non-Political Event” shall have the meaning set forth in Clause 21.2;

“Neutral Venue” shall be Chennai set forth in Clause 26.3.1;

“Parties” means the parties to this Agreement collectively and “Party” shall mean any of
the parties to this Agreement individually;

“Particular Section” referred in clause 13.1.1 means any section of the project road and
the length referred to therein is the cumulative length of such change in alignment which
is warranted during execution either may be in new construction (bypass) or in the
existing road.

“Performance Certificate” shall have the meaning set forth in Clause 17.7.2;

“Performance Security” shall have the meaning set forth in Clause 7.1;

“Plant” means the apparatus and machinery intended to form or forming part of the
Works;
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“Political Event” shall have the meaning set forth in Clause 21.4;

“Programme” shall have the meaning set forth in Clause 10.1.3;

“Project” means the construction and maintenance of the Project Highway in

accordance with the provisions of this Agreement, and includes all works, services and
equipment relating to or in respect of the Scope of the Project;

“Project Assets” means all physical and other assets relating to (a) tangible assets such
as civil works and equipment including foundations, embankments, pavements, road
surface, interchanges, bridges, culverts, road over-bridges, drainage works, traffic
signals, sign boards, kilometre-stones, electrical systems, communication systems, rest
areas, relief centres, maintenance depots and administrative offices; and (b) Project
Facilities situated on the Site;

“Project Completion Date” means the date on which the Provisional Certificate is
issued and in the event no Provisional Certificate is issued, the date on which the
Completion Certificate is issued;

“Project Completion Schedule” means the progressive Project Milestones set forth in
Schedule-J for completion of the Project Highway on or before the Scheduled
Completion Date;

“Project Facilities” means all the amenities and facilities situated on the Site, as
described in Schedule-C;

“Project Highway” means the Site comprising the existing road forming part
“Formation of New Six lane road from Punnapakkam (Design Chainage : Ch 35+000 )
to Thiruvallur Bypass (Design Chainage : Ch 47+800 ) with paved shoulders and two
lane service road on both sides in Section-2 of Chennai Peripheral Ring Road Project
under Package-EPC 02 on Engineering, Procurement and Construction (EPC) Mode
including maintenance for 7 years” and all Project Assets, and its subsequent
development and augmentation in accordance with this Agreement;

“Project Milestone” means the project milestone set forth in Schedule-J;

“Proof Consultant” shall have the meaning set forth in Clause 10.2.2;

“Provisional Certificate” shall have the meaning set forth in Clause 12.2;

“Punch List” shall have the meaning set forth in Clause 12.2.1;

“Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause 11.2;

“Re.”, “Rs.” or “Rupees” or “Indian Rupees” means the lawful currency of the
Republic of India;
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“Request for Proposals” or “RFP” shall have the meaning set forth in Recital ‘D’;

“Request for Qualification” or “RFQ” shall have the meaning set forth in Recital ‘C’;

“Retention Money” shall have the meaning set forth in Clause 7.5.1;

“Right of Way” means the constructive possession of the Site free from encroachments
and encumbrances, together with all way leaves, easements, unrestricted access and other
rights of way, howsoever described, necessary for construction and maintenance of the
Project Highway in accordance with this Agreement;

“Safety Audit” shall have the meaning as set forth in Clause 10.1.6;

“Safety Consultant” shall have the meaning set forth in Clause 10.1.5;

“Safety Requirement” shall have the meaning set forth in Schedule – V; (Schedule to
be added)

“Scheduled Completion Date” shall be the date set forth in Clause 10.3.1;

“Scope of the Project” shall have the meaning set forth in Clause 2.1;

“Section” means a part of the Project Highway;

“Site” shall have the meaning set forth in Clause 8.1;

“Specifications and Standards” means the specifications and standards relating to the
quality, quantity, capacity and other requirements for the Project Highway, as set forth in
Schedule-D, and any modifications thereof, or additions thereto, as included in the
design and engineering for the Project Highway submitted by the Contractor to, and
expressly approved by, the Authority;

"Stage Payment Statement" shall have the meaning set forth in Clause 19.4;

“Structures” means an elevated road or a flyover, as the case may be;

“Sub-contractor” means any person or persons to whom a part of the Works or the
Maintenance has been subcontracted by the Contractor and the permitted legal
successors in title to such person, but not an assignee to such person;

“Suspension” shall have the meaning set forth in Article 22;

“Taking Over Certificate” shall mean a certificate issued under Clause 14.10;

“Taxes” means any Indian taxes including excise duties, customs duties, GST, local
taxes, cess and any impost or surcharge of like nature (whether Central, State or local) on
the goods, Materials, equipment and services incorporated in and forming part of the
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Project Highway charged, levied or imposed by any Government Instrumentality, but

excluding any interest, penalties and other sums in relation thereto imposed on any
account whatsoever. For the avoidance of doubt, Taxes shall not include taxes on
corporate income;

“Tender” means the documents in their entirety comprised in the Tender submitted by
the [selected Tenderer/Consortium] in response to the Request for Proposals in
accordance with the provisions thereof;

“Tender Security” means the tender security provided by the Contractor to the
Authority in accordance with the tender document, and which is to remain in force until
substituted by the Performance Security;

“Termination” means the expiry or termination of this Agreement;

“Termination Notice” means the communication issued in accordance with this

Agreement by one Party to the other Party terminating this Agreement;

“Termination Payment” means the amount payable by either Party to the other upon
Termination in accordance with Article 23;

“Terms of Reference” or “TOR” shall have the meaning set forth in Clause 18.2.1;

“Tests” means the tests set forth in Schedule-K to determine the completion of Works in
accordance with the provisions of this Agreement;

“Time Extension” shall have the meaning set forth in Clause 10.5.1;

“User” means a person who travels or intends to travel on the Project Highway or any
part thereof in/on any vehicle;

“Valuation of Unpaid works” shall have the meaning set forth in Clause 23.5.1;

“Works” means all works including survey and investigation, design, engineering,
procurement, construction, quality assurance, Plant, Materials, maintenance, temporary
works and other things necessary to complete the Project Highway in accordance with
this Agreement; and

“WPI” means the wholesale price index for various commodities as published by the
Ministry of Commerce and Industry, GOI and shall include any index which substitutes
the WPI, and any reference to WPI shall, unless the context otherwise requires, be
construed as a reference to the WPI published for the period ending with the preceding
month.
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Prohibited Practices
(Text in this Part C shall not be modified)

1. The Bank requires that the Recipient (and all other beneficiaries of the Bank financing),
as well as tenderers, suppliers, contractors, concessionaires and consultants under Bank-
financed contracts for the Project, observe the highest standard of transparency and
integrity during the procurement, execution and implementation of such contracts.

2. Definitions. In pursuance of this policy, the Bank defines the terms set forth below as
Prohibited Practices:

(a) “coercive practice” means impairing or harming, or threatening to impair or

harm, directly or indirectly, any party or the property of a party to influence
improperly the actions of a party;
(b) “collusive practice” means an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions of
another party;
(c) “corrupt practice” means the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
(d) “fraudulent practice” means any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation.
(e) “misuse of resources” means improper use of the Bank’s resources, carried out
either intentionally or through reckless disregard;
(f) “obstructive practice” means any of the following practices: (i) deliberately
destroying, falsifying, altering or concealing of evidence material to a Bank
investigation; (ii) making false statements to investigators in order to materially
impede a Bank investigation into allegations of a Prohibited Practice; (iii) failing
to comply with requests to provide information, documents or records in
connection with a Bank investigation; (iv) threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to a
Bank investigation or from pursuing the investigation; or (v) materially impeding
the exercise of the Bank’s contractual rights of audit or inspection or access to
information; and
(g) “theft” means the misappropriation of property belonging to another party.

3. Any occurrence, or suspected occurrence, of a Prohibited Practice in the procurement,

award, or implementation of a Bank-financed contract is dealt with in accordance with the
provisions of the Bank’s Policy on Prohibited Practices. Suppliers, contractors, service
providers and consultants selected pursuant to the provisions of Section II and
concessionaires selected pursuant to paragraph 14.3 of the Bank’s Procurement
Instructions for Recipients, as well as the Recipient shall fully cooperate with the Bank
(or a cofinancier undertaking an investigation pursuant to paragraph 6.1 of the Bank’s
 136

Procurement Instructions for Recipients) in any investigation into an alleged Prohibited

Practice to be carried out pursuant to the Policy on Prohibited Practices, and permit the
Bank or its representative (including such co-financier) to inspect such of their accounts
and records as may be relevant for such investigation and to have such records and
accounts audited by the auditors appointed by the Bank.

4. Provisions to this effect are included in the Legal Agreements and the procurement
contracts with such entities.

5. If the Project is financed by a sovereign-backed loan, the Bank (or, where relevant, a co-
financier having undertaken an investigation pursuant to paragraph 6.1 of the Bank’s
Procurement Instructions for Recipients):

(a)may take any of the following additional actions in connection with a Prohibited
Practice under the Project:

(i) reject a proposal for award if it determines that the tenderer recommended for
award, or any of its personnel, or its agents, or its sub-consultants,
subcontractors, service providers, suppliers or their employees, has, directly or
indirectly, engaged in a prohibited practice in competing for the contract in
question; and

(ii) cancel the undisbursed portion of the loan allocated to a contract (and require
reimbursement of the disbursed portion of the loan allocated to the contract) if
it determines at any time that representatives of the Recipient or of a recipient
of any part of the proceeds of the loan engaged in a prohibited practice during
the procurement, administration or implementation of the contract in question;
and

(b) requires that a clause be included in tender documents and in contracts financed by
the Bank loan, requiring tenderers, suppliers and contractors, and their
subcontractors, agents, personnel, consultants, service providers, or suppliers, to
permit the Bank (and a co-financier undertaking an investigation pursuant to
paragraph 6.1 of the Bank’s Procurement Instructions for Recipients) to inspect all
accounts, records, and other documents relating to the submission of tenders and
contract performance, and to have them audited by auditors appointed by the
Bank.
 137

Section - IX
SCHEDULES
 138

Table of Contents

SCHEDULE– A – SITE OF THE PROJECT ....................................................................................... 139

SCHEDULE – B– DEVELOPMENT OF THE PROJECT HIGHWAY ........................................ 152

SCHEDULE – C– PROJECT FACILITIES ......................................................................................... 178

SCHEDULE –D–SPECIFICATION AND STNDARDS .................................................................... 184

SCHEDULE– E– MAINTENANCE REQUIREMENTS .................................................................... 252

SCHEDULE – F– APPLICABLE PERMITS ....................................................................................... 257

SCHEDULE – G– PERFOMANCE SECURITY ................................................................................. 258

SCHEDULE – H– CONTRACT PRICE WEIGHTAGES ................................................................. 262

SCHEDULE – I– DRAWINGS .............................................................................................................. 271

SCHEDULE – J– PROJECT COMPLETION SCHEDULE ............................................................ 273

SCHEDULE – K– TESTS ON COMPLETION ................................................................................... 275

SCHEDULE –L– PROVISIONAL CERTIFICATE ............................................................................ 277

SCHEDULE –M– PAYMENT REDUCTION FOR NON-COMPLIANCE .................................... 279

SCHEDULE – N– SELECTION OF AUTHORITY’S ENGINEER ................................................ 281

SCHEDULE – O– FORMS OF PAYMENT STATEMENTS ........................................................... 282

SCHEDULE – P– INSURANCE ............................................................................................................. 283

SCHEDULE– Q– TESTS ON COMPLETION OF MAINTENANCE PERIOD ............................ 285

SCHEDULE– R– TAKING OVER CERTIFICATE ........................................................................... 286

SCHEDULE– S– PERFORMANCE CERTIFICATE ......................................................................... 287

SCHEDULE– T–SCHEDULE OF PAYMENT AS PER TABLE-C OF PART I OF TENDER ... 288

SCHEDULE–U– ENVIRONMENTAL MANAGEMENT PLAN AND ENVIRONMENTAL

MONITORING PLAN ............................................................................................................................. 289

SCHEDULE– V– SAFETY REQUIREMENTS .................................................................................. 290

SCHEDULE– W– INVOLUNTARY RESETTMENT SAFEGUARD PRINCIPLES FOR THE

PROJECT ................................................................................................................................................. 294

 139

SCHEDULE-A

(See Clauses 2.1 and 8.1 of GCC)

SITE OF THE PROJECT
A.

1 The Site

1.1 Site of the project “Formation of New Six lane road with paved shoulders and two
lane service road on both sides shall be undertaken from Ch 35+000 (Design
Chainage) to Ch 47+800 (Design Chainage) in Section-2 of Chennai Peripheral Ring
Road Project under Package-2” 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, which has to
be followed by the Contractor as a minimum. The contractor may, however, improve
upon the alignment plans and profiles and raise the Finished Roadway Level (FRL)
with approval from the Authority’s Engineer within the available Right of Way.

1.5 The status of the Environment Clearances obtained or awaited is given in Annex IV.
 140

Annex – I
(Schedule-A)

1 Site
The Site of the “Formation of New Six lane road from to Punnapakkam (Design
Chainage: Ch 35+000 ) to Thiruvallur Bypass (Design Chainage: Ch 47+800 )
with paved shoulders and two lane service road on both sides in Section-2 of
Chennai Peripheral Ring Road Project under Package-EPC 02 on Engineering,
Procurement and Construction (EPC) Modeincluding maintenance for 7 years”
comprise developing new highway for the length of 12.800 km and maintenance for 7
years.
The design chainage of the project highway is Ch:35+000 to 47+800.
The land; carriageway and stretches comprising the site are described below. An
index map of the project highway is given in Appendix A-I.
2 Land
2.1 The Site of entire project highway shall be new formation. Proposed ROW along the
project highway is 60m, details are shown in Plan & profile drawings given in
Appendix B-1&B-2 of Schedule B and as given in Annexure-II and Annexure-III
of Schedule A.
2.2 The Site of the Project Highway comprises the land described below i.e. Table 2.1 A
showing existing ROW and Proposed ROW along the Project highway is 60m, Table
2.1B showing proposed ROW Land Required:
Table 2.1AExisting Right of Way
PCL to EROW
S. No PCL Chainage Total
LHS RHS

Nil

Table 2.1B (Land Required)

Design Chainage Land Width (m)
S.No Total
From To LHS RHS
1 35+000 47+800 30 30 60

Note: The details given above is Proposed Right way through entire stretch and Total
Land width of 80 m on Curves & Bus bay locations,100m on LVUP & VUP locations
and 140m on Entry Exit ramp locations will be acquired along the proposed
alignment.
 141

3 Carriageway
The Entire project highway is new formation.
The width of bituminous paved surface is given below.
Existing Width of Earthen
Chainage Width of Width of Paved Shoulder
S.No.
Carriageway Shoulder
From To

Nil

4 Major Bridges
The Site includes the following Major Bridges:
Type of Structure No. of
Existing
S. Spans Width
Chainage Foundation Sub- Superstructure
No. Road structure with span (m)
(Km)
length (m)
Nil

5 Road over-bridges (ROB) / Road under-bridges (RUB)

The Site includes the following ROB (road over railway line)/RUB (road under
railway line):
S. Road Existing Type of Structure No. of Spans Width ROB/
No. Chainage Foundation Superstructure with span (m) RUB
(Km) length (m)
Nil

6 Grade separators
The Site includes the following grade separators:
Existing No. of Spans
S. Width ROB/
Chainage Type of Structure with span
No. (m) RUB
(Km) length (m)
Foundation Superstructure
Nil
 142

7 Minor bridges/ Causeways

The Site includes the following minor bridges:
Type of Structure
ExistingC No. of spans Condition
Sl. Width Present
hainage Sub- Superstru with span of Parapet Remarks
No. Foundation (m) Condition Wall
(km) structure cture length (m)

Nil

8 Railway level crossings

The Site includes the following railway level crossings:

S.No. Existing Chainage (Km) Remarks

Nil

9 Underpasses (vehicular, non-vehicular)

The Site includes the following underpasses:

Existing
No. of Spans
S. No. Chainage Type of Structure with Width (m)
(km)
span length (m)

Nil

10 Culverts:
The Site has the following culverts:

Existing
Sl. Type of Span /Opening with Width
Chainges Remarks
No. Culvert span length (m) (m)
(km)

Nil

11 Existing Bus bays/ Bus Stops

The details of bus bays/Bus Stops on the Site are as follows:

Location (Existing
Sl. No. Left/ Right Remarks
Chainage in km)

Nil
 143

The details of bus shelter on the Site are as follows:

Bus Shelter

Location
Bus Shelter
Sl. No. (Existing Left/ Right Remarks
(Length in m)
Chainage in Km)

Nil

12 Truck Lay byes

The details of truck lay byes are as follows:

S. No. Existing Length Left Hand Right Hand Side

Chainage (m) Side
(km)

Nil

13 Roadside drains-
The details of the roadside drains (Lined/Unlined Drain) are as follows:
Existing Chainage (km) Remarks
Sl.No LHS RHS
From To
Nil
Total

14 Major junctions
The details of major junctions are as follows:

Existing Category
Name of Type of Junction Cross Road Leads
S. No. Chainage of Cross
Intersection (+,T,Y) to
(km) Road

Nil

(NH: National Highway, SH: State Highway, MDR: Major District Road)
15 Minor junctions
The details of the minor junctions are as follows:

Existing Type of
Cross Road
S. No. Chainage Junction Classification of branching road
Leads to
(Km) (+,T,Y)

Nil
 144

16 Bypasses
The details of the bypasses are as follows:

Name of Existing Chainage Length Carriageway

S.No.
bypass (town) (km) From ----to (in Km)
Width (m) Type

Nil

17 Detail of any other structures-

The details of the other structures are as follows:
Type of Existing
Sl.No Foundation Length breadth Depth
Structure Chainage
1. Centre median Nil
2. Protective Wall Nil
18 Detail of forest Stretches

The details of the forest stretches are as follows:

Forest Existing Chainage Left/ Length

Sl No.
Stretches From To Right (m)
Nil
19 Detail of Stretches passing through or abutting wildlife area

Nil

20 Detail of Stretches passing through built up area

The details of the stretches passing through built up area are as follows:

Existing Chainage Length

Sl No. Name of Area
From To (Km)
Nil
Total Length in Km
21 Type of Terrain

The entire project highway has been passing through Plain/Rolling Terrain

22 Chainage Reference Systems

The entire project highway shall be new formation, so there is no existing Chainage
along the Project highway. The details of Existing Chainage & Proposed Design
Chainage are as follows;
 145

Existing chainage Proposed chainage

The road starts from km

35+000 of Section 2 Package-1 of CPRR at Punnapakkam.
The start of the project shall match the end of Section 2 Package-1 CPRR

Note: Proposed Chainage expressed as (Y+Z) is the distance measured in kilometer along
the proposed centerline from the start point, where Y is integer part (kilometer) and Z is the
decimal fraction part (in meter)
23 Service Utilities

The details of Utility Services with in the Proposed Right of Way are as follows;

Type of Structure
Design Chainage (To)
Design Chainage

Crossing Design

Communication
(From)

Community
Sl No.

Structures
Chainage
HT Lines

Other
Cable

Telephone
Pole-7 Nos 42+300-Temple
1 35+000 47+800 Nil
Cell phone
Tower - 1Nos

Utility Shifting - EB Pole & Transformers

The details of EB Pole & Transformers within the Proposed Right of way are as follows;

Design Chainage
EB Pole Transformers
Sl.No (km) Village Name
From To LHS RHS LHS RHS
1 35+000 37+017 Punnapakkam 12 12 1 0
2 37+017 38+050 Amanambakkam 15 10 0 0
3 38+050 42+302 Velliyur 29 24 2 1
4 42+302 42+973 Karikalavakkam 4 5 1 0
5 42+973 43+866 Vishnuvakkam 15 5 0 0
43+866 45+910
6 Keelanur 12 22 1 0
47+176 47+727
7 45+910 47+176 Melanur 2 7 0 0
 146

Utility Shifting - Well

The details of Well with in the Proposed Right of way are as follows;
Design Depth
Diameter of Area Volume
Sl.No Chainage Village Name of Well
Well (m) (Sqm) (Cum)
(km) (m)
1 35+381 Punnapakkam 3.5 12 9.62 115.44
2 35+675 Punnapakkam 3.5 10.6 9.62 101.97
3 37+630 Amanambakkam 3 4 7.07 28.28
4 37+718 Amanambakkam 4 5 12.56 62.83
5 38+450 Velliyur 4 3 12.56 37.7
6 39+753 Velliyur 6 5 28.27 141
7 42+088 Velliyur 3 2 7.07 14.14
8 43+426 Vishnuvakkam 3.5 13 9.62 125.07
9 44+533 Keelanur 2.5 15 4.90 73.5
10 47+419 Keelanur 3 7 7.07 49.49
NOTE: The details given above are only indicative and the actuals shall have to be
ascertained by the EPC contractor.
24 Trees (located within a distance of 30 m on either side from c/l)
The details of existing tress with in the Proposed Right of Way are as follows;
Girth: Girth: Girth:
Chainage

Chainage

Girth:
(From)
Design

Design

Type of 600 to 900 to above No. of

(To)

Sl. No. 300 to

tree 900 1800 1800 tree
600 mm
mm mm mm
1 Coconut 0 62 0 0 62

2 Neem 14 26 0 0 40

3 Mango 2 15 0 0 17

4 Palm 13 95 0 0 108

5 Guava 4 0 0 0 4
35+000 47+800
6 Teak 83 0 0 0 83

7 Banyan 0 0 2 0 2

8 Peepal 0 0 7 0 7

9 Eucalyptus 78 0 0 0 78

10 Others 101 23 0 6 130

 147

The trees falling on the non-motorable area of the road i.e. median, divider, footpath, etc.
shall be retained and provided NJW type Crash Barrier around the tree for protection and
road safety. If the space is not available, the tree is considered as affected tree and considered
as transplantation. Minimum 40nos of trees are to be transplanted along the project corridor.
The cost for transplanting the affected trees will be included in the Environmental
Management Plan (EMP)

Note: The details given above are only indicative and the actuals shall have to be
ascertained by the EPC contractor in coordination with the Employer
 148

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:

Stretches Length Width* Date of providing

Sl. No
Design Chainage (km) (m) ROW

1 2 3 4 5

(i) Full Right of Way (full Ch38+000- On the Appointed

7.00 60
width) 45+000 Date

(ii) Part Right of Way (Part Ch 35+000- 180 days after the
1.00 60
Width) 36+000 Appointed Date

(iii) Balance Right of Way Ch 36+000-

(Width) 38+000, 365 days after the
4.80 60
Appointed Date
45+000-47+800

* The additional width required for Junction improvements, Bus Bay, etc will be handed
over as in Table 2.1 B of Schedule A.

Note: Road Stretches mentioned in the above table are tentative. However, the authority will
ensure that 50% of site (in broken stretches) are handed over under section i&ii.
 149

Annex-III
(Schedule-A)

Alignment Plans &

Plan & Profile Drawings

The alignment plan of the project highway is enclosed with Highway Drawing in e-
procurement portal
 150

Annex-IV
(Schedule-A)

Environment Clearances

The following environment clearances have been obtained:

Environmental Clearance for the project has been obtained.

The following environment clearances are awaited:

No Forest stretch in the ROW.

 151

Appendix A-I
Index Map of Project Road
 152

SCHEDULE - B

(See Clause 2.1)

B. DEVELOPMENT OF THE PROJECT HIGHWAY
1
C. Development of the Project Highway:

D. Development of the Project Highway shall include design and construction of the
Project Highway as described in this Schedule-B (Development of Project Highway)
and in Schedule-C (Project Facilities) and Schedule I (Drawings).

2 Work:

Formation of New Six lane road from Punnapakkam (Design Chainage : Ch 35+000 )
to Thiruvallur Bypass (Design Chainage : Ch 47+800 ) with paved shoulders and two
lane service road on both sides in Section-2 of Chennai Peripheral Ring Road Project
under Package-EPC 02 on Engineering, Procurement and Construction (EPC) Mode
including maintenance for 7 years, comprising construction of new pavement, paved
shoulders, foot path and covered drain, new construction of all the culverts, minor
bridges, major bridges, underpasses, shifting of service utilities, cutting of trees,
compensatory afforestation, development of Junctions and installation of road
signages/ furniture, road safety devices, traffic control devices, solar powered street
lights/ high mass lights, construction of Bus bays, Bus Shelters, landscapes, telephone
booth/ emergency call booths, road side amenities, traffic post, medical aid post,
overlay on 6th year during the maintenance and maintenance of all the above for 7
years, etc. as described in Annex-I of this Schedule-B and in Schedule-C.

3 Specifications and Standards

The Project Highway shall be designed and constructed in conformity with the
Specifications and Standards specified in Annex-I of Schedule-D and stipulation in
Schedule U.

The provisions mentioned in the Schedules and drawings are the bare minimum
requirements.
 153

Annex - I
(Schedule-B)

Description of “Formation of New Six lane road from Punnapakkam (Design Chainage : Ch
35+000 ) to Thiruvallur Bypass (Design Chainage : Ch 47+800 ) with paved shoulders and
two lane service road on both sides in Section-2 of Chennai Peripheral Ring Road Project
under Package-EPC 02 on Engineering, Procurement and Construction (EPC) Mode
including maintenance for 7 years” and maintenance of entire project stretch of 12.8 km.

1 Widening of the Existing Highway

1.1 The project highway shall follow the alignment unless otherwise specified by the
Authority and shown in the alignment plans specified in Annexure – III of Schedule
A and typical cross sections enclosed at Appendix-B 1 and Appendix B 2 of
Schedule-B. Geometrics deficiencies, if any, in the horizontal and vertical profiles
shall be corrected as per the prescribed standards for plain terrain to the extent land is
available.

1.2 Width of the carriageway

1.2.1 Width of carriageway shall follow typical cross sections enclosed at Appendix B-1
(Typical Cross Section-Drawing) and Appendix B-2 (Typical Cross section
Schedule) to this Schedule B. New Six lane road with paved shoulders and two lane
service road on both sides shall be undertaken from km 35+000 (Design Chainage) to
km 47+800 (Design Chainage). The paved carriageway shall be 10.5 m wide with 2.5
m wide paved shoulders on both sides, with 8.50 m median, and service roads on both
sides in accordance with typical cross sections drawings. A Kerb shyness of 500 mm
shall be provided at all kerb locations.

Locations of Rural areas are specified as under. The cross section of carriageway to
be adopted in the Rural areas shall be as indicated in the table below:

Chainage
Length Width of Paved Total
Sl.No
From To (m) Carriageway Shoulder PROW

1 35+000 47+800 12800 As Per TCS 60 m

1.2.2 Except as otherwise provided in the Agreement but subject to provisions of Schedule
‘B’ the width of the paved carriageway shall conform to paragraph 1.2.1 as above.
2 Geometric Design and General Features
2.1 General
Geometric design and general features of the Project Highway shall be in accordance
with section 2 of the Manual subject to limitations and expressed provisions in this
Schedule B and Schedule C.
 154

2.2 Design speed

Plan and profile has been designed keeping in view the considerations such as design
speed appropriate for the terrain and Site constraints. The FRL given in the profile
shall be followed as a minimum. However, the Contractor shall improve upon the
plan and profile to the extent possible within the Site (proposed ROW) with prior
approval of Authority’s Engineer.

The design speed has been 100 km per hour along the Main carriage Way and 40 km
per hour in the Service Roads of the project highway in ruling for plain/rolling terrain.

HIP Position Design Super

HIP Circular Curve Curve Start Curve End Radius
Speed Elevation
Chainage N E Length (m) Chainage Chainage (m)
(kmph) (%)
35+545.580 1463866 395529 413.151 35+339.002 35+752.153 2000 100 NC
36+516.730 1463222 394799 382.233 36+325.614 36+707.847 1200 100 3.70
37+394.040 1462444 394357 624.713 37+081.686 37+706.399 820 100 5.42
40+157.710 1461779 391657 733.146 39+791.139 40+524.285 5000 100 NC
42+366.950 1460950 389601 2057.379 41+338.262 43+395.642 7200 100 NC
44+506.810 1459614 387912 1256.456 43+878.583 45+135.039 3500 100 NC
46+455.980 1458958 386019 940.979 45+985.492 46+926.471 900 100 4.94
47+702.870 1457663 385888 614.468 47+395.634 48+010.103 1100 100 4.04

2.3 Improvement of the existing road geometrics

In the following sections, describes major horizontal & vertical improvements along the
project road is not possible, the existing road geometrics shall be improved to the extent
possible within the given right of way and proper road signs and safety measures shall be
provided:

Sl Design Ch. Design.Ch.

Type of Deficiency Remark
Nos. (From) (To)
Nil

Details of Proposed Realignments / Curve Improvements

Design Ch. Length

Sl Nos. Design. Ch. (To) Side
(From) (m)
Nil

Details of proposed Bypasses

Bypass location w.r.t.
Sl. Name of project alignment Take off Merging Length
No. Bypass Take off Merging Chainage Chainage (Km)
Chainage Chainage
Nil
 155

2.4 Right of Way

Proposed ROW along the project highway is 60m, details are shown in Plan & profile
drawings given in Appendix B-1&B-2 of Schedule B and as given in Annexure-II
and Annexure-III of Schedule A.

2.5 Type of shoulders

(a) In built-up sections, paved shoulders shall be provided in the following stretches
in accordance with typical cross section given in Appendix B-1 of schedule -B:

Sl. Design Chainage Length

Paved Shoulder provisions Remarks
No. From To (m)
Paved shoulders of 2.5 m with 1.75m
1 35+000 47+800 12800
width Separator-cum-Drain

(b) In open country, paved shoulders of 2.5 m width shall be provided and 1.75m
width Separator-cum-Drain for service road as specified in TCS shall be provided.

(c) Design and specifications of paved shoulders shall conform to the requirements
specified in para 5.10 of the Manual.

2.6 Lateral and vertical clearances at underpasses

Full road width of the cross road shall be carried through the underpasses. As per the
Clause 2.10.2 of IRC:SP:87-2019, the horizontal clearance for Vehicular underpass,
Light vehicular underpass and Small vehicular underpass is 20m, 12m and 7m
respectively, and the vertical clearance is 5.5m, 4.0m and 4.0m respectively. The same
is adopted in the project.

2.7 Access to Project Highway

The project road is designed as an access-controlled highway. Access to highway is

on the principle of left-in/left-out arrangement and interconnected through
interchanges.

The service road is proposed on both sides throughout the project road. The minimum
width of paved portion of service road is 7m and kerb shyness of 0.25m is proposed
adjacent to raised kerbs. As per the Clause 2.12.2.4 of IRC: SP: 87-2019, minimum
design speed for service road is 40 km/h which is adopted in the project.

The entry/exit ramp arrangement given in Fig. 2.1B of IRC:SP:87-2019 is proposed in

the project at selected locations, for the traffic movement between main highway and
service road. Temporary secured Emergency median openings shall be provided at
every 2.50 km interval with prior approval of Authority’s Engineer.
 156

2.8 Service roads

Service Roads

Design Chainage Length on

Sl. Width Name of the
Each Side in Side
No From To (m) Development
Km

Both Package-EPC
1 35+000 47+800 12.8 7.5 02 of Section –
Sides 2
The Total length of Service road is = 12.8 x 2 =25.6 Kms.

Note: The above mentioned length does not include tapering at start and end of service road.
Shyness shall be provided on either side of service road carriageway.

2.9 Grade separated structures –Nil

2.10 Cattle and pedestrian underpass / overpass – NIL

2.11 Typical cross-sections of the Project Highway

Typical cross sections showing configuration along with a schedule of applicability

are enclosed Appendix B-1 (Typical Cross Section-Drawing) and Appendix B-2
(Typical Cross section Schedule) to this Schedule B.

3 Intersections

The location, type and features of the at-grade intersections are given in the tables
below. All intersections and grade separators shall be as per Section 3 of the Manual.
Existing intersections which are deficient shall be improved to the prescribed
standards. All minor intersections shall be improved as per Mort&H “Type Designs
for Intersections on National Highways, 1992”. However, the Contractor shall
improve upon the layout plan within the Site as per para 3.1.1 and 3.1.2 of the
Manual with prior approval of Authority’s Engineer.

Properly designed intersections as per Manual layout shall be provided at the

locations and of the types and features given in the tables below:

(a) Major junctions

Design Type of Junction

S. No. Cross Road
Chainage (km) (+,T,Y)
1 35+482 + Punnapakkam - Vilapakkam
2 37+225 + SH50A (Thamaraipakkam - Vengal)
3 41+650 + SSTR (SH-57)
4 45+835 + Keelanur - Melanur
5 47+228 + SSTR (SH-57)
 157

b) Minor junctions

Design Chainage Type of Junction

S. No. Side Cross Road Leads to
(km) (+,T,Y)
1 39+040 + Both side Velliyur - Field Track
2 42+200 T RHS To Ramarajakandigai
3 42+300 T LHS To Thiruvallur
Vishnuvakkam -
4 43+900 + Both side
Vilapakkam Road
5 45+000 T LHS To Sapthagiri Nagar
6 45+660 T LHS To Sri Ram Garden

(c) Grade separated intersection with/without ramps

SI.No Location Design Chainage Length

Nil

(d) Vehicular Underpasses with/without ramps

Design Chainage Location

S. No. Size (m) Vertical Clearance (m)
(km) Str. No
1 37+225 1 x 25m 5.5 38/2
2 41+650 1 x 25m 5.5 42/4
3 47+228 1 x 25m 5.5 47/2

(e) Light Vehicular Underpasses & Small Vehicle Underpass with/without ramps

Design Vertical Remarks

S.
Chainage Size Clearance Location
No.
(km) (m)
1 35+482 1 x 20m 4.0 36/3 LVUP
2 39+040 1 x 7m 4.0 40/1 SVUP
3 43+900 1 x 7m 4.0 44/5 SVUP
4 45+835 1 x 20m 4.0 46/5 LVUP

(f) Cattle and pedestrian underpass /overpass

S. No. Design Chainage (km) Type Size (m)
Nil
 158

4 Road Embankment and cut Section

4.1 Widening and improvement of the existing road embankment/cuttings and

construction of new road embankment/ cuttings shall conform to the Specifications
and Standards given in section 4 of the Manual and the specified cross sectional
details to the maximum extent possible within the Site.

4.2 FRL given in the Plan and profile at Annex III to Schedule A and Appendix B-1, B-2
to Schedule B shall be followed as a minimum.

Raising of the existing road Height of the Embankment shall be in accordance

with section 4 of the Manual. The existing road shall be raised in the following
sections as a minimum, however, Contractor shall ascertain other locations and
shall carry out the design in accordance with the requirements of: IRC: SP-87-
2019

Sl. Design Chainage (km) Overtopping above the existing road

No. From To (m)
NIL

5 Pavement Design

5.1 Pavement design shall be carried out in accordance with Section 5 of the Manual. In
the existing carriage way portion, pavement shall be designed as per IRC: 37-2018
considering scarification of existing bituminous surfacing and other Granular layers as
required.

5.2 Type of pavement

Proposed pavement is of ‘Flexible Pavement’ type.

Main Carriageway:

Flexible pavement shall be provided on main carriageway for complete project.

Service roads:

Flexible pavement shall be provided on Service Road for complete project.

5.3 Pavement Design requirements

Pavement design shall be done as per manual IRC: 37-2018 and IRC: 58-2015.

5.3.1 Pavement Design Period and strategy

 159

The Flexible pavement shall be designed for a minimum design period of 20 years as
per Clause 4.3.1 of IRC: 37-2018. Stage construction shall not be permitted as per
clause 5.4.1 (ii) of IRC: SP: 87-2019.

5.3.2 Pavement Design Traffic & Pavement Layer

Notwithstanding anything to the contrary contained in this Agreement or the Manual,

the Contractor shall design the pavement for the following design traffic as minimum.
Pavement layer for main carriageway & service road as given below

Main Carriageway Road (Flexible)

Chainage Stone
Design Design Embank
Matrix DBM WMM GSB Subgrade
CBR Traffic ment
From To Asphalt (mm) (mm) (mm) (mm)
(%) (MSA) (mm)
(mm)
500 Min 500
With CBR with CBR
35+000 47+800 8% 170 50 160 250 200
not less not less
than 8 than 8

Service Road (Flexible)

Bituminous Concrete 50mm

Dense Bituminous Macadam 85mm
Wet Mix Macadam 250mm
Granular Sub base (CBR >= 30%) 200mm
Subgrade (CBR >= 8%) 500mm
Embankment (CBR >= 8%) Not less than 500 mm
Design Traffic (MSA) 30
Note: Pavement shall be designed as per the above traffic density, however minimum
thickness of various layers of the pavement shall be as mentioned above.
The Pavement shown above is minimum provision. The contractor may enhance it with the
prior approval of the Authority Engineer.

5.4 Traffic management during reconstruction:

 The stretches where the existing road is proposed to re-graded up-to 1m depth by
cutting the existing profile, the existing road shall be used partly for traffic during
construction with required improvement and safety measures as per the Manual.

 All other stretches, where the re-grading of existing profile involves more than
1m cutting, diversion shall be provided as per the Manual

6 Roadside Drainage

Drainage system including surface and subsurface drains for the Project Highway
shall be provided as per section 6 of the Manual and IRC: SP: 42-2014, Guidelines on
 160

road drainage and as per cross section schedule provided as Appendix - B1 to this
schedule. An effective drainage system for bridge decks shall be provided as specified
in paragraph 7.20 of the Manual. However, drains shall be provided throughout the
project on both sides under the separator as per the typical cross sections as a bare
minimum requirement having the minimum inner size of 1.25m x 1.60m.

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 Manual and as detailed below.

7.1.2 The width of carriageway of new structures shall be in accordance with section 7 of
the Manual.

7.1.3 Provision of footpath on all structures in service road shall be governed by the
provisions of Manual.

7.1.4 All bridges shall be high-level bridges.

7.1.5 The minor bridges specified in table 7.1.3shall be designed to carry utility services in
the foot path.

7.1.6 Utility services to be carried over the structures.

The following structures shall be designed to carry utility service specified in the table
below:

S. No Bridge at Km Utility service to be carried Remarks

As per Site condition and locations identified in consultation with Authority Engineer
during execution of the project highway.

7.1.7 Cross-section of the new culverts for the Project Highway shall conform to the typical
cross-Section 7 of the Manual.

7.2 Culverts

7.2.1 Overall width of all culverts shall be equal to the roadway width. Culverts on the
curves shall have additional width matching with widening on the curves.

7.2.2 Reconstruction of existing culverts:

The existing culverts at the following locations shall be re-constructed as new box
culverts:
 161

Reconstruction of Pipe Culverts to Box Culverts (Ref: Appendix B-7)

Existing Design Existing Proposed Size of Box

S.No
Chainage (km) Chainage (km) Structure Culvert& No. of Vents
Nil

Reconstruction of Slab Culverts to Box Culverts (Ref: Appendix B-7)

Existing Design Existing Proposed Size of

S.No
Chainage (km) Chainage (km) Structure Box Culvert
Nil
Note:
Any additional requirement of culverts found during the Project Implementation stage, that
same shall be covered within the scope of work. The exact location of culvert shall be
finalized as per site condition and location of stream along the proposed alignment.
The FRL have been given for the culverts in the plan and profile enclosed at Annexure III to
Schedule A and Annexure - 1 of Schedule B which shall be followed as a minimum. The top
width of the culvert shall match with the typical cross section of the road at that location.

7.2.3 Retaining / Widening of existing culverts

All existing culverts which are not to be reconstructed shall be widened to the
roadway width of the Project Highway as per the typical cross section at that
particular location. Repairs and strengthening of existing structures where required
shall be carried out. List of culverts to be widened are given below

List of slab culverts to be widened (Ref: Appendix B-9)

Existing Design Existing Proposed Size of Slab

S.No
Chainage (km) Chainage (km) Structure Culvert
Nil

List of Box culverts to be Widened/Retained (Ref: Appendix B-9)

Existing Design
Proposed Size of
S.No Chainage Chainage Existing Structure
Box Culvert
(km) (km)
Nil
Note:
Any additional requirement of culverts found during the Project Implementation stage, that
same shall be covered within the scope of work. The exact location of culvert shall be
finalized as per site condition and location of stream along the proposed alignment.
The general repairs and rehabilitation works of culverts shall include but not limited to
general cleaning of culvert and area around culvert, restoration of slopes and protective
 162

works, repair and replacement of drainage spouts where required, construction/repair of

damaged parapets and repair and rehabilitation of damaged concrete/masonry of any
component etc. to the complete satisfaction of Authority’s Engineer. All the repair and
rehabilitation works shall be carried out as per the Manual and Specifications.

7.2.4 Additional New box culverts shall be constructed as per particulars given in the table
below:

New Construction of Box culverts in Project Highway (Ref: Appendix B-8)

Sl.No Culvert Location (Design Chainage) Span No. of Vents

1 35+080 2m x 2m 1
2 35+420 2m x 2m 1
3 35+570 2m x 2m 1
4 35+880 2m x 2m 1
5 36+160 2m x 2m 1
6 36+475 2m x 2m 1
7 37+190 2m x 2m 1
8 37+520 2m x 2m 1
9 37+730 2m x 2m 1
10 37+972 2m x 2m 1
11 38+223 2m x 2m 1
12 38+473 2m x 2m 1
13 38+680 2m x 2m 1
14 38+903 2m x 2m 1
15 39+250 2m x 2m 1
16 39+486 2m x 2m 1
17 39+661 2m x 2m 1
18 39+810 2m x 2m 1
19 40+013 2m x 2m 1
20 40+340 2m x 2m 1
21 40+620 2m x 2m 1
22 40+763 2m x 2m 1
23 41+010 2m x 2m 1
24 41+150 2m x 2m 1
25 41+425 2m x 2m 1
 163

Sl.No Culvert Location (Design Chainage) Span No. of Vents

26 41+850 2m x 2m 1
27 42+150 2m x 2m 1
28 42+400 2m x 2m 1
29 42+860 2m x 2m 1
30 42+980 2m x 2m 1
31 43+175 2m x 2m 1
32 43+375 2m x 2m 1
33 43+640 2m x 2m 1
34 43+827 2m x 2m 1
35 44+026 2m x 2m 1
36 44+135 2m x 2m 2
37 44+220 2m x 2m 1
38 44+450 2m x 2m 1
39 44+776 2m x 2m 1
40 45+026 2m x 2m 1
41 45+275 2m x 2m 1
42 45+526 2m x 2m 1
43 45+740 2m x 2m 1
44 45+925 2m x 2m 1
45 46+190 2m x 2m 1
46 46+476 2m x 2m 1
47 46+630 2m x 2m 2
48 46+800 2m x 2m 1
49 46+900 2m x 2m 1
50 47+080 2m x 2m 1

New Constructions in Bypass

Design Chain age

Name of Bypass Proposed Culverts
From To
Nil
Note:
Any additional requirement of culverts found during the Project Implementation stage, that
same shall be covered within the scope of work. The exact location of culvert shall be
finalized as per site condition and location of stream along the proposed alignment.
 164

7.2.5 Repairs/replacements of railings/parapets, flooring and protection works of the

existing culverts as given below shall be undertaken as per para 7.22 of the Manual.

S. No Location Type of Repair required

Nil

7.2.6 Floor protection works shall be as specified in the relevant IRC Codes and
Specifications.

7.3 Bridges

7.3.1 Existing bridges to be re-constructed/widened

(i) The existing bridges at the following locations shall be re-constructed as new
Structures

Proposed Proposed Span

Existing Design
Outer to minimum Arrangements and
S.No Chainage Chainage Name Of Crossing
Outer Linear Water No of Spans
(km) (km)
width Way (m)
Nil
Note:
The proposed span arrangement is tentative and the same shall be finalized in consultation
with Irrigation Authority & Authority Engineer. Any change in span arrangement shall not be
treated as change in scope of work.
(ii) The following narrow bridges shall be widening:
Span
Existing Design Existing Existing Width Proposed
S. Name Of Arrangements
Chainage Chainage Span Outer to Outer Outer to Outer
No Crossing and No of
(Km) (Km) Details (m) Width (m)
Spans
Nil
Cross sections at the deck level are enclosed at Appendix B-5to this Schedule.

The repairs and rehabilitation works of minor bridges shall include but not limited to general
cleaning of bridge and area around bridge, restoration of slopes and protective works,
removal and relaying of existing wearing coat, repair and replacement of drainage spouts,
construction of new crash barriers in place of old railing, providing of new expansion joints
and bearings in place of old ones wherever required and repair and rehabilitation of
damaged concrete of any etc. to the complete satisfaction of authority engineer. All the
repairs and rehabilitation works shall be carried out as per the Manual and Specifications.

7.3.2 Additional new bridges: New Bridges at the following locations on the project
highway shall be constructed. GADs for the new bridges are attached atAppendix B-6
to this Schedule.
 165

A) Major Bridge
Propose Proposed Span
Design
Sl. d Deck Type of structural Arrangement
Chainage Structure
No. Width Crossing configuratio s&
(km)
(m) n No. of Spans
RCC girder-
Main 15.05 11x25m
Kosasthal slab
1 36+886
Service aiyar river
11 RCC slab 22x12.5m
Road

Note:
The proposed span arrangement is tentative and the same shall be finalized in consultation
with Authority Engineer. Any change in total length and span arrangement shall be within the
scope of work.
Deck continuity shall be achieved in super structures. The number of expansion joints shall
be minimum and the locations shall be finalized as per design requirements.
All the drainage spout pipes are to be connected suitably by a pipe and brought down through
the supports from superstructure and pier / abutment cap and leaving into the
rivers/streams/nalla.

B) Minor Bridges
Proposed Span
Design Proposed
Sl. Deck Arrangements
Chainage Structure Type of Crossing structural
No. Width &
(km) configuration
(m) No. of Spans
Main 15.05 RCC slab 1x25m
1 37+388 Service Amanampakkam canal
11 2x12.5m
Road
Note:
The proposed span arrangement is tentative and the same shall be finalized in consultation with
Authority Engineer. Any change in total length and span arrangement shall be within the scope of
work.
Deck continuity shall be achieved in RCC Girder + RCC slab super structures. The number of
expansion joints shall be minimum and locations shall be finalized as per design requirements.
GAD approval and other permissions for the Irrigation canal shall be obtained by the contractor.
All the drainage spouts are to be connected suitably by a pipe and brought down through the supports
from superstructure and pier / abutment cap and leaving in to the rivers/streams/nallahs.
Proposed structural configuration mentioned as “New 6 lane” shall include dismantling of existing
structure if any.
7.3.3 The railings of existing bridges shall be replaced by crash barriers at the following
locations:
Sl No. Location of Bridge Remarks
As mentioned in Table below 7.3.4

7.3.4 Repairs/ replacements of railing/parapets of the existing bridges shall be undertaken

as follows
 166

Rehabilitation/Repair of existing Major Bridges

Span
Sl. Design arrangement Details of Rehabilitation Details of Repair
No. Chainage (m)
Nil

Rehabilitation/Repair of existing Minor Bridges

Span
Sl. No. Design arrangement Details of Details of
Chainage (m) Rehabilitation Repair
Nil

7.3.5 Drainage system for bridge decks:

Effective drainage system for bridge decks shall be provided as specified in paragraph
7.20 of the Manual

7.3.6 Structures in Marine environment: NIL

7.4. Rail-Road bridges:

Design, construction and detailing of ROB/RUB shall be as specified in the Manual.

7.4.1 Road over-bridges:

Road over-bridges (road over rail) shall be provided at the following level crossings,
as per GAD drawings attached:

Sl. Design Chainage of

No. Level crossing Length of bridge (m) Width
(Chainage Km)
Nil
Note: The span arrangement shown above is tentative and subject to approval of Railway
Department. The type of structure & foundation in GAD may change based on design
approved by Railway Department and it will not qualify for Change of Scope

7.4.2 Road under-bridges:

Road under-bridges (road under railway line) shall be provided at the following level
crossings, as per GAD drawings attached:

Location of Level crossing Number and Length of Span

Sl. No.
(Chainage km) (m)
 167

Nil

7.4.3 Deleted

7.4.4 Deleted

7.5 Grade separated structures:

Design, Construction and Detailing of Grade separated structures shall be specified in

paragraph 3 of Annex-I of Schedule-B.

7.6 Repairs and strengthening of bridges and structures

All repairs and rehabilitation for the existing bridges and structures shall be carried as
per paragraph 7.22 of the Manual. Floor protection works shall be as specified in the
relevant IRC Codes and Specifications.

The existing bridges and structures to be repaired / strengthened, and the nature and
extent of repairs /strengthening required are given below:

A. Bridges

Rehabilitation/Repair of existing Major Bridges

Design
Sl. Chainage of
Nature and extent of repairs/strengthening to be carried out
No. Bridge
As per details provided in clause 7.3.4

B. ROB/RUB

Sl. Design Chainage of ROB Nature and extent of repairs /strengthening to be

No (Km) carried out
Nil

C. Overpasses/Underpasses and other structures

Design Chainage of Overpass Nature and extent of repairs /strengthening
Sl. No / Underpass (Km) to be carried out
Nil

7.7 List of Major/Minor Bridges and Structures

The following is the list of the Major Bridges, Minor Bridges and Flyovers &
ROB’s:
 168

Sl. No Design Chainage Remark

1 36+886 Major Bridge (Main Carriageway & Service Road)
2 37+388 Minor Bridge (Main Carriageway & Service Road)

8 TRAFFIC CONTROL DEVICES AND ROAD SAFETY WORKS

8.1 Traffic control devices and road safety works shall be provided in accordance with
Section 9 of the Manual.
a) Traffic Signs:
Traffic signs include roadside signs, overhead signs and curb mounted signs along the
entire Project Highway.
b) Pavement Marking:
Pavement markings shall cover road marking for the entire Project Highway.
c) Safety Barrier:
Provide Thrie-beam crash barrier along the project highway at the locations as
suggested in Manual.
8.2 High Intensity Micro-Prismatic Grade Sheeting (HIP) (Type IV) shall be provided

8.3(a) Thrie-beam crash barrier shall be provided along the project highway at the
following locations as per Section 9.7.2 of the Manual.
Sl. Location of Thrie Length
Side of the Project Road Remarks
No. Beam Crash Barrier (m)
Main Carriageway – 2 rows in median
1 11976
Median Location (except MCW via-duct)
2 rows in separator (Both
Main Carriageway – direction)
2 5425
Separator Location (except MCW via-duct and
approach)
Service road –
3 11925 1 row in RoW (Both side)
Footpath side

The provision given for thrie beam crash barrier is minimum. The contractor may enhance
these provisions to ensure road safety wherever necessity.
8.3(b) Provide RCC-M 40 crash barrier for a length of 20m before and after viaduct of all
structures on either side (Center Median side left for future expansion and Service Road side)
of the main carriageway.
8.4 Transverse Rumble strip shall be provided at service road and crossroads approach
leads to Vehicular Underpass, Light Vehicle Underpass, and Major & Minor Junction
as per the standard drawing Appendix B-12 of Schedule-B in this manual.
 169

Design Chainage
Sl.No Structure Remarks
(km)

1 35+482 LVUP At-grade junction (6 Set*)

2 37+225 VUP At-grade junction (6 Set*)
3 39+040 SVUP At-grade junction (4 Set*)
4 41+650 VUP At-grade junction (6 Set*)
5 42+200 Minor Junctions At-grade junction (3 Set*)
6 42+300 Minor Junctions At-grade junction (3 Set*)
7 43+900 SVUP At-grade junction (4 Set*)
8 45+000 Minor Junctions At-grade junction (3 Set*)
9 45+660 Minor Junctions At-grade junction (3 Set*)
10 45+835 LVUP At-grade junction (6 Set*)
11 47+228 VUP At-grade junction (6 Set*)
* - Thermoplastic Marking of 200mm to 300mm wide and 20mm to 30mm height at
1000mm apart (one set is of 6 Strips) as per IRC: 99-2018 standards.
The provision given for rumble strips is minimum. The contractor may enhance these
provisions to ensure road safety wherever necessity.

8.5 Transverse Road Hump shall be provided at service road approach leads to Vehicular
Underpass, Light Vehicle Underpass, Major & Minor Junction as a minimum / as per
the standard drawing Appendix B-12 of Schedule-B in this manual.

Nil

The above table indicates locations of rumble strip and road hump as in the approach
roads of minor and major junctions. These junctions need be taken into account in the
improvement proposal. The provision given for road humps is minimum. The
contractor may enhance these provisions to ensure road safety wherever necessity.
9 Roadside Furniture
9.1 Roadside furniture shall be provided in accordance with the provisions of Section 9 of
the Manual.
9.2 Pedestrian Guard Rail shall be followed at following locations as a minimum:
Pedestrian guardrail: Provide pedestrian guardrail at each bus stop location.
Pedestrian Crossings: Provide pedestrian crossing facilities on service road and
cross roads.
Note: The exact location of Signs and size shall be finalized as per provisions in
Manual and as per site conditions.
9.3 Pedestrian/Animal (Cattle) Crossings shall be provided at following locations as
a minimum:
 170

Sl. No. Design Chainage (Km) Location ( village Name)

Nil
9.4 Overhead traffic signs (Overhead Gantry): Proposed shall be provided at starting and
ending of the project road and at the starting and ending of exit and entry ramps.
9.5 Delineators:
Delineators for the entire Project Highway at the locations as suggested in Schedule
D.
10 Compulsory Afforestation:
The 4910 nos of trees which are required to be planted by the Contractor as
compensatory afforestation should be as per Forest Conservation Act and EMP of the
project. The number of trees to be cut/transplantation and planted as compensatory
afforestation shall be as finalized by the Authority’s Engineer and the trees shall be
maintained till the completion of maintenance period of the project.
11 Avenue Plantation
Trees shall be planted on the project highway within ROW or at location as per the
directions of the Authority Engineer and as per the provisions of the Manual.
12 Hazardous Locations
The safety barriers shall also be provided at high embankment and at sharp curve as
per Manual. The hazardous location must be provided along with the required
signages.
12.1 Safety Barriers
The safety barriers shall be provided as per section 9 of the Manual
12.2 Retaining Wall
Retaining Wall shall be provided on both sides of the project highway to retain the
embankment slope within the proposed ROW. Length of retaining wall given below is
Length Height
Sl. No. Design Chainage (Km) Remarks
(m) (m)
From To
Entire Length on both sides as per requirements to retain the earth within the width
specified in TCS
The provision given for retaining walls minimum. The contractor may enhance these
provisions to ensure road embankment is within the RoW wherever necessity.
13 Special Requirements for Hill Roads:

The project road is passing through plain/rolling terrain therefore special requirement
for hill roads shall not be required.

14 Change of Scope
 171

The length of Structures, bridges, pavement compositions and other facilities

specified hereinabove shall be treated as an bare minimum requirements. Any invert
level in connection with culverts and minor bridge has to be confirmed by the
contractor and there should be minimum clear height of 1.5m to be maintained or
otherwise mentioned. 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 addition in the length
arising out of a Change of Scope expressly undertaken in accordance with the
provisions of Article 13.
 172

Appendix-B-1

(Schedule-B)

TCS-1 Six Lane At-grade Road with Service Road on both sides
 173

TCS-2 Approach Portion of Underpasses with Service Road on both sides

 174

Appendix-B-1

(Schedule-B)

TCS-3 Viaduct Portion of Underpasses with Service Road on both sides

 175

Appendix-B-2
(Schedule-B)
Typical Cross Section Schedule:
Type of
Sl.N Design Chainage (Km) Length Typical
Remarks
o (m) Cross
From To Section
1 35+000 35+050 50 TCS-1
2 35+050 35+475 425 TCS-2
3 35+475 35+495 20 TCS-3 LVUP
4 35+495 35+910 415 TCS-2
Entry & Exit Ramp for 390m on
5 35+910 36+630 720 TCS-1
both side
VUP Approach with Major
Bridge for 250m (11 Nos of 25m
6 36+630 37+210 580 TCS-2 Span) for Main Carriageway &
250m (22 Span of 12.5m Span)
for Service Road
7 37+210 37+235 25 TCS-3 VUP
VUP Approach with Minor
Bridge for 25m for Main
8 37+235 37+770 535 TCS-2
Carriageway & Service Road(2
Nos of 12.5m Span)
9 37+770 38+640 870 TCS-1
10 38+640 39+040 400 TCS-2
11 39+040 39+047 7 - SVUP
12 39+047 39+360 313 TCS-2
13 39+360 40+980 1620 TCS-1
14 40+980 41+640 660 TCS-2
15 41+640 41+665 25 TCS-3 VUP
16 41+665 42+180 515 TCS-2
17 42+180 43+610 1430 TCS-1
18 43+610 43+880 270 TCS-2
19 43+880 43+887 7 - SVUP
20 43+887 44+250 363 TCS-2
Entry & Exit Ramp for 390m on
21 44+250 45+400 1150 TCS-1
both side
22 45+400 45+825 425 TCS-2
23 45+825 45+845 20 TCS-3 LVUP
24 45+845 46+210 365 TCS-2
25 46+210 46+670 460 TCS-1
26 46+670 47+210 540 TCS-2
27 47+210 47+235 25 TCS-3 VUP
28 47+235 47+770 535 TCS-2
29 47+770 47+800 30 TCS-1
 176

Appendix B-3
Drawings of Major Junctions & Typical Drawing of Minor Junctions

Refer: Highway Drawings

Appendix B-4
Drawings of Minor Bridges Proposed Reconstruction

Nil

Appendix B-5
Drawings of Minor Bridges proposed for Widening

Nil

Appendix B-6
Drawings of Minor Bridges Proposed New construction

Refer: Highway and Structural GA Drawings

Appendix B-7
Drawings of Culverts Proposed Reconstruction

Nil

Appendix B-8
Drawings of Culverts Proposed New construction

Refer: Highway Drawings

Appendix B-9
Drawings of Culverts Proposed Widening

Nil
 177

Appendix B-10
ROB/RUB

Nil

Appendix B-11
Grade Separators

Nil

Appendix B-12
Drawings of Rumble Strips & Road Humps

Refer: Highway Drawings

 178

SCHEDULE - C
(See Clause 2.1 of GCC)
E. PROJECT FACILITIES
1 Project Facilities
The Contractor shall construct the Project Facilities in accordance with the minimum
proposed provisions of this Agreement. Such Project Facilities shall include:
(a) Roadside furniture;
(b) Street lighting;
(c) Pedestrian facilities;
(d) Landscaping & tree plantation;
(e) Rest areas;
(f) Bus-bays and Bus shelters;
(g) development of site for wayside amenities;
(h) Traffic aid posts;
(i) Medical aid posts;
(j) Vehicle rescue posts;
(k) deleted
(l) Exit & Entry Ramp
(m) Emergency Median Opening

2. Description of Project Facilities

Each of the Project Facilities is briefly described below:
(a) Road side Furniture
The roadside furniture shall include the provision of the;
i. Traffic Signs
Traffic signs include roadside signs (mandatory / warning / informatory), overhead
signs and curb mounted signs along the entire Project Highway as per manual
recommended in Schedule D.
ii. Pavement Markings
Pavement markings shall cover road marking for the entire Project Highway as per
manual recommended in Schedule D. Road studs shall be provided at the edge lane
marking, acceleration lane, deceleration lane, weaving portion, chevron markings,
entry/exit ramps, bus bays, zebra crossings, etc as per Manual.
 179

iii. LED Traffic Blinkers

For all Pedestrian cross walks along the alignment, at all Major & Minor Junction
locations, at all median openings and at Curve locations where curve radius not
confirming to minimum radius as per design standards and any other locations
specified in relevant manual recommended in Schedule D.
iv. Thrie Beam Crash Barrier, Concrete Crash Barriers, Separators (M. S.
Railings)
Thrie Beam Crash Barrier shall be provided in accordance with the Manual of
Specifications and Standards as referred in Schedule D. In addition, Thrie Beam
Crash Barrier shall be provided in the median, separator &ROW as per TCS.
The concrete barrier having height of 900mm shall be provided at approaches to all
structures.
v. Delineators
Delineators for the entire Project Highway at the locations as suggested in relevant
IRC Manual recommended in Schedule D. The object hazard markers are proposed
at the start of concrete crash barrier of structures and other raised features like
island, piers, etc., adjacent to the riding surface.
vi. Boundary stones
For the entire Project Highway as suggested in relevant IRC Manual
recommended in Schedule D.
vii.Hectometer / Kilometer stones
For the entire Project Highway as suggested in relevant IRC Manual recommended
in Schedule D.
(b) Street Lighting
Street lighting shall be provided in median and footpath for the entire stretch of the
project and in accordance with the Manual of Specifications and Standards as
referred in schedule D. Lighting shall also be provided at all structures (Major
Bridges, Vehicular Underpasses and Pedestrian / Cattle Underpasses) as per manual
recommended in Schedule D. Solar powered LED lights shall be used for the
highway lighting. The space for installation of solar panels shall be finalized by the
Authority. High mast lights shall be provided at entry/exit ramps and truck lay byes.
(c) Pedestrian Facilities
Pedestrian facilities shall be provided as per specifications and standards specified
in Schedule D.
(d) Landscaping and Tree Plantation
Location of Landscaping at Toll Plaza, major intersections, minor interchange etc..,
 180

Landscaping within ROW of the project highway shall be done as per specifications
and standards specified in Schedule D. Shrubs shall be planted on the central
median as per IRC.
(e) Rest areas:
Tentative location of Rest area is given below. However, suitable locations shall be
decided in consultation with Authority and Authority’s Engineer.
Sr. No. Design Chainage Location Side
Nil
(f) Bus-bays and Bus Shelter

The Contractor shall provide minimum of 10 Nos. (LHS & RHS) of Bus Bays
along with Bus Shelters along the project highway and the locations are given
below. The design of Bus Bays should be aesthetically pleased with surrounding.
The locations of these bus bays shall be finalized by the Contractor in consultation
with Authority’s Engineer.

Sr. No. Locations

LHS RHS
1 35+260 35+716
2 37+475 37+480
3 41+062 42+527
4 46+054 45+980
5 46+948 47+542
Note: Exact location of the Bus Bays / Bus Shelter shall be decided at site in consultation
with Authority Engineer.

(g) Development of site for wayside amenities

Development of site for wayside amenities shall be provided as per specifications

and standards specified in Schedule D.

(h) Traffic Aid Posts

Traffic aid posts shall be provided as per specifications and standards specified in
Schedule D.

Traffic aid post shall be constructed in the place identified by the Authority but
within the Project Corridor not exceeding 25 sqm of plinth area. 2 Nos. of patrolling
vehicles should be provided at these posts to carry out the obligations. Patrolling
should be conducted through Mobile Patrol Team with provision of latest available
mobile handset with unlimited talk time replaceable after 2 years. The patrolling
team shall remain in contact with control room on a real time basis. The patrol shall
render assistance users in distress and disabled vehicles through own intervention or
 181

by calling for assistance from control room, crane operator or ambulance. The patrol
shall promptly clear the road of any obstructions. The specification of patrol vehicle
should be as per the Annexure-C of IRC: SP:87-2019.

In addition to the above, additional traffic aid posts shall be established in the Truck
lay byes. These additional traffic aid posts shall be handed over to the State police
department for operation.

(i) Medical Aid Posts

Medical Aid Posts shall be provided in the place identified by the Authority but
within the Project Corridor as per specifications and standards specified in Schedule
D. Medical aid post shall be set up with 2 Nos. of two patient capacity rescue
Ambulances with round-the-clock services for victims of accidents on the Project
Highway. Each ambulance should have the minimum manpower of one EMT staff
and a driver. The specification of medical aid post, ambulance and manpower should
be as per the Annexure-D of IRC:SP:87-2019.

In addition to the above, additional medical aid posts shall be established in the
Truck lay byes. These additional medical aid posts shall be handed over to the State
medical department for operation.

(j) Vehicle Rescue Posts

Vehicle rescue posts shall be provided in the place identified by the Authority but
within the Project Corridor as per specifications and standards specified in Schedule
D. Vehicle Rescue post shall be constructed with 1No. of crane (minimum 20MT)
services to tow away the disabled vehicles along with necessary man power/ driver/
operator. The rescue posts should have all the necessary equipment to reach the site
within 15 minutes of call and clear the disables/accidental vehicles. It shall also be
fitted with a GPS based vehicle tracking system to monitor its movement.

(k) Telecom System

deleted

(l) Highway Traffic Management System.

deleted
 182

(m) Entry& Exit Ramp

Entry & Exit ramps shall be provided in accordance with the Manual of
Specifications and Standards as referred in schedule D.

Design Chainage Length of

Design Chainage
S. No. Entry & Exit Remarks
Location From To
Ramp
Both Side of
1 36+300 36+105 36+495 390
Carriageway
Both Side of
2 45+200 45+005 45+395 390
Carriageway

Drawings of Exit & Entry

Refer: Highway drawings
(n) Emergency Median Opening
Emergency Median Opening shall be provided as per Manual of Specifications and
Standards specified in schedule D. Emergency Median Opening shall be provided
20m length at every 2.5 km interval along the Main carriageway , if any rescue and
during maintenance period traffic flow can be diverted in opposite lane with traffic
management. New Jersey barrier shall be provided at the Emergency locations. New
Jersey Barrier should be minimum 2.0 m long pre-cast reinforced concrete modular
pieces with shaped ends that can be interlocked and connected. The Contractor shall
provide minimum of 6 Nos. (20m length) of emergency median opening along the
project highway.
3. Utilities
Provision of accommodating utilities has been made over as well as underground
within utility corridor i.e. under footpath on either side of the Project Highway.
4. Rainwater Harvesting
As per Ministry of Environment and Forests Notification, New Delhi dated
14.01.1997 (as amended on 13.01.1998, 05.01.1999 & 6.11.2000), the construction of
rainwater harvesting structure is mandatory in and around Water Crisis area, notified
by the Central Ground Water Board. RWH pits shall be constructed on the
downstream of all the culverts in the project. Storm water harvesting method shall be
as per the IRC: SP:42-2014 and site condition.
5. Facilities for Employer
5.1 The contractor has to provide furnished site office to the Authority Engineer during
construction as stated in Schedule N .
 183

Specifications and Standards

 184

SCHEDULE –D

(See clause 2.1)

SPECIFICATION AND STANDARDS

1. Construction:
The Contractor shall comply with the Specifications and Standards set forth in Annex-
I of the Schedule-D for construction maintenance of the Project Highway.
2. Design Standards:
The Project Highways including Project Facilities shall conform to design
requirements set out in the following documents:
Manual of Specification and Standards for Six Laning of Highways through Public
Private Partnership (IRC: SP: 87-2019), referred to herein as the Manual.
 185

Annex - I
(Schedule-D)

Specifications and Standards for Construction

1 Specifications and Standards

All Materials, works and construction operations shall conform to the Manual of
Specification and Standards for Six Laning of Highways through Public Private
Partnership (IRC: SP: 87-2019), may be referred to as the Manual, and MORTH
Specifications for Road and Bridge Works 5th Revision 2013. Where the specification
for a work is not given, Good Industry Practice shall be adopted to the satisfaction of
the Authority’s Engineer/Employer.

“Wherever any provision in the Schedule – D contradicts with express provision

in Conditions of Contract, the provisions of Conditions of Contract shall apply”.

1.1 Deviations from the Specifications and Standards

1.1.1 The terms “Concessionaire”, “Independent Engineer” and “Concession Agreement”

used in the Manual shall be deemed to be substituted by the terms “Contractor”,
“Authority’s Engineer” and “Agreement” respectively. Other deviations to the manual
are given below.

Sl. No. Clause No. Description Deviation

1 Clause 2.17 Typical Cross Section
Lane Configuration, width of
carriageway and Paved Shoulders
shall be provided as per the typical
cross sections given at Appendix
B-1 of Schedule B.
2 Clause 2.5 Median Width and type of median shall be
as per the typical cross sections
given at Appendix B-1 of
Schedule B.
3 Clause 2.12.2 Width of Service Width of service road shall be as
Road per the typical cross sections given
at Appendix B-1 of Schedule B.
4 Clause 2.14 Median Opening No median opening proposed in the
project whereas emergency
openings proposed at selected
locations.
5 Clause 2.15 Footpath & Drain Size and location of Footpath and
drain shall be as per the typical
cross sections given at Appendix
 186

Sl. No. Clause No. Description Deviation

B-1 of Schedule B.

6 Clause 2.16 Utility corridor Utility corridor along the project

highway shall be as per the typical
cross sections given at Appendix
B-1 of Schedule B. (under the
footpath on both sides)
7 Clause 4.2 Road Embankment: The minimum FRL shall be
Principles for height followed as per the Plan & Profile
of embankment drawings given in Annex III of
Schedule A.
8 Clause 5.2 Provision of Flexible The type of Pavement shall be as
or Rigid Pavement per Clause 5.2 of Annex-I of
Schedule B.
9 Clause 6.2 Type of roadside The type of road side drain shall be
drain as per the Typical cross sections
given in Appendix B-1 of
Schedule B.
10 Clause 12.7 Busbay Layout Busbay layout and the location shall
be as per “Schedule C” and the
layout given in “of Highway
Drawings”

1.1.2 Notwithstanding anything to the contrary contained in Paragraph 1 above, the

MORTH Specifications for Road and Bridge Works 5th Revision 2013 shall be
amended to the extent given in Appendix D-1 to this Schedule D.

1.1.3 Rate and Measurement for Payment as given MORTH Specifications for Road and
Bridge Works 5th Revision 2013 including amendments given in Appendix D-1 to
this schedule D shall not be applicable and replaced by appropriate clauses of
Conditions of Contract together with Schedules. Any reference to Bill of Quantities in
this Schedule – D shall be deemed to be modified by the provisions of Conditions
of Contract. The Employer’s ESHS and procurement staff should consider how the
Contractor will cost the delivery of the ESHS requirements. In the majority of cases,
the payment for the delivery of ESHS requirements shall be a subsidiary obligation of
the Contractor covered under the prices quoted for other Bill of Quantity items. For
example, normally the cost of implementing work place safe systems of work,
including the measures necessary for ensuring traffic and road safety, shall be covered
by the Tenderer’s rates for the relevant works.

1.1.4 The Contractor has to carry out all the measures included in the Environment
Management Plan and EMoP as given in Annex-IV of Schedule A.
 187

TECHNICAL SPECIFICATIONS
2 Introduction
2.1 This Particular Technical Specification revises certain Causes of MORTH
Specifications for Road and Bridge Works 5th Revision2013.
2.2 The amendments, if any, issued to the MORTH Specifications for Road and Bridge
Works Fifth Revision 2013 shall apply to the relevant Clauses, otherwise as specified
in this Section.
2.3 The following list shows the Clauses of the MORTH Specifications, which are
modified or added by this Particular Technical Specifications:
Section 100: 105, 106, 111, 112, 114 and 120
Section 200: 201 and 202
Section 300: 301, 304, 305, 306 and 309
Section 400: 401, 406, 409 and 410
Section 500: 501, 502, 503, 504, 505, 507, 508, 510 and 516
Section 800: 801, 802, 803, 805, 807, 809, 8.11 and 813
Section 1000: 1002, 1006, 1007, 1008 and 1014
Section 1500: 1501, 1502, 1506 and 1513
Section 1600: 1602, 1603 and 1605
Section 1700: 1705, 1706, 1707 and 1715
Section 1800: 1803
Section 2000: 2005, 2009 and 2011
Section 2100: 2104
Section 2200: 2204 and 2210
Section 2500: 2504 and 2507
Section 2700: 2703, 2706 and 2708
Section 2900: 2906, 2910 and 2911
Section 3000: 3001
 188

2.4 Additional Specifications

The Clauses A-1 to A-7 have been added to the “SPECIFICATIONS FOR ROAD
AND BRIDGE WORKS” (Fifth Revision, April 2013).
Clause A-1 DIVERSION AND FILLING OF EXISTING WATER COURSES
ALONG THE ROAD ALIGNMENT
Clause A-2 CHUTE DRAIN FOR HIGH EMBANKMENT SECTIONS
Clause A-3 SPECIFICATIONS FOR PAINTING OF STRUCTURES WITH
SYNTHETIC ENAMEL PAINT/ WATER PROOFING CEMENT
PAINT
Clause A-4 CONTROLLED BLASTING
Clause A-5 INTER LOCKING CONCRETE BLOCKS
Clause A-5AINTER LOCKING PAVER BLOCKS FOR RAISED
PEDESTRIAN CROSSING
Clause A-6 UTILITY DUCTS
Clause A-7 FILLING OF OPEN WELL
Clause A-8 POST CONSTRUCTION SERVICES
Clause A-9 SPECIFIC PROVISIONS FOR PROTECTION OF
ENVIRONMENT
In the absence of any definite provisions on any particular issue in the aforesaid
Specifications, reference may be made to the latest codes and specifications of IRC,
BIS, BS, ASTM, AASHTO and CAN/CSA in that order. Where even these are silent,
the construction and completion of the works shall conform to sound engineering
practice as approved by the Engineer.

SECTION 100 GENERAL

CLAUSE 105 SCOPE OF WORK
Sub Clause105.3
Add the following to the Sub Clause 105.3
The QA programme shall also conform to the requirements of EN ISO 9001.
CLAUSE 106 CONSTRUCTION EQUIPMENT
Add the following sub Para (l) after sub Para (k):
All measuring devices and gauges shall be in good working condition. Measuring devices
that can affect product quality shall be calibrated prior to use and at prescribed intervals
against certified equipment. Calibration procedures shall be established, maintained and
documented and corrective actions taken when results are unsatisfactory. Calibration of all
 189

measuring devices and gauges etc., which the Contractor intends to use in the contract, shall
be calibrated from a competent/reputed authority/agency accredited to NABL and the
frequency of the calibration shall be as directed by the Engineer. Accuracy and fitness of
measuring devices shall be ensured by proper maintenance.
CLAUSE 111 PRECAUTIONS FOR SAFEGUARDING THE ENVIRONMENT
Replace entire Clause 111 with the following:
Sub Clause111.1 General
The Contractor shall take all precautions for safeguarding the environment during the course
of the construction of works. He shall abide by all rules, regulations and laws in force
governing pollution and environmental protection that are applicable to the area where the
works are situated.
NOISE:
The Contractor shall mitigate against any sustained increase in base line ambient Noise levels
at sensitive receptors during construction of work.
All construction operations shall be performed in a manner to minimize noise and vibration.
The noise levels to be maintained during construction period at construction camps and at
construction sites are detailed below.
 75 dB (A) for day;
 70 dB (A) for night;
 50 dB (A) for day and 40 dB (A) for night for sensitive receptors
If the noise levels are found to be above these standards and it is determined by the Engineer
that these levels are due to the equipment or plant being deployed by the Contractor, only
3dB increase will be allowed per IFC guideline, he shall undertake, at his own cost measures
as approved by the Engineer, to bring these levels down to the specified levels. Blasting
should be done as per Indian Explosive Act. People living near such blasting sites shall have
prior information of operational hazards. Blasting will not be undertaken at night. Workers at
blasting sites will be provided with earplugs. Material haulage roads will be properly
regulated. Labour shall be warned against the hunting of wild life, if any. No archaeological
site shall be disturbed.
Sub Clause 111.2 Borrow pits for Embankment Construction
Borrow pits shall not be dug within the Right-of-Way of the road. Arable lands will not be
used for earth borrowing. The Contractor will ensure that proper excavation techniques are
used to improve stability and safety of the borrow area. The excavation shall be carried out in
such a way that the area does not inundate during monsoons or generate cesspools of water to
become mosquito-breeding sites. The stipulations in Clause – 305.2.2 shall govern. The
borrow pits shall not be left in a condition likely to cause damage to human and animal life.
Sub Clause 111.3 Quarry Operations
The Contractor shall obtain material from licensed quarries only after the consent of the
concerned department or other concerned authorities. The quarry operation shall be
 190

undertaken within the purview of the rules and regulations in force. The Contractor shall
ensure scheduling the movement of transport carrying material to and from the site during
non-peak hours. The trucks carrying all the dusty material, red earth, moorum and fly ash/
pond, ash shall be covered with a tarpaulin and provided with adequate free board to prevent
spillage. End boards shall be provided in loaders to prevent spillage.
Stockpiling of material shall be properly planned so as to ensure that no traffic jam takes
place on the highway.
Sub-Clause 111.4 Control of Soil Erosion, Sedimentation and Water Pollution
The Contractor shall carry out the works in such a manner that soil erosion is fully controlled,
and sedimentation and pollution of natural water courses, ponds, tanks and reservoirs is
avoided. The stipulations of Clause 306 shall govern.
Sub Clause 111.5 Precautions against Dust
The Contractor shall take all reasonable steps to minimize dust nuisance during the
construction of the works. All existing highways and roads used by vehicles of the Contractor
or any of his sub-Contractors or suppliers of materials or plant, and similarly any new roads
which are part of the works and which are being used by traffic shall be kept clean and clear
of all dust / mud or other extraneous material dropped by the said vehicles or their tyres.
Similarly, all dust / or mud or other extraneous material from the works spreading on these
highways shall be immediately cleared by the Contractor. Clearance shall be effected
immediately by manual sweeping and removal of debris, or, if so directed by the Engineer, by
mechanical sweeping and clearing equipment, and all dust, mud and other debris shall be
removed entirely from the road surface. Additionally, the road surface including haul road
from Quarries and Plants shall be hosed or watered using suitable equipment to avoid dust
pollution. Special care shall be taken to combat dust problem originating from use of fly
ash/pond ash.
Sub Clause 111.6 Pollution from Hot Mix Plant, WMM Plant, Batching Plant &
Crusher and
Other Construction Machinery
The Contractor shall ensure the use of a relatively new, well maintained hot mix plant (batch
type) so that any emission conforms to the CPCB and TNPCB norms and be fitted with a dust
extraction unit to avoid prolonged engine powered equipment illness. Hot Mix Plant, WMM
plant, Batching Plant & Crusher etc., shall be located more than 500 m from any community
or residence and 1 km away from the sensitive receptors (schools, hospitals), unless
otherwise required by the statutory requirements. The Contractor has to obtain necessary
consent/clearance from State Pollution Control Board to operate Hot Mix Plant, WMM plant,
Batching Plant, DG Set & Crusher before commencement of works. All vehicles, equipment
and machinery needed for construction will be regularly maintained to ensure that pollution
emission levels conform to CPCB and TNPCB norms. All vehicles should be fitted with
silencers.
 191

Construction vehicles, machinery & equipment will move or be stationed in designated areas
to avoid compaction of soil to ensure the preservation of the top soil for agriculture. The
Contractor shall be fully responsible for any claims or damages caused to the owners of the
property, field and residences in the vicinity and violation of pollution control norms if any.
Sub Clause 111.7 Road Safety
The Contractor shall provide adequate circuit for traffic flow around construction areas,
control speed of construction vehicles through road safety and training of drivers, provide
adequate signage, barriers and flag persons for traffic control. If there are traffic jams during
construction, measures shall be taken to relieve the congestion with the assistance of local
traffic police. Safety of workers undertaking various operations during construction will be
ensured by providing helmets, masks, safety goggles, etc. One Qualified Safety Officer and
one Safety Supervisor must be available in the Contractor’s working team for the entire
construction period.
The Contractor shall submit the construction safety check list in the format given below filled
up to fourth column to the Engineer by 5th of every month. The Engineer shall fill up the
remaining column of the check list and forward to the Employer within a week period.

Sl. Non Corrective

Safety Issues Yes No Penalty Remarks
No. compliance Action
Safety during Construction Stage
Appointment of qualified
1
Construction safety officers
Approval for Construction
2 Safety Management Plan by
the Engineer.
Approval for Traffic
Management/control Plan in
3
accordance with IRC: SP:
55-2001
Maintenance of the existing
4 road stretches handed over
to the Contractor.
Provision of Temporary
Traffic
5
Barriers/Barricades/caution
tapes in construction zones
Provision of traffic sign
6
boards
Provision for flags and
7
warning lights
Provision of metal
8 drum/empty bitumen drum
delineator, painted in
 192

Sl. Non Corrective

Safety Issues Yes No Penalty Remarks
No. compliance Action
circumferential strips of
alternate black and white
100mm wide 2 coats fitted
with reflectors 3 Nos of
7.5cm diameter
Providing plastic crash
9
barrier
Provision of adequate
staging, form work and
10 access (ladders with
handrail) for works at a
height of more than 3.0 m
Provision of adequate
shoring / bracing /
11 barricading / lighting for all
deep excavations of more
than 3.0 m depth.
Demarcations (fencing,
12 guarding and watching) at
construction sites
Provision for sufficient
13 lighting especially for night
time work
Arrangements for controlled
14 access and entry to
Construction zones
Safety arrangements for
15
Road users / Pedestrians
Arrangements for detouring
16
traffic to alternate facilities
Regular Inspection of Work
Zone Traffic Control
17
Devices by authorized
contractor personnel
Construction Workers
safety - Provision of
18
personnel protective
equipment’s
A. Helmets
19 B. Safety Shoe
C. Dust masks
 193

Sl. Non Corrective

Safety Issues Yes No Penalty Remarks
No. compliance Action
D. Hand Gloves
E. Safety Belts
F. Reflective Jackets
G. Earplugs for labour
Workers employed on
bituminous works, stone
crushers, concrete batching
20
plants etc. provided with
protective goggles, gloves,
gumboots etc.
Workers engaged in
welding work shall be
21
provided with welder
protective shields
All vehicles are provided
22
with reverse horns.
All scaffolds, ladders and
other safety devices shall be
23
maintained in as safe and
sound condition
Regular health check-ups
24 for Labour/ Contractor's
personnel
Ensuring the sanitary
conditions and all waste
25
disposal procedures &
methods in the camps.
The Contractor shall
provide adequate circuit for
traffic flow around
construction areas, control
speed of construction
26
vehicles through road safety
and training of drivers,
provide adequate signage,
barriers and flag persons for
traffic control
Provision for insurance
27 coverage to the contractor's
personnel
 194

Sub Clause111.8 Sanitation & Waste Disposal in Construction Camp

The Contractor shall ensure that construction camps are located at a distance of minimum
200m from water sources. Special attention shall be paid to the sanitary conditions of the
camps. The Contractor shall ensure that sufficient measures are taken i.e. provision of
garbage tanks and sanitation facilities. Waste in septic tanks shall be cleaned periodically.
Garbage shall be collected in four empty drums at each construction site and disposed off
daily. The Contractor shall provide adequate measures for the health care of workers and
arrange their regular medical check-up to ensure that they do not suffer from any
communicable disease. At every workplace, good & sufficient water supply will be
maintained to avoid waterborne/ water related diseases. If any pits are dug at construction /
camp sites which are not filled and then may turn into mosquito breeding sites during
monsoons shall be filled up properly so that no water accumulates. The construction camps
shall conform to the state and national building regulations as applicable.
Sub Clause111.9 Substance Hazardous to Health
The Contractor shall not use or generate any material in the works, which is hazardous to the
health of persons, animals or vegetation. Where it is necessary to use some such substance
which can cause injury to the health of the workers, the Contractor shall provide suitable
protective clothing or appliances to his workers, viz. earplugs, helmets or dust masks. Sealed
containers of hazardous materials shall be stored in a well ventilated room, well guarded and
secured.
Sub Clause 111.10 Damage to Existing road/ CD Structures
Any structural damage caused to the existing roads/structures by the Contractor’s
construction equipment shall be made good without any extra cost.
Sub Clause 111.11 Use of Nuclear Gauges
Nuclear gauges shall be used only where permitted by the Engineer. The Contractor shall
provide the Engineer with a copy of the regulations governing the safe use of nuclear gauges
he intends to employ and shall abide by such regulations. Without written approval, no such
equipment shall be used at any level of the work.
Sub Clause 111.12 Environmental Monitoring
In order to carry out periodic checks, environmental monitoring will be carried out by the
Authority’s Engineer as per schedule and if any parameter is found above the acceptable
standards, mitigation measures / control measures as decided by the Authority’s Engineer
shall be complied with by the Contractor.
Sub Clause 111.13 Protections of Existing Trees
Some of the existing trees within the right of way are likely to be cut down during the
execution of the Work. The Contractor shall take all necessary measures to ensure safety and
protection of the remaining trees from any action whatsoever relating to his construction
operations in the adjoining areas.
 195

Giant neighborhood trees recognized locally as important shall be preserved and engineering
designs modified to accommodate these wherever possible depending on Authority’s
Engineer’s directions.
Sub Clause 111.14 Disposal of Materials outside Work Site
Notwithstanding other relevant provisions in the contract, the excess material generated by
dismantling, excavation, waste material and lubricants, used oil, gasoline and other such
substance etc., shall be removed from site outside the right of way at regular intervals and site
shall kept clean from all such disposable materials. Grease, cotton and other waste
construction materials shall be disposed off in shallow pits and periodically burnt in a
incinerator constructed at each construction site. Such intervals shall not exceed one month
under any circumstances. The selection of the disposal site shall be the responsibility of the
Contractor and he shall ensure that the selected site does not result in any claim for damages
to the Employer or violation of any existing laws.
This section of Technical Specifications sets out instructions, recommended standards and
technical specifications for the design and implementation of EMP mitigation works
associated with construction of roads.
Environmental Management Plan has been prepared for the Project road, which needs to be
followed during the implementation of the civil works. The key responsibility of the
contractor/sub-contractor will be the successful implementation of the EMP. In addition, he
will update the Authority and Authority’s Engineer on the progress of environmental
protection and / or enhancement works as envisaged in the EMP. Execution of environmental
mitigation measures meeting the requirement of Technical Specifications in conformity with
applicable legislation will be the responsibility of the contractor. It shall also be accompanied
with relevant documents (statements of compliance, certificates of compliance, test reports,
etc.), evidencing their conformity with the statutory regulations.
111.14.1 DISPOSAL OF UNSERVICEABLE MATERIALS
The locations of Disposal sites have to be selected such that:
o Locating the disposal sites is the sole responsibility of the contractor with the approval of
Engineer.
o Joint inspection of all disposal sites shall be done by Engineer and Contractor prior to
approval.
o No residential area are located downwind side of these locations,
o Disposal sites are located at least 1000 m away from sensitive locations like Settlements,
Water body, notified forest areas, Sanctuaries or any other sensitive locations.
o Disposal sites do not contaminate any water sources, rivers etc for this site should be
located away from water body and disposal site should be lined properly to prevent
infiltration of water.
o Public perception about the location of debris disposal site has to be obtained before
finalizing the location.
 196

o Permission from the Village/local community is to be obtained for the Disposal site
selected.
o Contractor will resolve all claims arising out of waste disposal at his own cost.
o Contractor shall utilize the suitable borrow areas, abandoned quarries and other waste
land for the debris disposal.
o Contractor needs to plan the disposal in the following way:
 Identify the disposal area.
 Prepare a Contractors debris disposal plan with design drawings for each identified
area and get it approved by the Engineer.
 Need to photograph the present land use and condition of the area.
 Construct all required structures (e.g. retaining wall).
 The dumpsites filled only up to the ground level with compaction of the debris
materials in layers after disposal.
 The 30 cm top layer of disposal pit shall be provided with good earth suitable for
development of vegetation/plantation.
 After levelling, the site could be suitably rehabilitated by planting local species of
grass (turfing), shrubs and other plants as decided by the Engineer.
111.14.2 CONSTRUCTION OF WATER RECHARGE PITS:
Storm water recharge pits shall be located such that it should be in the valley of the surface
layout nearby cross drainage structures and other water bodies along the project road. Water
recharge pits shall be located at a height of 3 m. above the ground water table of the area as
per the Central Ground Water Board norms. Recharge pits are constructed by the side of the
guiding drains such that all the storm water shall be directed to the recharge pit. Any proposal
for change in number and location recharge pits by the contractor shall be checked and
approved by the Engineer.
Pits, trenches, abandoned dug wells, recharge wells or abandoned bore wells shall be
connected by the rainwater harvesting system with the consent of the respective owner or as
approved by the Engineer.
111.14.3 CONSTRUCTION OF SILT TRAPS:
Silt fences shall be planned such that each recharge pit will have one silt fence to prevent silt
from entering the nearest water bodies and also prevent choking of recharge pit by the silt
coming from runoff water and increase the life of recharge pits. Silt fence are mounted in
guiding drains at a distance of 3 to 5 M in the upstream direction depending on the gradient
of the guiding drains. However any proposal for change in number and location silt fences by
the contractor shall be checked and approved by the Engineer. Sand / silt removal facilities
such as sand traps, silt traps and sediment basins should be provided to remove sand / silt
particles from run-off.
 197

111.14.4 SCARIFIED BITUMEN DISPOSAL PITS:

Scarified bitumen generated out of scarification of existing pavement is used for approach
roads by mixing it with fresh bitumen or other granular materials to achieve the required
strength followed by profiling and compaction.
The left out portion of the scarified bitumen is disposed safely in a clay lined pit or as
directed and approved by the Engineer. A typical clay lined bitumen disposal pit with
standard dimensions has been worked out. The dimension of the bitumen disposal pit may
change provided the clay lining of required thickness is adhered to.
The selection of sites for disposal of scarified bitumen is made on following lines:
 Locating the bitumen disposal sites is the sole responsibility of the contractor with the
approval of Engineer.
 Selection of bitumen disposal site is avoided in the quarry regions. If the disposal site is
located in the abandoned quarry, region is suitably treatment seal the fractures and fissures.
 Joint inspection of all disposal sites shall be done by Engineer and Contractor prior to
approval.
 Disposal sites shall be located at least 1000 m away from sensitive locations like
Settlements, Water body, notified forest areas, Sanctuaries or any other sensitive locations.
 Disposal sites do not contaminate any water sources, rivers etc for this, site should be
located away from water body and disposal site should be lined properly to prevent
infiltration of water.
 Public perception about the location of bitumen disposal site has to be obtained before
finalizing the location.
 Permission from the Village/local community is to be obtained for the Disposal site
selected.
 Contractor will resolve all claims arising out of waste disposal at his own cost. Contractor
needs to plan the bitumen disposal in the following way:
 Identify the disposal area.
 Prepare a Contractors bitumen disposal plan with design drawings for each
identified area and get it approved by the Engineer.
 Need to photograph the present land use and condition of the area.
 Construct all required structures (e.g. retaining wall) along with clay lining and
measures to prevent the seepage of bitumen leach ate.
 The dumpsites filled only up to the ground level with compaction of the materials
in layers after disposal.
 The 30 cm top layer of disposal pit shall be provided with good earth suitable for
development of vegetation/plantation.
 After levelling, the site could be suitably rehabilitated by planting local species of
grass (turfing), shrubs and other plants as decided by the Engineer and the
supervision consultant.
 198

111.14.5 PROVISION FOR OIL INTERCEPTORS:

Location of Oil Interceptors shall be considered such that each construction camp having
refuelling stations, oil and lubricants storage places will have one oil interceptor to stop &
separate the floating oils. However the number of interceptors shall be increased as the
situation demands or during the accidental spillages with the consent of the Engineer.
111.14.6ENVIRONMENTAL MONITORING:
Environmental Monitoring of Air, Noise, Water and Soil parameters shall be carried by the
contractor as per the consents and latest environmental norms, guidelines and policies of
national and state level environmental authorities, compared to IFC and WHO
guidelines/standards, whichever stringent will be followed. The Contractor shall comply by
all obligations and make sure that there are no deviations from them or from the Contract.
Environmental standards for Air, Noise and water are outlined below.
1. Ambient Air Quality Standards (National)
Concentration in ambient
air
Time Ecologically
Sl. Method of
Pollutants weighted Industrial, Sensitive Area
No. measurement
average Residential, (notified by
Rural &
Central
other Areas
Government
Annual* 50 20 - Improved West and
Sulphur Dioxide Geake
1.
(SO2) μg/m3 24 hours** 80 80 - Ultraviolet
Fluorescence
Annual* 40 30 - Modified Jacob
Nitrogen Dioxide &Hochheiser (Na-
2.
(NO2) μg/m3 24 hours** 80 80 Arsenite)
- Chemiluminescence
Particulate Matter Annual* 60 60 Gravimetric
(size less than
3. - TOEM
10μm or 24 hours** 100 100
PM10μg/m3 Beta attenuation
Particulate Matter Annual* 40 40 Gravimetric
(size less than
4. - TOEM
2.5μm or 24 hours** 60 60
PM2.5μg/m3 - Beta attenuation

8 UV Photometric
Ozone (O3) 100 100
5. hours** - Chemiluminescence
μg/m3
1 hour ** 180 180 - Chemical method

Lead (Pb) μg/m3 Annual* 0.5 0.5 ASS/ICP method after

6. - sampling on EPM
24 hours** 1.0 1.0
2000 or
 199

Concentration in ambient
air
Time Ecologically
Sl. Method of
Pollutants weighted Industrial, Sensitive Area
No. measurement
average Residential, (notified by
Rural &
Central
other Areas
Government
- equivalent filter paper
- ED-XRF using Teflon
filter
Carbon Monoxide - Non Dispersive Infra
8 hour 02 02
7. (CO) mg/m3 Red (NDIR)
1 hours** 04 04 - Spectroscopy
Annual* 100 100 Chemiluminescence
Ammonia (Nh3) - 24
8.
μg/m3 24 hours** 400 400 - In do phenol blue
method
- Gas chromatography
based
- on continuous
Benzene (C6 H6) analyser
9. Annual* 05 05
μg/m3 - Adsorption and
desorption
- followed by GC
analysis
Bensol (O)
Pyrene (BaP) – - Solvent extraction
10. Particulate phase Annual* 01 01 followed
only ng/m3 - by HPLC/GC analysis

- AAS/ICP method
Arsenic (As) after
11. Annual* 06 06 - sampling on EPM
ng/m3 2000 or
- equivalent filter paper
- AAS/ICP method
after
12. Nickel (Ni) ng/m3 Annual* 20 20 - sampling on EPM
2000 or
- equivalent filter paper
Annual Arithmetic mean of minimum 104 measurements in a year taken twice a week
*
24 hourly at uniform interval.
24 hourly/8 hourly values should be met 98% of the time in a year. However, 2% of
**
the time, it may exceed but not on two consecutive days.
 200

2. Water quality Standards (IS 10500: 1991)

Requirement
Sl.
Parameter desirable Remarks
No.
Limit
1. Colour 5 May be extended up to 50 if toxic
substances are suspected
2. Turbidity 10 May be relaxed up to 25 in the absence of
alternate
3. pH to 8.5 May be relaxed up to 9.2 in the absence of
alternate
4. Total Hardness 300 May be extended up to 600
5. Calcium as Ca 75 May be extended up to 200
6. Magnesium as Mg 30 May be extended up to 100
7. Copper as Cu 0.05 May be relaxed up to 1.5
8. Iron 0.3 May be extended up to 1
9. Manganese 0.1 May be extended up to 0.5
10. Chlorides 250 May be extended up to 1000
11. Sulphates 150 May be extended up to 400
12. Nitrates 45 No relaxation
13. Fluoride to 1.2 If the limit is below 0.6 water should be
rejected, Max. Limit is extended to 1.5
14. Phenols 0.001 May be relaxed up to 0.002
15. Mercury 0.001 No relaxation
16. Cadmium 0.01 No relaxation
17. Selenium 0.01 No relaxation
18. Arsenic 0.05 No relaxation
19. Cyanide 0.05 No relaxation
20. Lead 0.1 No relaxation
21. Zinc 5.0 May be extended up to 10.0
22. Anionic detergents 0.2 May be relaxed up to 1
(MBAS)
23. Chromium as Cr+6 0.05 No relaxation
24. Poly nuclear aromatic -- --
Hydrocarbons
25. Mineral Oil 0.01 May be relaxed up to 0.03
26. Residual free 0.2 Applicable only when water is chlorinated
Chlorine
27. Pesticides Absent --
28. Radio active -- --
 201

3. Ambient Noise Quality Standards in respect of Noise

Area Limits in dB(A) Leq*

Category of Area / Zone
code Day Time Night Time
(A) Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40

Note:-
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Silence zone is an area comprising not less than 100 metres around hospitals,
educational institutions, courts, religious places or any other area which is declared
as such by the competent authority
4. Mixed categories of areas may be declared as one of the four above mentioned
categories by the competent authority.
* dB(A) Leq denotes the time weighted average of the level of sound in decibels
on scale A which is relatable to human hearing.
A “decibel” is a unit in which noise is measured.
“A”, in dB(A) Leq, denotes the frequency weighting in the measurement of
noise and corresponds to frequency response characteristics of the human ear.
Leq: It is an energy mean of the noise level over a specified period.
Note: The Principal Rules were published in the Gazette of India, vide S.O. 123(E), dated
14.2.2000 and subsequently amended by the Noise Pollution (Regulation and Control)
(Amendment) Rules, 2000 vide S.O. 1046(E), dated 22.11.2000 and by the Noise
Pollution (Regulation and Control) (Amendment) Rules, 2002 vide S.O. 1088(E),
dated 11.10.2002, under the Environment (Protection) Act, 1986.
Sub Clause111.15 Compliance with requirements of Highway Authorities
Compliance with the foregoing will not relieve the Contractor of any responsibility for
complying with the requirements of any highway authority in respect of the roads used by
him.
Sub Clause111.16 Measurement
For Compliance of all provisions made in this Clause 111, it shall be deemed to be incidental
to the work and no separate measurement or payment shall be made. The Contractor shall be
deemed to have made allowance for all such compliance with these provisions in the
preparations of his Tender and full compensation for such compliance shall be deemed to be
covered by the Tender price.
 202

Sub Clause 111 .17 Transport of Hazardous Materials

Transport of hazardous materials, in bulk or in sealed containers, shall meet the requirements
of the State regulations. Prior to ordering transport of hazardous material in bulk, the
Contractor must obtain the approval of the relevant authority as well as of the Engineer. The
transport of diesel, petrol, gaseous material, chemical and explosives for quarrying shall be
governed by safety laws of the local authorities. Precautionary measures and conformity with
regulations shall be stated in a Method Statement for the approval of the Engineer. Sealed
containers of hazardous materials shall be stored in a well-ventilated room, well guarded and
secured.
Sub Clause 111 .18 Emergency Response
The Contractor shall plan and provide remedial measures to be implemented in the event of
occurrence of emergencies such as spillages of oil or bitumen or chemicals, fire. The
Contractor shall provide the Engineer with a statement of the measures he intends to
implement in the event of such an emergency, which shall include a statement of how he
intends to provide personnel adequately trained to implement such measures.
Sub Clause 111 .19 Occupational and Community Health and Safety of the Workforce
The Contractor shall prepare and submit to the Engineer the Occupational Health & Safety
Procedures/Practices for the workforce in all quarry sites, plant sites, work sites, camp sites,
etc., in accordance with the applicable laws.
CLAUSE 112 ARRANGEMENT FOR TRAFFIC DURING CONSTRUCTION
Sub Clause 112.1 Add the following at the end of this Sub-Clause:
“The Contractor shall ensure that all the traffic management devices as per Traffic
Management Plan approved by the Engineer are in position before opening of sites of work.”
Sub-Clause 112.2 Passage of Traffic along a part of the Existing Carriageway under
improvement
Replace 2nd sentence of 1stparagraphof the Sub Clause 112.2 with the following:
The treatment of the shoulder shall consist of providing at least 150mm thick granular (Wet
Mix Macadam) base course covered with 20 mm thick Close-Graded Premix
Surfacing/Mixed Seal Surfacing (Type B) as per Clause 508 in a width of at least 1.5m such
that the total paved width available for traffic including part of the existing road and treated
shoulder is not less than 3.75m and the treated shoulder shall be maintained throughout the
period during which traffic uses the same to the satisfaction of the Engineer.
Replace the Sub Clause 112.3 of MoRT&H with the following
Sub Clause112.3 Passage of Traffic along a Temporary Diversion
In stretches where it is not possible to pass the traffic on part width of the carriageway, a
temporary diversion shall be constructed with 5.5 m carriageway and 2.5 m earthen shoulders
on each side (total width of roadway 10.5 m) with the following provision for road crust in
the 5.5 m width:
 203

(i) Earthwork
(ii) 200 mm (compacted) granular sub-base;
(iii) 225 mm (compacted) granular base course (Wet Mix Macadam);
(iv) Priming and Tack Coat and
(v) 20 mm thick Close-Graded Premix Surfacing / Mixed Seal Surfacing (Type B).
The use of fly ash in temporary diversions shall not be permitted.
The location of such stretch, alignment and longitudinal section of diversion including
junctions and temporary cross drainage provision shall be as approved by the Engineer.
The Contractor shall be responsible for the design of temporary diversions and submit the
designs to the Engineer for his approval. If the Contractor finds it necessary to construct part
of any diversion outside the Right of Way, the temporary use of additional land shall be
arranged for by the Contractor at his own risk and cost. Further as per Conditions of Contract,
the Contractor shall indemnify the Employer and the Engineer against any claims or
proceedings resulting from the occupancy and use of such areas of additional land. Any
roadside trees that have to be removed for the construction of temporary diversions shall be at
the responsibility and cost of the Contractor.
Sub Clause 112.4 Traffic safety and Control
Add the following paragraph at the end of the Sub Clause 112.4
The Provisions made in Bill of Quantities shall be the ceiling for the Contract during the
Contract Period. The Additional claims due to damage and theft of the same shall be deemed
incidental to works. No extra payment shall be made towards additional quantities for these
bill items.
Replace the Sub Clause 112.6 with the following
Sub Clause 112.6 Measurements for Payment and Rate
(i) All arrangements for traffic during construction including provision of temporary
cross drainage structures, if required and treated shoulder as described in Clause 112.2
including their maintenance, dismantling and clearing debris, where necessary, shall be
considered as incidental to the works and shall be the Contractor's responsibility, unless
provided as a separate payable item in the BOQ.
(ii) The construction of temporary diversion including temporary cross drainage structures at
the site of bridge reconstruction locations as described in Clause 112.3, shall be payable
and measured in linear metre and the unit contract rate shall be inclusive of full
compensation for construction (including supply of material, labour, tools, etc.),
maintenance, final dismantling, and disposal.
 204

CLAUSE 114 SCOPE OF RATES FOR DIFFERENT ITEMS OF WORK

Sub Clause 114.2 Add the following at the end of Item (ii) of Clause 114.2:
“The Contractor shall submit data via electronic media and hard copy to the Engineer in a
form readily compatible with the Engineer’s planning system.”
Sub Clause 114.2 Add the following as item (xix) to sub-clause 114.2:
“Monthly progress and Quarterly progress report in a format acceptable to the Engineer” The
report shall state the progress which has been achieved compared with the planned progress,
illustrate delays in proportion to the progress planned, analyse the consequences and state
planned corrective measures. Intermediate progress reports may also be required.
The first issue of the detailed programme including the detailed description of the system and
the procedures shall be submitted to the Engineer for acceptance not later than 28 days after
the date of receipt of the letter of acceptance.”
Sub Clause 114.2 Add the following as item (xx) to Sub-Clause 114.2
Cost of carrying out Topographic Surveys and Auto Level Surveys.
CLAUSE 120 FIELD LABORATORY
Sub Clause 120.2
Replace Sub-Clause 120.2 with the following.
120.2 Description
The Contractor shall arrange to provide fully furnished and adequately equipped
field laboratory. The field laboratory shall be located in close proximity to the
Works site. It shall be provided with continuous electricity supply, electrical
wiring and points, all necessary electrical fittings and fixtures; potable water
supply including pipes, pumps, storage tanks, plumbing, all necessary fittings
and fixtures; septic tank, sewer lines, drains; surfaced access road; fencing and
security lighting; security services etc.
The floor space requirement for the field laboratory shall be as indicated in the
drawings. It shall include office space for the Materials Engineers, one from the
Contractor's side and another from the Engineer's side, space for the installation
of equipment, and space for other facilities. The field laboratory shall be fitted
complete with laboratory equipment, laboratory tables and cupboards, wash
basins, toilet facilities, curing tank around 4m x 2m x 1m in size for the curing
of samples, a fume chamber, working platform area of about 1m x 10m against
the walls, cupboards above and below the working platform, space for storage of
accessories such as sample moulds, space for storage of samples etc. At least 4
racks of slotted angles and M.S. sheets shall also be provided. The furnishing in
each of two offices of the Materials Engineers shall include working tables and
chairs.
 205

List of Laboratory Equipment’s

Nos.
Sl. No. Item/Specification
Required
A: General
Weigh Balances
(a) 5 kg to 20 kg capacity Electronic Type –Accuracy 1 gm 2
(b) 500 gm capacity Electronic Type – Accuracy 0.01 gm 2
1) (c) Chemical balance 100gm capacity - Accuracy 0.0001gm 1
(d) Pan balance 5 kg capacity Electronic Type - Accuracy 0.5 gm 2
(e) Platform Balance Scale – 300 kg capacity 1
(f) Triple Beam balance-25kg capacity Accuracy 1gm 2
Oven – electrically operated, thermostatically controlled
2) (including thermometer), stainless steel interior
(a) From 0oC to 220oC – Sensitivity 1oC 2
Sieves: as per IS: 460-1962
IS Sieves 450 mm internal dia. of sieve sets as per BIS of
(a) 2 set
required sieve sizes complete with lid and pan
3)
IS sieve 200 mm internal dia. (brass frame and steel/ or brass
(b) wire cloth mesh) consisting of sieve sets of required sieve sizes 2 set
complete with lid and pan
Sieve shaker capable of taking 200 mm and 450 mm dia. Sieves
4) 1
electrically operated with time switch assembly (As per BIS)
5) 200 tonnes compression testing machine 1
6) Stop watches 1/5 sec. Accuracy 2
Glassware comprising of Beakers, Pipettes, dishes, measuring
cylinders (100 to 1000 cc capacity) glass rods and funnels, glass 1 Dozen
7)
thermometers range 0oC to 100oC and metallic thermometers each
range 300oC
8) Hot plates 200 mm dia (1500 watt) 6
Enamel trays
(a) 600 mm x 450 mm x 50 mm 10
9) (b) 450 mm x 300 mm x 40 mm 10
(c) 300 mm x 250 mm x 40 mm 6
(d) Circular plates of 250 mm dia. 6
10) Water Testing Kit 1
11) First Aid Box 1
12) Spatula Set of 100 and 200 long 3
 206

Nos.
Sl. No. Item/Specification
Required
13) Digging Tools (pixels, shovel, fork etc.) As reqd.
Miscellaneous tools (sledge hammer, lump hammer, wooden
14) As reqd.
pegs etc.)
15) Maximum and Minimum Thermometer 2 Set
16) Rain Gauge 1 Set
17) Timer 0-60 minutes with alarm & 1/5 sec accuracy. 3 Sets
B: For Soils and Aggregates
1) Water still, 3 litre/hr with fittings and accessories 1
Liquid limit device with Casagrande and ASTM grooving tools
2) 1
as per IS: 2720
Sampling pipettes fitted with pressure and suction inlets, 10 ml.
3) 2 set
Capacity
Compaction apparatus (Proctor) as per IS: 2720 (Part 7) complete
4) 1 set
with collar, base plate and hammer and all other accessories
Modified AASHTO compaction apparatus as per IS. 2720 (Part
5) 8) 1983 or Heavy Compaction Apparatus as per IS complete with 1 set
collar, base plate, hammer and all other accessories
Sand pouring cylinder with conical funnel and tap and complete
6) 4
as per IS 2720 (Part 28) 1974 including modified equipment
7) Ennore Standard Sand As Reqd.
Sampling tins with lids 100 mm dia x 75 mm ht ½ kg capacity
8) and miscellaneous items like moisture tins with lid (50 grams) 12
etc.
Lab CBR testing equipment for conducting CBR testing, load
frame with 5 Tonne capacity, electrically operated with speed 1 set
control as per IS: 2720 (Part 16) and consisting of following:
CBR moulds 150-mm dia – 175-mm ht. complete with collar,
(a) 24
base plate etc.
(b) Tripod stands for holding dial gauge holder 24
(c) CBR plunger with settlement dial gauge holder 1
9)
(d) Surcharge weight 147-mm dia 2.5 kg wt. 48
(e) Spacer disc 148-mm dia, 47.7-mm ht. With handle 3
(f) Perforated plate (Brass) 24
(g) Soaking tank for accommodating 24 CBR moulds
(h) Proving rings of 1000 kg, 2500 kg and 5000 kg capacity 1 each
(i) Dial gauges, 25 mm travel- 0.01 mm/division 10
 207

Nos.
Sl. No. Item/Specification
Required
Aluminium Tins
50x30mm 36 nos
55x35mm 36 nos
(j)
70x45mm 36 nos
70x50mm 36 nos
80x50mm 36 nos
10) Standard Penetration test equipment 1
11) Nuclear moisture Density meter or equivalent 2
12) Speedy moisture meter complete with chemicals 2
13) Unconfined compression test apparatus 1 set
14) Aggregate Impact Test Apparatus 1
15) Aggregate Impact Test Apparatus as per IS 2386 (Part 4) 1963 1
Los Angeles abrasion Test Apparatus as per IS 2386 (Part 4)
16) 1
1963
17) Riffle Box of Slot size of 50mm as per ASTM C-136 1
18) Dynamic Cone Penetrometer 1
19) Hydrometer with high speed stirrer and jars 2 sets
20) Post-hole augur (to BS-812) 3
C: For Bitumen and Bituminous Mixes
Constant temperature bath for accommodating bitumen test
1) specimen, electrically operated and thermostatically controlled (to 2
accommodate minimum six Specimens)
Penetrometer automatic type, adjustable weight arrangement and
2) 2
needles as per IS. 1203 – 1978
Sechelt extraction or centrifuge type apparatus complete with
3) 1
extraction thimbles with stocks of solvent and filter paper
4) Bitumen laboratory mixer including required accessories (20 ltrs.) 1
Marshall compaction apparatus automatically operated as per
5) ASTM 1559-62 T complete accessories (with 180 N Marshall 1 set
Moulds
Distant Reading Digital Thermometer for Measuring
6) As required
Temperatures in Asphaltic Mixes
7) Riffle Box 1
 208

Nos.
Sl. No. Item/Specification
Required
8) Automatic Asphalt Content Gauge [Nuclear or equivalent] 1
Thin film Oven test apparatus for modified binder either with
9) 1
PMB or CRMB
10) Ring Ball Apparatus as per IS 1205- 1978 1
Asphalt Institute Vacuum Viscometer as per IS 1206 (part II) –
11) 1
1978
BS U- Tube Modified Reverse Flow Viscometer IS 1206 (Part
12) 1
III) – 1978
Apparatus for Determination of Ductility Test as per IS 1208 –
13) 1
1978
Pen Sky – Martin closed Tester for testing flash and fire point
14) 1
as per IS 1209 – 1978.
15) Apparatus for Float Test – IS – 1210 – 1978 1
Apparatus for Determination of water content (Dean and Shark
16) 1
Method) IS – 1211 – 1978
Apparatus for Determination of Loss on Heating IS – 1212-
17) 1
1978.
18) Apparatus of Determination of specified Gravity IS-1202-1978 1
19) Core cutting machine suitable for up to 150mm dia. Core 1
20) Apparatus for Elastic Recovery test for Modified Bitumen 1
21) Apparatus for Storage Stability test for Modified Bitumen 1
22) Apparatus for Separation test for Modified Bitumen 1
23) Sand Equivalent test apparatus 1
24) Mastic Asphalt Hardness testing equipment 1
25) Automatic Asphalt content Meter 1

D: For Cement, Cement Concrete and Materials

1) Water still 1
Vicat needle apparatus for setting time with plungers, as per IS.
2) 1
269-1967
Moulds
150 mm x 300 mm ht cylinder with capping component along
(a) As required
3) with the capping set and compound as per IS
(b) Cube 150mm, and 100mm (each size) As required
(c) 150mmx100 mm x600mm beam for flexural strength As required
 209

Nos.
Sl. No. Item/Specification
Required
4) Concrete permeability apparatus 1
5) High frequency mortar cube vibrator for cement testing 1
6) Concrete mixer power driven, 1 cu ft capacity 1
Variable frequency and amplitude vibrating table size 1 metre x 1
7) 1
metre as per the relevant British Standard
8) Flakiness & Elongation test apparatus 2each
9) Aggregate impact test apparatus as per IS 2386 (Part 4) 1963 2
10) Los Angeles abrasion apparatus as per IS. 2386 (Part 4) 1963 1
11) Flow table as per IS 712-1973 1
(a) Equipment for slump test 2
12)
(b) Compaction factor test equipment 1
Equipment for determination of specific gravity for fine and
13) 2
coarse aggregate as per IS 2386 (Part 3) 1963
Compression and Flexural strength testing machine of 200T
14) 1
capacity with additional dial for flexural testing
15) Core cutting machine with 100 mm dia. Diamond cutting edge 1
16) Needle vibrator 1
17) Vibrating hammer as per BS specification 1
18) Air entrainment meter ASTM C - 231 1
0.5 Cu. ft, 1 Cu. ft cylinder for checking bulk density of
19) 1
aggregate with tamping rod
20) Soundness testing apparatus for cement 1
21) Flexural Beam testing machine with accessories 1
22) Chemicals solutions and consumable As reqd.
23) Chloride Testing kit for chemical analysis of chloride content. 1
24) ION Exchange kit for rapid determination of sulphate content. 1
E: For Control of Profile and Surface Evenness
1) Precision automatic level with micrometer attachment 2 sets
2) Diatomite or equivalent 2 Nos.
Theodolite – Electronically operated with computerized output
3) 2 sets
attachment
 210

Nos.
Sl. No. Item/Specification
Required
4) Total Station with all accessories 2 sets
5 Rough meter (Towed Fifth Wheel Bump Indicator) 1 set
6) 3 metre straight edge and measuring wedge 2 sets
Camber templates 2 lane
7) (a) Crown type cross-section 2 sets
(b) Straight run cross-section 2 sets
8) String line Arrangement with sensor paver 1
Steel tape
(a) 5 m long as reqd
(b) 10 m long as reqd
9)
(c) 20 m long as reqd
(d) 30 m long as reqd
(e) 50 m long As reqd
10) Precision Staff 3 Sets

Note: 1) The laboratory set-up must be complete including a set of reference standards, adequately
staffed and operational to the satisfaction of the Engineer not later than 2 months from the date of
receipt of Notice to commence the works. The Contractor shall be responsible for the provision of
adequately experienced and qualified laboratory staff, in sufficient numbers to be able to meet all
testing requirements to the approval of the Engineer, and for the supply of all transportation of staff,
testing equipment and samples necessary to allow the testing to be performed in a time scale
compatible with the needs of the Site. The Employer and the Engineer shall have free access to the
laboratory.
2) The laboratory setup may be reduced after issue of Taking Over Certificate with the approval of
Engineer.
Sub Clause 120.4 Maintenance
This Clause shall read as under:
“The Contractor shall arrange to maintain the laboratory in satisfactory manner and will carry stocks
of spare equipment and laboratory consumables until the issue of Performance Certificate.
Maintenance include the day to day upkeep of the laboratory building and the surroundings, attending
to repairs to various parts of the building, furniture, fittings, office/laboratory equipment and the
concerned services as and when necessary, including the periodic white/colour washing of building as
per National Building Code and painting of wood, steel work, replacing the broken
window/door/ventilator, glasses, furniture and other hardware and maintaining necessary watch and
ward during the day and night.
The Contractor shall arrange to provide uninterrupted supply of electricity and water for the
laboratory building. In case of failure of main power/water supply, alternate source shall be available
for providing uninterrupted supply.”
 211

SECTION 200 SITE CLEARANCE

CLAUSE 201 CLEARING AND GRUBBING
Sub Clause 201.1 Scope
Add the following Paragraph at the end of this Sub-Clause.
“Diversion and filling of existing Water courses along the road alignment shall be as per
Additional Technical Specification A-1.”
Sub Clause 201.5 Delete 1st sentence in the 1st Paragraph in Sub-Clause201.5 and add
the following sentence.
Clearing and grubbing for road embankment, drains and cross drainage structures shall be
measured on area in plan basis in terms of hectares.
CLAUSE202 DISMANTLING CULVERTS, BRIDGES AND OTHER
STRUCTURES/PAVEMENTS
Sub-Clause 202.6 Measurements for Payment
This Clause shall read as:
The work of dismantling shall be paid for in units indicated below by taking measurements
before and after, as applicable:
(i) Dismantling brick/stone masonry / plain cement concrete / Cum
reinforced cement concrete including reinforcement.
(ii) Dismantling pavement structures such as Granular Course, Cum
Bituminous course, Concrete pavement
(iii) Dismantling pipes, guard rails, road kerbs, gutters and fencing Linear
Meter
(iv) Dismantling Guard Stones/KM stones/Signpost/Hect. Stones/5th Nos
KM stones
(v) Dismantling RCC railing Linear
Meter
(vi) Dismantling angle type expansion joints of bridges Linear
Meter
(vii) Dismantling of railing kerb Linear
Meter
(viii) Dismantling of Concrete Edge strip without damaging existing Linear
structure Meter
(ix) Dismantling of Drainage spout including cleaning entire area, Nos.
enclosure of metallic bearing
(x) Dismantling of Stone pitching/ boulder apron/ brick soling/ stone Cum
soling
 212

SECTION 300 EARTHWORK, EROSION CONTROL AND DRAINAGE

CLAUSE 301 EXCAVATION FOR ROADWAY AND DRAINS
Sub-clause 301.3.5 Rock Excavation
The first sentence of first paragraph shall read “Rock, when encountered in road excavation
shall be removed up to a level of 150mm below the base of WMM”.
Sub-clause 301.3.7 Excavation of road shoulders/verge/medians for widening of
pavement or providing treated shoulders:
The 2nd sentence of this Clause shall read as under:
The Sub grade material within 500mm from the bottom of the pavement for the widened
portion and paved shoulder shall be loosened and re compacted as per Clause 305 if it does
not meet the compaction requirement of Table 300-2.”
Sub Clause 301.6 Preparation of Cut Formation
Third paragraph shall be read as under:
“In rock formation, the rock shall be cut 150mm below the specified elevation of base of
WMM and the surface irregularities shall be corrected. The gap between rock cut and base of
WMM shall be filled with 150mm thick granular sub-base as per Grading-V of Table 400-1
of Clause 401. The unsuitable material shall be disposed of in accordance with Clause
301.3.11”.
Sub Clause 301.8 Measurements for Payment
In first line of first paragraph add “and drains” after the word “roadway”
CLAUSE 304 EXCAVATION FOR STRUCTURES
Sub Clause 304.3.2 Excavation
At the end of 1st paragraph of Clause 304.3.2 insert the following additional sentences:
“The Contractor shall ensure the stability and structural integrity of adjacent existing
foundations and structures and if necessary shall, at his own expense, install temporary or
permanent sheet piles, coffer dams, shoring or similar support or protection to the satisfaction
of the Engineer.”
CLAUSE 305 EMBANKMENT CONSTRUCTION
Clause 305.2.1.6
The 1st sentence of this Clause shall read as under:
“The material to be used in sub grade shall conform to the design CBR value of not less than
8% at the specified density and moisture content of the test specimen.”
Clause 305.2.2.4 Compaction Requirements
In Clause 305.2.2.4 after the 1st paragraph delete Table 300-2 and substitute the following:
 213

Table 300-2: Compaction Requirements for Embankment and Sub-grade

Sl. Relative Compaction as percentage of maximum laboratory dry
Type of Work/Material
No. density as per IS 2720 (Part 8) heavy compaction

Sub grade and earthen

1 Not less than 97%
shoulders
2 Embankment Not less than 95%
High Embankment
3 Not less than 97%
(Height >6m)
4 Expansive clays Not allowed
5 Design CBR of Sub grade & Shoulder shall be as per Drawing, but not less than 8%

Sub Clause 305.3.4 Compacting Ground Supporting Embankment/Sub-grade

Add the following paragraph at the end of last Paragraph in Sub Clause 305.3.4
Backfilling layers in pits, trenches and below the original ground are to be compacted to the
relative natural ground density. The natural ground density shall be determined by conducting
field density tests at three widely spaced locations along the central line of the proposed
carriageway at a depth in between 0.5m to 1.0m. Samples of natural ground are collected at
each location, and are tested in accordance with IS: 2720 (Part 8). The relative density (i.e.
the percentage of the field dry density to the laboratory maximum dry density) is assessed for
each sample, and the greatest relative density obtained is selected as the “natural ground
density”. If the natural ground density is less than 85% then these are to be compacted after
necessary watering so as to achieve not less than 85% of relative compaction”.
Sub-Clause 305.9.1
Add new sub section as (xv) “slush removal”
CLAUSE 306 SOIL EROSION AND SEDIMENTATION CONTROL
Sub Clause 306.4
Replace Sub-clause 306.4 with the following:
“The soil erosion, sedimentation and pollution control works shall be deemed as incidental to
the earthwork and other items of work and, as such, no separate payment shall be made for
the same
Sub Clause 306.5 Rates
This Clause shall be deleted.
 214

CLAUSE 309 SURFACE/SUB-SURFACE DRAINS

Sub-Clause 309.4 Measurements for Payment
This Clause shall read as:
“Construction of drains shall be measured as finished work in position as below:
a) Lined ditch drain …… As per Clause 301
b) Semi-Circular median drain as shown in the …… Running metre
drawing with PCC M20, NP2 pipe, levelling
concrete M15 and filter media.
c) Drainage Chute …… Running metre
d) Lined open/Covered drain
(i) Levelling concrete M15 …… Cubic metre
(ii) Coarse rubble masonry …… Cubic metre
(iii) Stone pitching grouting with CM 1:3 …… Cubic metre
(iv) RCC grade M20 …… Cubic metre
(v) Steel Reinforcement …… Tonne
(vi) Precast perforated slab …… Nos.
(vii) Catchpits/inspection chambers …… Nos.
(viii) RCC pipes …… Running metre
f) Sub-surface drains Running metre
 215

SECTION 400 SUB-BASES, BASES (NON-BITUMINOUS) AND SHOULDERS

General
Sub clause (i) of clause 401.7 stands deleted and remaining sub paras (ii) to (v) are
renumbered as (i) to (iv).
Sub clause (i) of clause 405.7 stands deleted and remaining sub paras (ii) to (v) are
renumbered as (i) to (iv).
The provision of clause 401.7 (i) to (v) be read as “Clause 401.7 (i) to (iv)” in the sub clauses
402.8, 403.8, 404.7, 407.8 and 408.7.”
CLAUSE 401 GRANULAR SUB-BASE
Sub Clause 401.2 Materials
Sub Clause 401.2.1 The Clause shall read as follows:
“The material to be used for the work shall be crushed stone conforming to the physical
requirements stipulated in Sub-Clause 401.2.2. The material shall be free from organic or
other deleterious constituents and conform to Grading-V of Table 400-1.”
Sub Clause 401.3 Construction Operations
Sub-Clause 401.3.1: Preparation of Sub grade
Add the following paragraphs at the end of the 1st paragraph of Sub-Clause 401.3.1:
Preparation of Sub grade
When granular sub base is to be placed on existing sub base or base for partial reconstruction
the existing bituminous layers, if any, shall be scarified/ milled in accordance with Sub
Clause 501.8.3.2. Scarification / milling shall be continued to the design foundation elevation
within existing base/sub base layer on which the new sub base is to be placed. The Contractor
will verify that all bituminous layers have been removed using appropriate methods approved
by the Engineer. The bituminous surfacing and base material removed from the existing
pavement may be used in other parts of the works as directed by Engineer provided it
complies with the relevant specification clauses.
After scarification/ milling and removal to the satisfaction of the Engineer of the existing
bituminous surfacing (full) and if required base/sub base (full or part), the surface shall be
lightly sprinkled with water if necessary and rolled with three passes of vibratory rollers. The
existing pavement shall then be proof rolled with an 8 tonne single drum vibrating roller in
the presence of the Engineer who shall determine of the surface for placing the sub base
layer.
 216

CLAUSE 406 WET MIX MACADAM SUB-BASE/BASE

Sub Clause 406.2 Materials

Sub-Clause 406.2.1.1Physical requirements

Delete 2nd Sentence in 1st Paragraph in the Sub Clause 406.2.1.1 and replace with the
following Sentence:

“The constituents of the aggregates shall be produced by an integrated crushing and screening
plant of suitable capacity having appropriate primary crusher, secondary cone crusher,
vertical shaft impact or and vibratory screen, unless otherwise instructed by the Engineer,
crushing shall be carried out in at least two stages. The fraction of material passing through
4.75mm sieve shall also be crusher run screening only.”

Sub-Clause 406.3 Construction Operations

Sub Clause 406.3.4 Spreading of Mix

Replace “may” with “shall” in the 1st sentence of 2nd paragraph of Sub-Clause 406.3.4.

Delete the last paragraph of Sub-Clause 406.3.4.

Sub-Clause 406.3.5 Compaction

Delete second sentence of Paragraph 1 of Clause 406.3.5.

CLAUSE 409 CEMENT CONCRETE KERB AND KERB WITH CHANNEL

Sub Clause 409.5 Construction Operations

Sub Clause 409.5.1 Add at the end of the first sentence “as shown in the drawings”

CLAUSE 410 FOOTPATHS AND SEPARATORS

Replace the entire Clause 410 with the following:

410.1 Scope

The work shall consist of constructing footpaths and/or separators at locations as

specified in the drawings or as directed by the Engineer. The lines, levels and
dimensions shall be as per the drawings. The scope of the work shall include
provision of all drainage arrangements as shown in the drawings or as directed by the
Engineer.
 217

410.2. Materials

The footpaths and separators shall be constructed with the following type:

Precast cement concrete block/tiles of Grade M20 as per Sections 1700 of the
Specifications. The minimum thickness of the cement concrete block/tile shall be 25
mm and minimum size shall be 300 mm x 300mm.

410.3. Construction Operations

410.3.1Drainage pipes below the footpath originating from the kerbs shall be first laid
in the required slope and connected to the drains/sumps/storm water drain/drainage
chutes as per provisions of the drawings, or as specified.

410.3.2 Portion on back side of kerbs shall be filled and compacted with granular sub-
base material as per Clause 401 of the Specifications in specified thickness.

410.3.3 The base shall be prepared and finished to the required line, levels and
dimensions as indicated in the drawings with the following:-

(a) Minimum 150 mm thick, compacted granular sub-base material as per Clause 401
of the Specifications.

(b) Minimum 25 mm thick cement concrete of Grade M15.

Over the prepared base, precast concrete tiles shall be set/laid as described in Clauses
410.3.4.

410.3.4 Precast cement concrete tiles:

The tiles shall be set on a layer of average 12 mm thick cement-sand mortar (1:3) laid
on prepared base in such a way that there is no rocking. The gaps between the tiles
shall not be more than 12 mm and shall be filled with cement-sand mortar (1:3).

410.4 Measurements for Payment

Footpaths and separators shall be measured in sq. meter between inside of kerbs.

410.5 Rates

Contract unit rates shall be inclusive of full compensation of all labour, materials,
tools, equipment’s and incidentals to construction of footpaths. Cost of providing
pipes and arrangement for their discharge into appropriate drainage channels shall be
incidental to the construction of footpaths.
 218

SECTION 500 BASES AND SURFACE COURSES (BITUMINOUS)

General

Sub para (i) of Clauses 501.8.8.2 stands deleted and remaining sub paras (ii) to (x) are
renumbered as (i) to (ix).

The provision “Clause 501.8.8.2 (i) to (x) to be read as Clause 501.8.8.2 (i) to (ix)” in the
Sub-Clauses 506.9 and 513.9”

CLAUSE 501 GENERAL REQUIREMENTS FOR BITUMINOUS PAVEMENT LAYERS

Sub Clause 501.2 Materials

Sub Clause 501.2.1 Binder

Replace “Tables 500-5 and 500-6” with “Tables 500-1” in the last paragraph of Sub-Clause
501.2.1

Sub-Clause 501.2.2 Coarse Aggregates

Delete “, crushed gravel or other hard material” from 1st Line of Para 1.”

Para 2 is deleted.

Sub Clause 501.6 Compaction

Replace the sentence “The intermediate rolling 0.56 MPa.” with “The intermediate rolling
shall be done with a smooth wheeled tandem vibratory roller of 8-10 tonne weight followed
by a pneumatic tyre roller of 12-15 tonnes weight having nine wheels, with a tyre pressure of
at least 0.56 MPa.” in 2nd paragraph.

CLAUSE 502 PRIME COATS OVER GRANULAR BASE

Sub-Clause 502.2 Materials

Sub-Clause 502.2.1 This Clause shall be read as under:

"502.2.1 The primer shall be cationic bitumen emulsion SS1 grade conforming to IS: 8887
and shall be refinery produced.”

Sub Clause 502.8 Rate

This Clause shall be read as under:

 219

“502.8. Rate

The contract unit rate for prime coat shall be payment in full for carrying out the required
operations including full compensation for all components listed in Clause 401.7 and as
applicable to the work specified in these Specifications.”

CLAUSE 503 TACK COAT

Sub-Clause 503.2 Materials

This Clause shall be read as under:

"503.2 Materials

The binder used for tack coat shall be cationic bitumen emulsion (RS 1) complying with IS:
8887 and shall be refinery produced.”

Sub Clause 503.8 Rate

This Clause shall be read as under:

“503.8. Rate

The contract unit rate for tack coat shall be payment in full for carrying out the required
operations including full compensation for all components listed in Clause 401.7 and as
applicable to the work specified in these Specifications.”

CLAUSE 504 BITUMINOUS MACADAM

Sub-Clause 504.2.1 Bitumen

This Clause shall be read as under:

“The bitumen shall be paving bitumen of viscosity grade VG-40 complying with Indian
Standard Specifications for “Paving Bitumen”, IS: 73.”

Sub-Clause 504.2.2 Coarse Aggregates

Delete the words “, crushed gravel or other hard material’ from the first sentence of Clause
504.2.2.

Delete 4th sentence of Clause 504.2.2:

“ Where crushed gravel is proposed for use as aggregate, not less than 90 percent by weight
of the crushed material retained on 4.75 mm sieve shall have at least two fractured faces
resulting from crushing operation.”
 220

Sub-Clause 504.2.4 Aggregate Grading and Binder Content

Replace the word “The type and quantity” with “The quantity” in the last sentence of Clause
504.2.4.

Sub-Clause 504.8 Rate

After the words “required operations” in second line of this Clause, add the words “except the
items of tack coat and prime coat (if any).”

CLAUSE 505 DENSE BITUMINOUS MACADAM

Sub-Clause 505.2.1 Bitumen

This Clause shall be read as under:

“The bitumen shall be paving bitumen of viscosity grade VG-40 complying with Indian
Standard Specifications for “Paving Bitumen”, IS: 73.”

Sub-Clause 505.2.2 Coarse Aggregates

Delete the words, ‘crushed gravel or other hard material’ from the first sentence of Clause
505.2.2.

Delete 2nd paragraph of Clause 505.2.2.

Sub-Clause 505.2.3 Fine Aggregates

Replace the words “or natural occurring mineral material, or a combination of the two” with
“material” in the 1st sentence of the Clause 505.2.3.

Delete the 4th sentence of the Clause 505.2.3.

Sub Clause 505.2.5 aggregate Grading and Binder Content

Sub Clause 505.2.5.1

Add the following at the bottom of Table 500-10:

The grading of the aggregate mix as used in work shall be a smooth curve within and
approximately parallel to the envelope in Table 500-10.

Sub-Clause 505.9 Rate

Add the words “except for item of prime coat and tack coat” after the words “required
operations” in 2nd line.
 221

CLAUSE 507 BITUMINOUS CONCRETE

Sub-Clause 507.2.1 Bitumen

This Clause shall be read as under:

“The bitumen shall be paving bitumen of viscosity grade VG-40 complying with Indian
Standard Specifications for “Paving Bitumen”, IS: 73.”

Sub-Clause 507.2.2 Coarse Aggregates

Delete the words “and where crushed gravel is proposed …………… two fractured faces”
from the first sentence of Clause 507.2.2.

Sub Clause 507.2.5 aggregate Grading and Binder Content

Add the following at the bottom of Table 500-17:

The grading of the aggregate mix as used in work shall be a smooth curve within and
approximately parallel to the envelope in Table 500-17”.

Sub-Clause 507.9 Rate

Replace “504.9” with “505.9” in the Clause 507.9.

CLAUSE 508 CLOSE GRADED PREMIX SURFACING/MIXED SEAL SURFACING

Sub Clause 508.1 Scope

Sub Clause 508.1.2

This Clause shall read as under

508.1.2 Close graded Premix surfacing shall be “Type B”

Sub Clause 508.2 Materials

Sub-Clause508.2.1 Binder

This Clause shall be read as under:

“The binder shall be paving bitumen of viscosity grade VG-40 complying with Indian
Standard Specifications for “Paving Bitumen”, IS: 73.”

Sub-Clause508.2.2 Coarse Aggregates

Replace “511.1.2.2” with “510.1.2.2” in the Sub-Clause 508.2.2.

 222

Sub-Clause 508.2.3 Fine Aggregates

Delete the words “, or natural sand or a mixture of both” with “material” in the 1st sentence of
the Clause 508.2.3.

Sub-Clause 508.3 Constructions Operations

Replace “510.1.3.1 through Clause 510.1.3.5” with “510.1.3.1 to Clause 510.1.3.5” in the
Sub-Clause 508.3.

Sub Clause 508.8 Rate

This Clause shall be read as under:

“The contract unit rate for close-graded premix surfacing, Type B shall be payment in full for
carrying out the required operations except for item of prime coat and tack coat including full
compensation for all components listed in Clause 501.8.8.2.”

CLAUSE 510 OPEN GRADED PREMIX SURFACING

Sub Clause 510.1 Open-Graded Premix Surfacing using Viscosity Grade Paving
Bitumen

Sub Clause 510.1.2 Materials

Sub Clause 510.1.2.1 Binder

This Clause shall read as under

“The binder shall be paving bitumen of viscosity grade VG-40 complying with Indian
Standard Specifications for “Paving Bitumen”, IS: 73.”

Sub-Clause 510.1.3 Constructions Operations

Sub-Clause 510.1.3.5 Spreading and Rolling

Replace “to Clause 501” with “as per Clause 501” in the 1st line of 1st paragraph of Sub-
Clause 510.1.3.5.

Sub Clause 510.1.8 Rate

Add the words “except for item of prime coat and tack coat” after the words “required
operations” in 2nd line.
 223

CLAUSE 516 MASTIC ASPHALT

Sub-Clause 516.2 Materials

Sub-Clause 516.2.2 Coarse Aggregates

Delete the words “, crushed gravel/shingle or other stones” from the first sentence of Clause
516.2.2.

Fine Aggregates

Delete the words “, natural sand or a mixture of both” in the 1st sentence of the Clause
516.2.2.

Sub-Clause 516.4.5 Spreading

Replace “Table 500-6” with “500-5” in sub-paragraph 2) of 4th paragraph of Sub-Clause

516.4.5.

Sub-Clause 516.4.7 Surface Finish

Replace “retained on the 6.7 mm sieve” with “retained on the 9.5 mm sieve” in 4th
lineofSub-Clause516.4.7.SECTION 800 TRAFFIC SIGNS, MARKINGS AND OTHER
ROAD APPURTENANCES

Clause 801 Traffic Signs

Sub-Clause 801.2.6This clause shall read as under:

“The signs shall be 2mm thick with Aluminium sheet.”

Sub-clause 801.4 Installation

Sub-clause 801.4.1 The 1st sentence of Clause shall read as follows:

Traffic Signs shall be mounted on support posts, which shall be of GI pipe 80mm dia. (NB-
MW) or as shown in the drawing.

Sub-clause 801.4.2 Add following at the end of this clause:

“The sign back shall be painted with two coats of grey colour epoxy paint. The sign post shall
be painted in black & white alternate bands with two coats of epoxy paint.”

Sub-clause 801.5 Measurement for Payment

This clause shall read as under:

 224

“The measurement of cautionary, mandatory, information, route marker, chevron and

direction & place identification sign shall be in numbers.”

Clause 802 OVERHEAD SIGNS

Sub-Clause 802.4.2 Replace the words “they shall …. IS Specifications.” with “they shall
be thoroughly decaled, cleaned, primed along with all other components of signs, except
reflective portion. They shall be painted with two coats of epoxy paint. The sign back side
shall be painted with grey colour and post shall be painted in black & white alternate bands.
The post below ground shall be painted with three coats of red lead paint.

Sub-Clause 802.4.3 The last sentence of this Clause shall read as under:

“The thickness of aluminium sheet shall be 2 mm.”

CLAUSE 803 ROAD MARKINGS

Sub Clause 803.2 Materials

This clause shall read as under:

“Road markings shall be of hot applied thermoplastic compound and the materials shall meet
the requirements as specified in Clause 803.4.

Sub Clause 803.8.11 Measurement for Payment

The 1st sentence of this Clause shall read as under:

“The Audible and Vibratory pavement markings shall be measured in square metre of area
including the gaps.”

CLAUSE 805 DISTANCE INDICATOR POST

Sub Clause 805.3

The first sentence of this Clause shall read as under:

“The hectometre/kilometre/5thkilometre distance indicator posts shall be made of concrete of

grade as shown in the drawing.”

Sub Clause 805.5 Rate

This Clause shall read as under:

“The Contract unit rate for hectometre/kilometre/5th kilometre distance indicator posts shall
be payment in full compensation for furnishing all labour, materials, tools, equipment
including cost of excavation, foundation in M15 grade concrete, formwork, backfilling, etc
 225

and making the posts, painting and lettering and fixing at site and all other incidental costs
necessary to complete the work to these Specifications.”

CLAUSE 807 BOUNDARY STONES

Sub Clause 807.1 Scope

Add at the end of Paragraph 1, “The boundary stones shall be of concrete as shown in
drawing.” The words ‘SH-No-142’ should be engraved on each stone appropriately.

CLAUSE 809 TUBULAR STEEL RAILING

Sub Clause 809.3 Add the following to the end of this Sub-Clause:

“The railing shall be embedded in the concrete foundation of size and the grade of concrete
along with the depth of the embedment of post as indicated in the drawing.”

Sub Clause 809.5 Rate

After the words “test and final erection at site” in 3rd line of this Clause, add the words
“including cost of excavation, concrete foundation etc.”

CLAUSE 811 CRASH BARRIER

Sub Clause 811.2 Concrete Crash Barrier

Sub Clause 811.2.1 Materials

Sub Clause 811.2.1.2 This Clause shall read as under:

“The minimum grade of concrete shall be M-40.”

Sub Clause 811.2.2 Construction Operations

Sub Clause 811.2.2.2

Replace “Clause 810.2.2.3” with “Clause 811.2.2.3” in the 4th line of 1stparagraph of
Clause811.2.2.2.

CLAUSE 811.3 Thrie Beam Crash Barrier

Sub Clause 811.3.1 Materials

Sub Clause 811.3.1.2 Replace 1st paragraph of Sub-Clause 811.3.1.2 with the following:
 226

Thrie beam is a profiled corrugated beam as specified in drawings made from cold rolled
steel strip of 3.0 mm thick using high strength steel of IS:5986 Fe 510 grade and have
properties as under:

Ultimate Tensile Strength (Min.): 483 Mpa.

Yield stress (Min.): 345 Mpa.

Elongation (Min.) in 50mm: 12%

The beam after forming shall have formed width of 312 mm and depth of 83 mm and shall
have punched holes for fixing as specified in drawings.

The steel post and the blocking out spacer shall both be channel section of 75 mm x 150 m &
size 5 mm thick conforming to IS: 5986 grade Fe.360 as specified in drawings. The rail shall
be 71 cm above the ground level and posts shall be spaced 2.0 m centre-to centre. Thrie beam
barrier shall be as indicated in the drawing.

The Guardrail reflector shall be made of material and placed in position as shown in
drawings. It shall be hot dip galvanized 0.55 kg per square meter.

Test specimens for mechanical properties and coating shall be prepared and tested as
specified in relevant IS codes.

Sub Clause 811.3.1.3 This Clause shall read as under:

“Concrete for bedding and anchor assembly shall conform to Section 1700 of these
Specifications. The size of the concrete foundation block for embedding the posts and grade
of concrete shall be as shown in the drawing.”

Sub-Clause 811.3.3 Installation of Posts

The sub-clause 811.3.3.1, 811.3.3.2, 811.3.3.3 and 811.3.3.4 are replaced as below:

“The steel posts shall be embedded in the concrete foundation of size and the grade of
concrete along with the depth of the embedment of post as indicated in the drawing.”

Sub Clause 811.3.3.5 This Clause shall read as under:

“Posts and end section for metal beam guardrails on bridges shall be bolted to the structure as
detailed in the drawings. The anchor bolts shall be set to proper location and elevation with
templates and carefully checked.”

Clause 811.3.4.3 Add at the end of this Clause:

“The guard rail reflector shall be bolted replacing splice washer at every 10th posts interval.”
 227

Sub-Clause 811.3.7 Measurements for Payment

Sub-Clause 811.3.7.1

The 2nd sentence "Terminals/anchors of various types shall be paid by numbers" is deleted.

Sub-Clause 811.3.7.2 This Clause shall read us under:

“No separate measurement for payment shall be made for Terminals/anchors of various types
required for the work. The cost of these elements shall be deemed to be included in the rate
quoted by the Contractor. Furnishing and placing anchor bolts and/or devices for guard rail
posts on bridges shall be considered incidental to the construction and the costs thereof shall
be included in the price for other items of construction.”

Sub-Clause 811.3.7.3 The words “or backfilling” shall be substituted as “and concreting”.

Sub Clause 811.3.8 Rate

Add the words “and drawings” at the end of the last sentence in Sub-Clause 811.3.8.

Clause 813 TRAFFIC CONTROL AND SAFETYDEVICES IN CONSTRUCTION ZONE

Sub Clause 813.11: Measurement

This Clause shall read as under:

The Provisions made in Bill of Quantities shall be the ceiling for the Contract during the
Contract Period. The Additional claims due to damage and theft of the same shall be deemed
incidental to works. No extra payment shall be made towards additional quantities for these
bill items.

Sub Clause 813.12: Rate

This Clause shall read as under:

All arrangements for traffic control and safety device in construction zone during
construction including their maintenance, dismantling and clearing debris, where necessary,
shall be considered as incidental to the works and shall be the Contractor's responsibility,
unless provided as a separate payable item in the BOQ.”
 228

SECTION 1000 MATERIALS FOR STRUCTURES.

CLAUSE 1002 SOURCES OF MATERIALS

Add the words “at his own expense” at the end of 3rd paragraph of Clause 1002.

CLAUSE 1006 CEMENT

The 1st paragraph of this Clause shall read as follows:

“Cement to be used in bridge structures shall conform to the following standard:

IS:12269 – Specification for 53 Grade Ordinary Portland cement.

For other works Ordinary Portland cement 43 grade, conforming to IS 8112 shall be used
with the prior approval of the Engineer.”

CLAUSE 1007 COARSE AGGREGATES

Delete the following from 3rd and 4th lines of 1st paragraph “Crushed gravel
……………. inert material”

CLAUSE 1008 SAND/FINE AGGREGATES

Delete from the 1st line the word “crushed stone sand or crushed gravel sand” and from the
2nd line “crushed stone or gravel” in Paragraph 2.

CLAUSE 1014 STORAGE OF MATERIALS

Sub Clause 1014.3: Aggregates

Add the following to the Sub-clause 1014.3:

“Aggregates shall be stored or stockpiled in their respective size in such a manner that the
various sizes will not become intermixed before proportioning. They shall be stored,
stockpiled and handled in such a manner that will prevent contamination by foreign
materials.”
 229

SECTION 1500 FORMWORK

CLAUSE 1501 DESCRIPTION

Add the following paragraphs at the end of this Clause:

“The Contractor shall prepare a formwork mobilization and utilization plan and submit the
plan for Engineer’s approval at least 21 days before the commencement of construction of
structures. The requirement of formwork shall be worked out considering the overall
construction program of all the structures to be cast in one or more stages, as specified in the
drawings. The plan shall take into account the time required for erection of formwork,
retention in position, stripping, and removal and subsequent use in the next and subsequent
structures.

Notwithstanding Engineer’s approval of mobilisation plan, if due to any reason, Contractor

has to arrange additional formwork, to meet the requirements of the construction program, it
shall be done by the Contractor without any extra cost to the Employer.”

CLAUSE 1502 MATERIALS

Delete the last sentence in 1st paragraph.

Delete the word “or timber” in 1st line of 2nd paragraph.

CLAUSE 1506 PRECAUTIONS

“Add the following as items (vii) and (viii) to this Clause:

vii) Adequate support against sideway and lateral loads due to construction operations
and wind shall be provided.

viii) In case cantilevers are supported directly from the ground, the supports for
cantilevers shall be removed simultaneously with main supports only after approval
for the same from the Engineer.”

Clause 1513 Rate

Add the following at the end of the first paragraph:

“The unit rate shall also include all costs for preparation of erection scheme, designs of false
work and formwork.”
 230

SECTION 1600 STEEL REINFORCEMENT

CLAUSE 1602 GENERAL

Paragraph 2 of Clause 1602 shall read as follows:

“Reinforcements shall be High Strength Deformed Steel Bars (HSD) of grade Fe 500
conforming to IS: 1786. Only uncoated steel shall be used as reinforcement unless specified.”

CLAUSE 1603 PROTECTION OF REINFORCEMENT

Replace “1010.3.2” with “1009.3.2” in 2nd line of 3rd paragraph of Clause 1603.

CLAUSE 1605 PLACING OF REINFORCEMENT

Add the following as sub Para (f) to this Clause:

Tolerances:

1. Tolerance of cover: Deviation shall not exceed + 10 mm No negative tolerance is

allowed.

2. Tolerance in position: Tolerance for deviation from the positions shown in the
drawings shall not exceed the following:

Structural depth d (mm) Tolerance (mm)

d< 1000 <10
1000 < d < 2000 < 0.01d
2000 < d < 20
 231

SECTION 1700 STRUCTURAL CONCRETE

CLAUSE 1705 ADMIXTURES
Sub Clause 1705.1: Chemical Admixtures
Replace “Clause 1007” with “Clause 1012” in the 3rd paragraph of Sub Clause 1705.1.
CLAUSE 1706 SIZE OF COURSE AGGREGATE
Table 1700-7 shall be modified as given below:
Sl. Component Maximum nominal size
No. of Coarse aggregate
(mm)
a). RCC Well Curb 20
b). RCC / PCC well staining, PCC below foundations and 40
approach slab, annular filling around foundations.
c). RCC / PCC well staining, PCC below foundations and 40
approach slab, annular filling around foundations.
d). RCC works in T-beam and slab / solid slab / voided 20
slab and box girder superstructure, wearing coat, kerb,
crash barrier, approach slab, dirt walls, coping on
masonry wing walls, hollow abutments and piers, pier /
abutment caps, pedestals, dirt walls, piles, all
components of counter fort type abutments, columns,
cantilever return walls etc.
e). All PSC works 20
f). Any other item As specified by the
Engineer

Clause 1707 EQUIPMENT

“The Para “a (i) & (ii)” shall be replaced with the following:
For production of concrete, batching and mixing of the concrete shall be done in a
concrete batching and mixing plant fully automatic of a minimum capacity of 15 cum/hour.
The plant shall be approved by the Engineer.”
The third para of para “(a)” shall be replaced with the following
“The accuracy of measuring devices shall fall within the following limits:
Measurement of Cement: + 1% of the quantity of cement in each batch.
Measurement of Water: + 1% of the quantity of water in each batch.
Measurement of Aggregate: + 2% of the quantity of Aggregate in each batch.
Measurement of Admixture: +1% of the quantity of Admixture in each batch.
 232

CLAUSE 1715 HIGH PERFORMANCE CONCRETE

Sub Clause 1715.9: Additional Tests for Concrete

Replace “Clause 1714.3” with 1714.4 in 2nd line of Sub-Clause 1715.9.

CLAUSE 1800 PRESTRESSING

CLAUSE 1803 MATERIALS

Sub Clause 1803.2.2 M.S. Sheathing Ducts

Replace “1804.6” with “1805.6” in 3rd line of 3rd paragraph of Clause 1803.2.2.
 233

SECTION 2000 BEARINGS

CLAUSE 2005 ELASTOMERIC BEARINGS

Sub Clause 2005.4: Acceptance Specifications

In Paragraph 5, substitute the words "Engineer or his authorised representative" for the word
"Inspector".

Sub-Clause 2005.4.5 Inspection Certificate

Substitute the words "Engineer or his authorised representative" for the word "Inspector".

Sub-Clause 2005.4.6 Quality Control Certificate

Delete the words “/Inspector” in sub-paragraph b) of 1st paragraph.

CLAUSE 2009 MEASUREMENTS FOR PAYMENT

Add the following after Paragraph 2:

"Tar Paper bearings shall be measured in square meters."

CLAUSE 2011 TAR PAPER BEARING

Add the new Clause 2011 at the end of the Section 2000.

“2011 TAR PAPER BEARING

Tar Paper bearing shall be reinforced bitumen laminated Kraft paper conforming to the
requirements of IS- 1398.”
 234

CLAUSE 2100 OPEN FOUNDATIONS

CLAUSE 2104 WORKMANSHIP

Sub Clause 2104.1 Preparation of Foundations

Replace “M10” with “M15” in 5th line of 1st paragraph of Clause 2104.1.

Sub Clause 2104.3 Construction

Replace “M10” with “M15” in 1st & 7th line of sub-paragraph ii) of Clause 2104.3.

SECTION 2200 SUB-STRUCTURE

CLAUSE 2204 PIERS AND ABUTMENTS

Add the following paragraph at the end of Clause 2204

“Wherever necessary, suitable cofferdams or other means shall be provided to exclude water
from the construction area. The Contractor shall provide necessary pumping equipment for
dewatering in working areas.”

CLAUSE 2210 RATE

This Clause shall read as under:

“The contract rate for masonry, concrete reinforcement and weep hole in substructure shall
include all works as given in respective sections of these Specifications and cover the cost of
all incidental items like providing cofferdams, dewatering, providing special formwork,
where necessary, and all other items for furnishing and providing substructure as mentioned
in this Specifications and shown on the drawings.

The necessary material (asphaltic/bituminous board or equivalent material) and labour, tools
etc. required for maintaining 20 / 40 mm gap between faces of various structures (old / new)
wherever required / as shown in drawing shall be incidental to work and shall not be
measured / paid separately.”
 235

SECTION 2500 RIVER TRAINING AND PROTECTION WORK

CLAUSE 2504 PITCHING/REVETMENT ON SLOPES

Sub Clause 2504.3 Construction Operations

Replace “Clause 1405.3” with “Clause 1405.1.3” in 3rd line of 3rd paragraph of Clause
2504.3.

CLAUSE 2507 CURTAIN WALL AND FLEXIBLE APRON

Sub Clause 2507.1 Curtain Wall

The last sentence of this Clause shall read as:

“The curtain wall shall be in cement concrete grade as shown in the drawing.”

SECTION 2700 WEARING COAT AND APPURTENANCES

Add the following additional clauses:

Sub-Clause 2703.5 Concrete crash barrier for bridges

Sub-Clause 2703.5.1 General

This work shall consist of construction, provision and installation of concrete crash barrier on
the bridge deck / approach slab / approaches at locations and of dimensions as shown on the
drawings or as directed by the Engineer.

Sub-Clause 2703.5.2 Materials

All materials shall conform to Section 1000- Materials for Structures as applicable, and
relevant Clauses in Section 1600 shall govern the steel reinforcement. The concrete barriers
shall be constructed either by the “cast-in-place with fixed forms” method or the “extrusion
or slip form” method or a combination thereof at the Contractor’s option with the approval of
the Engineer. Where “extrusion or slip form” method is adopted, full details of the method
and literature shall be furnished.

Grade of concrete for Crash barriers on deck slab, approach slab etc. shall be M40.

An expansion joint with Polysulphide Joint sealants and bituminous fibre board shall be
provided in the crash barriers at the location of expansion joints/ gaps on the bridge,
approaches etc.

Sub-Clause 2703.5.3 Construction Operations

The location of crash barrier shall be strictly adhered to as shown on the drawing and as
directed by the Engineer. Concrete crash barriers shall present a smooth, uniform appearance
 236

in their final position, conforming to the horizontal and vertical lines shown on the plans or as
ordered by the Engineer and shall be free of lumps, sags or other irregularities. The top and
exposed faces of the barriers shall conform to the specified tolerances, as defined in Clause
2703.5.4, when tested with 3 m straight edge, laid on the surface.

The concrete crash barrier or precast shall be given two coats of cement paint or aqua based
paint as directed by the Engineer of approved brand and shade.

Sub-Clause 2703.5.4 Tolerance

The overall horizontal alignment of crash barrier and rails shall not depart from the road
alignment by more than + 30 mm, nor deviate in any two successive lengths from straight by
more than 6 mm and the faces shall not vary more than 12 mm from the edge of a 3 m
straight edge. Barriers shall be at the specified height as shown in the plans above the edge of
the nearest adjacent carriageway or shoulder, within a tolerance of + 30 mm.

Sub-Clause 2703.5.5 Measurements for Payment

All barriers will be measured in linear metres of concrete in place, including approach and
departure ends. The steel rails on the top of crash barrier shall be measured and paid
separately. The sealing of opening in crash barrier at expansion joints with polysulphide
rubber joint sealant and bituminous fibre board as per sub-clause 2703.6 shall be incidental to
work. The painting shall be measured in square meter.

Sub-Clause 2703.5.6 Rate

The Contract unit rate shall include full compensation for furnishing all labour, materials
including steel reinforcement as per drawings, tools, equipment and incidental costs
necessary for doing all the work involved in constructing the concrete barrier complete in
place in all respects as per these Specifications.

Sub-Clause 2703.6 POLYSULPHIDE RUBBER JOINT SEALANT

Polysulphide Joint sealants with bituminous fibre board shall be provided in the Expansion
Joints/ gaps in Crash Barriers.

Before application it shall be ensured that the top of the bituminous fibre board and the
concrete faces are dry, sound, and free from dirt, grease and other loose foreign matter. A thin
coat of primer shall be applied on concrete faces with a brush to air dry before applying
sealant. The components of the sealant i.e. base and hardener shall be mixed in a slow speed
mixed sealant till uniform colour is obtained. Placement of the mechanical mixer shall be
done with either cartridge or fully enclosed gun barrels within 30 minute of mixing.
Manufacturer’s recommendation shall be followed.
 237

The sealing compound shall be two packs, low modulus of elasticity Polysulphide
elastomeric having bituminous ingredients such as Cico T-680 or equivalent with following
properties of the cured compound.

Tensile strength - 0.4 MPa  10%

Modulus of elasticity - At 100% elongation: 0.15 MPa
Elongation - Elongation at break 550%
Hardness - Shore ‘A’ hardness 22  3 @ 25°C
Operating temperature - -20°C to + 80°C
Shrinkage - Less than 1%
Permanent dynamic -  25%
Movement capability

Polysulphide material shall be approved by the Engineer prior to procurement.

Measurements for Payments:

Cost for providing Polysulphide Joint sealants and bituminous fibre board in the Expansion
Joints in Crash Barriers shall be deemed to be included in the unit rate of Crash Barrier and
shall not be measured separately.

CLAUSE 2706 WEEP HOLES

This Clause shall read as under:

“Weep holes shall be provided in solid plain concrete / reinforced concrete/ brick or stone
masonry abutments, wing walls, return walls as shown in the drawing or as directed by the
Engineer to drive moisture from the back filling. Weep holes shall be provided with 100mm
dia PVC (6 Kg/cm2) pipe and shall extend through the full width of concrete/masonry with
slope of about 1 vertical: 20 horizontal towards the draining face.

The spacing of weep holes shall generally be 1 m in either direction or as shown in the
drawing with the lowest at about 150 mm above the low water level or ground level
whichever is higher or as directed by the Engineer.”

CLAUSE 2708 MEASUREMENT FOR PAYMENT

Sub-paragraph i) of this Clause shall read under:

“i) Cement wearing coat shall be measured in cubic metres. Bituminous wearing coat be
measured in square metres. Steel reinforcements in concrete wearing coat shall be measured
in tonnes.”
 238

Sub-paragraph iii) of this Clause shall read under:

“iii) Concrete crash barriers shall be measured in linear metres of concrete in place, including
approach and departure ends. The steel rails on the top of crash barrier shall be measured and
paid separately. The sealing of opening in crash barrier at expansion joints with polysulphide
rubber joint sealant and bituminous fibre board as per sub-clause 2703.6 shall be incidental to
work. The painting shall be measured in square meter. .”

SECTION 2900 PIPE CULVERTS

Clause 2906 JOINTING

The first and second sentences of Paragraph 1 shall read as under:

“The pipes shall be joined by collar. The collars shall be of RCC 150 to 200 mm wide and
having the same strength as the pipes to be jointed.”

CLAUSE 2910 MEASUREMENT FOR PAYMENT

This Clause shall read as under:

“RCC pipe culverts including selected granular material and cement concrete for pipe
bedding shall be measured along their centre between the inlet and the outlet ends in linear
metres.

Ancillary works like headwalls, Aprons etc., shall be measured as provided for under the
respective Sections.”

CLAUSE 2911 RATE

This Clause shall read as under:

“The Contract unit rate for the pipes shall include the cost of pipes including loading,
unloading, hauling, handling, storing, laying in position, jointing and backfilling complete
and all incidental costs to complete the work as per these Specifications. Cost of selected
granular material and cement concrete for pipe bedding shall be included in the Contract unit
rate for pipes.

Ancillary works such as excavations including, concrete and masonry shall be paid for
separately, as provided under the respective Clauses.”
 239

SECTION 3000 MAINTENANCE OF ROAD

CLAUSE 3001: GENERAL

Add the following at the end of Clause 3001:

“The maintenance work carried out during the period from the Commencement Date to the
issue of Taking Over Certificate shall be incidental to the works. The same shall not be
measured and paid.”
 240

ADDITIONAL TECHNICAL SPECIFICATIONS

CLAUSE A-1 DIVERSION AND FILLING OF EXISTING WATER COURSES ALONG
THE ROAD ALIGNMENT

Where watercourses have to be diverted from the sites of embankments, the original channels
shall be cleared of all vegetation and soft deposits as directed by the Engineer and carefully
filled in with suitable materials and compacted as specified. The new channel/ side drain
shall be formed as shown in the drawings or as directed by the Engineer.

1. Measurement for Payment

The work involved in filling existing watercourses shall be measured as follows:

(i) The work involved in filling existing watercourses shall be measured under clearing
and grubbing item on area basis.

(ii) Excavation and removal of soft deposits shall be measured in cubic metre.

(iii) Filling with suitable material shall be measured in cubic metre.

(iv) The works involved in forming the new channel/side drain shall be measured under
the relevant items of work.
 241

CLAUSE A-2 CHUTE DRAIN FOR HIGH EMBANKMENT SECTIONS

Clause A-2.1 Scope

This work shall consist of construction of chute drain on the slope of the road embankment
including erosion protection works at the locations and to dimensions shown on the Drawings
or as directed by Engineer. Schedule of works shall be so arranged that the drains are
completed in proper sequence with roadway to ensure that no damage is caused due to lack of
drainage.

Clause A-2.2 Materials

The drains shall be rectangular 300mm wide and 200 mm depth in cement concrete M-20
grade with foundation in M-15 grade concrete as shown in the drawings. The RCC work shall
conform to the relevant clauses of these specifications. Energy dissipation structures in M-20
grade shall be provided at the foot of the chute as shown in the drawings. Dumped riprap for
erosion protection at ground level shall be hard, un-weathered and durable rubble stone of
size 150 to 250mm.

Clause A-2.3 Construction Operations

Excavation for fixing drain sections: At the locations where the chute drains are to be
installed, a rectangular cut on the side slope of the embankment along the line of the chute
drain shall be made in such a way that the RCC drain sections could be fixed snugly with
their edges flush with the adjoining embankment slope. The sloping bed of the drain shall be
to a regular line and suitably compacted to provide a firm bed. Fixing RCC Drains sections:
The ends of the RCC drain sections shall be specially shaped to form a self-cantering joint.
Fixing of the drain sections shall start from top of toe wall at the lower end and proceed
towards the upper. The jointing space shall be filled with cement mortar (1 cement to 2 sand)
mixed sufficiently dry to remain in position when fixed with a trowel or wooden rammer.
Care shall be taken to fill all voids, and excess mortar shall be removed. All joints shall be
made with care with interior surface of RCC sections. After finishing, the joints shall be kept
covered and damp for at least 4 days.
 242

Dumped Rip Rap: Dumped rip rap for erosion protection shall be placed above ground level
at the lower end of the chute drain in such a way that the rip rap stones are not easily moved
by water flowing down the chute drain.

Clause A-2.4 Measurements for Payment

Chute drain shall be measured as length of drain sections placed in position in linear metre.
Excavation and preparation of bed for the drain shall not be measured separately. Energy
dissipation structures shall be measured in cum. Dumped riprap shall be measured as volume
of the material placed in position in cum.

Clause A-2.5 Rate

Rate for the different items of work shall be payment in full for completing the respective
work including all materials, labour, equipment and incidentals.
 243

CLAUSE A-3 SPECIFICATIONS FOR PAINTING OF STRUCTURES WITH

SYNTHETIC ENAMEL PAINT/ WATER PROOFING CEMENT PAINT

Clause A-3.1 Materials

Synthetic enamel paint confirming to IS: 2932 of approved brand and manufacture and of the
required colour shall be used for the top coat and an undercoat of ordinary paint of shade to
match the top coat as recommended by the same manufacturer as far as top coat shall be used.
Clause A-3.2 Painting on New Surface
Clause A-3.2.1 Preparation of surface
The surface shall be thoroughly cleaned and dusted off. All dirt, mortar droppings and grease
shall be thoroughly removed before painting is started. The prepared surface shall have
received the approval of the Engineer after inspection, before painting is commenced.
Clause A-3.2.2 Application
The number of coats including the undercoat shall be as stipulated in the item.
(a) Under coat: One coat of the specified ordinary paint of shade suited to the shade of
the top coat shall be applied and allowed to dry overnight. It shall be rubbed next day
with the finest grade of wet abrasive paper to ensure a smooth and even surface, free
from brush marks and all loose particles dusted off.
(b) Top Coat: Two top coats of synthetic enamel paint of desired shade shall be applied
after the undercoat is thoroughly dry. Additional finishing coats shall be applied if
found necessary to ensure properly uniform glossy surface.
Clause A-3.3 Lettering and Numbering on New Surface
The letters and numbers for bridges/culverts span and number shall be as per IRC:7-1971.
The size of area for painting shall be varied depend upon the numbers and letters. The
background area and letters/numbers shall be painted with one prime coat(under coat) and
two coats (top coat) of synthetic enamel paint.
Clause A-3.4 Measurement for payment
The painting of culverts /Bridges numbering and span arrangement shall be measured in
number of each side facing traffic. The Painting of edge stones, breast walls, parapet walls
and road side trees at curves shall be measured in Square metres.
Clause A-3.5 Rate
Rate for the painting of culverts /Bridges numbering and span arrangement shall include the
cost of materials, labour and other operation described above to complete set of letters and
numbers required in each side facing traffic. Rate for Painting of edge stones, breast walls,
parapet walls and road side trees at curves shall include the cost of materials, labour,
including all other incidental costs to complete the work.
 244

CLAUSE A-4 CONTROLLED BLASTING

Clause A-4.1 GENERAL

The specifications for excavation in rock are covered by MoRT&H “Specifications for Road
& Bridge Works” (5th revision April, 2013), vide Section300. The following specifications
are additional and supplementary to the same.

Clause A-4.2 CONTROLLED BLASTING

Whenever required by the Engineer, the rock blasting shall be controlled so that vibration
generated during the blasting does not cause damage to the building and installation around
built up areas. Similarly, the rock pieces should not fly off the pits and thus damage the
buildings and installation and life and limb of people around. Apart from the general
precautions mentioned in the MoRT&H Specifications, following protective measures and
limits for use of explosives are suggested as guidelines.

Clause A-4.3 PROTECTIVE MEASURES

a) Short delay blasting with light charges shall be used.

b) The blast hole shall be covered with 0.6 to 1.0 sq.m. Mild steel plate of minimum 6 mm
thickness.

c) Reinforcement rod mesh not less than 20 mm dia. at 150 mm centres in both directions
shall be placed over the steel plates.

d) Steel plate and reinforcements shall be inspected after every blasting operation and all
twists shall be removed before reuse to the satisfaction of the Engineer.

e) The thickness of the covering plate and the kind of dead weight is to be duly approved
by the Engineer.

When blasting is necessary adjacent in partially of completely built structures the contractor
shall take all precautions necessary to prevent flying rock from causing damage to the
structures.

Clause A-4.4 BLASTING WITHIN CERTAIN LIMITS

No blasting shall be allowed for any of the excavation until freshly placed concrete of nearby
structures has reached a minimum strength of 7 MPa.
 245

Normally, blasting shall be resorted to only after 7 days of concreting work in case of OPC
(10 days in case of PPC) in adjacent structures.

In no case shall blasting be allowed closer than 15m to any structure after concrete placing
has started.

When minor blasting is necessary after concrete placing has started in any structure, the
maximum size of charge for distance from 100m and above shall be limited to the following:

Distance in Safe particle velocity 10 mm/sec. Safe particle velocity 3

m Charge in kgs per delay mm/sec. Charge in kgs per
delay.

100 10.7 2.6

150 24.2 5.8

200 43.0 10.3

250 67.3 16.7

300 96.9 23.2

350 131.9 31.6

400 172.3 41.2

450 218.2 52.2

500 269.3 64.5

Any deviation in the above-recommended limits will be adopted only after the specific
approval of the Engineer. The contractor shall submit the scheme with charges and delays he
proposed to use for blasting, for approval of the Engineer.

It is generally recommended that where the blasting is to be done, within 20 m of the nearest
point of permanent building, the area shall be line drilled on periphery before blasting.

The Contractor shall be responsible for all damage caused by blasting whether to permanent
or temporary structures and shall replace or repair the structures at his own cost.
 246

Clause A-4.5 PRECAUTIONS AFTER BLASTING

After the blast, the supervisor must carefully inspect the work and satisfy himself that all the
charges have exploded. After the blast takes place in underground works, the workmen shall
not be allowed to go to the face till toxic gases have disappeared from the face.

If it is suspected that part of the blast has failed to fire or is delayed, sufficient time shall be
allowed to elapse before entering the danger zone. When fuse and blasting caps are used, a
safe time should be allowed and then the supervisor alone shall leave the shelter to inspect the
blasting zone.

None of the drillers are to work near the misfired hole until one of the two following
operations has been carried out by the Supervisor:

Either (i) the Supervisor should very carefully (when the tamping is of damp clay) extract the
tamping with a wooden scraper or jet of water or compressed air (using a pipe of soft
material) and withdraw the fuse with the primer and a fresh detonator with fuse should be
placed in these holes and fired out, or (ii) the hole may be cleared of 30 cm of tamping and its
direction then be ascertained by placing a stick in the hole. Another hole may then be drilled
at least 60 centimetres away and parallel to it and about 30 cm less in depth, this hole shall
them be charged and fired. The balance of the cartridges and detonators found in the muck
shall be removed.

Before leaving his work, the Supervisor of the concluding shift shall inform the Supervisor of
the relieving shift of any case of misfires and should point out the position with a red cross
denoting the same and also stating what action, if any, he has taken in the matter.

The Supervisor should also at once report at the office of the Contractor and the Engineer all
cases of misfire, the cause of the same and what steps were taken in connection with these.

The names of the day and night shift Supervisors must be noted daily in the Contractor’s
office.

If a misfire has been found to be due to a defective detonator of dynamite the whole quantity
or box from which the defective article was taken, must be thoroughly inspected by the
Contractor.

Drilling in holes not completely exploded by blasting shall not be permitted.

 247

Clause A-4.6 PERSONNEL

Excavation by blasting will be permitted only under the personal supervision of competent
and licensed blasters and trained workmen.

All supervisors and workmen in-charge of preparation, handling, storage and blasting work
shall be adequately insured by the Contractor.

Storage shall be in charge of a very reliable person approved by the Engineer, who may, if
necessary conduct police enquiries as to his reliability, antecedents etc. The contractor shall
have to produce a security for the person in-charge of the explosives, if and when required by
the Engineer, of the civil authorities of the district.

The Contractor shall make sure that his supervisors and workmen are fully conversant with
all the rules to be observed in storing, handling and use of the explosives. It shall be ensured
that the supervisors in charge are thoroughly acquainted with the details of the handling of
explosives and blasting operations.

CLAUSE A-5 INTER LOCKING CONCRETE BLOCKS

Clause A-5.1 Scope

The scope of work involves laying of Precast M-30 grade interlocking concrete blocks of
85mm thick laid on 30 mm thick prepared sand bed conforming to IRC: SP: 63 and as
directed by Engineer. The shape of blocks, the source of supply, the methodology for laying
of blocks shall be got approved from Engineer.

Clause A-5.2 Unit of measurement

The unit of measurement shall be the area of the finished item of work of interlocking blocks
measured in plan in sq m.

Clause A-5.3 Rate

The unit cost includes full compensation for laying the sand bed and laying the interlocking
tiles including the cost of sand and tiles.
 248

CLAUSE A-5A INTER LOCKING CONCRETE BLOCKS FOR RAISED

PEDESTRIAN CROSSING

Clause A-5A.1 Scope

The scope of work involves laying of interlocking Paver blocks of 85mm thick conforming to
IRC: SP: 63 laid on 30 mm thick prepared sand bed. M-30 grade Precast Concrete blocks of
size (400x100X150) mm for lateral support and Bituminous Concrete ramp as per drawing on
either side and as directed by the Engineer. The shape of paver blocks, the source of supply,
the methodology for laying of blocks shall be got approved from Engineer.

Clause A-5A.2 Unit of measurement

The unit of measurement shall be the area of the finished item of work of interlocking Paver
blocks including M-30 grade Precast Concrete blocks and Bituminous Concrete ramp on
either side measured in plan in sq m.

Clause A-5A.3 Rate

The unit cost includes full compensation for laying the sand bed, laying the interlocking
Paver blocks, M-30 grade Precast Concrete blocks and Bituminous Concrete ramp including
the cost of sand, interlocking Paver blocks, M-30 grade Precast Concrete blocks and forming
Bituminous Concrete ramp on either side complete.
 249

CLAUSE A-6 UTILITY DUCTS

Clause A-6.1 Scope

The work shall consist of laying and jointing of R.C.C. Utility Ducts in accordance with the
requirements of these specifications.

Clause A-6.2 Materials

Reinforced concrete pipes shall be of NP 4 type conforming to IS: 458 as shown in the
drawings.

Clause A-6.3 Laying of Pipes

Laying of Pipes shall be carried out in accordance with clause 2905; the Pipes shall be fitted
and matched so that when laid in work they shall have a smooth uniform invert.

Clause A-6.4 Jointing

The Pipes shall be jointed either by collar joint or flush joint. Caulking shall be carried out as
directed by the Engineer. The provisions of clause 2906 of the specifications shall be
followed to the extent applicable. The Engineer’s decision shall be final and binding.

Clause A-6.5 Back Filling

Where directed by the Engineer shall be carried out in accordance with clause 2907 of the
specifications.

Clause A-6.6 Closing of Ends

The ends of Pipes shall be closed with plastic covers to prevent ingress of foreign materials

Clause A-6.7 Measurement of Payments

The utility ducts shall be measured from end to end in linear meter.

Clause A-6.8 Rate

The contract rate for ducts shall include the cost of pipes including collars and covers,
handling and storing of Pipes, laying in positions and jointing, construction of head wall and
inspection chamber, complete and all incidental works necessary for completion. Excavation
including back filling where necessary shall not be measured and paid separately and the
same shall be included in the rate for Utility Ducts.
 250

CLAUSE A-7 FILLING OF OPEN WELLS

Clause A-7.1 Scope

The work shall consist of removal and disposal of all unsuitable and obstructing materials,
demolition of any existing parapet wall etc. of the well, placing of selected materials in
layers, and compaction in layers for filling of open wells originally used as sources for
potable water. The work shall be carried out in accordance with the Specifications and as
directed by the Engineer. These specifications would be applicable for open wells over which
the road embankments would be built. These would not be applicable for plugging of open
wells.

A-7.2 Materials

The fill materials shall be sand or gravel. The filling shall be free from any hazardous
material such as harmful chemicals, sewage etc., which could cause contamination of ground
water. A mixture of sand and gravel would be acceptable as filling material.

The types of material to be used shall be as per Table-1 and as directed by the Engineer.
Table -7.1: Material for Filling of Open Wells

Sl. No. Description Material Type

Mixture of sand and gravel up to 1.5m height below natural

ground level. The selected granular soil with Plasticity
Well with standing Index (PI) < 6 for the remaining depth of well. To achieve
1
water the desired compaction, the top 1.5m shall be executed by
lowering the standing water level by more than 1.5m below
natural ground level.

Mixture of sand and gravel up to 1.5m height below natural

Dry well with
2 ground level. The selected granular soil with Plasticity
depth
Index (PI) < 6 for the remaining depth of well.

Note: (1) Materials for filling of wells of sizes less than 1m in diameter shall be mixture of
natural sand and gravel. (2) The selected materials (soils and sand-gravel
mixtures) shall have MDD (as per IS2720, Part-8) not less than 16.0 kN/m3. The sand-
gravel mix shall be as per sub clause 2504.
 251

A-7.3 Construction Operations

a). Removal of Obstructing Materials

All debris including floating materials and logs etc. shall be removed from the bed of
wells.

b). Placing and Compaction

(i). The placing and compaction operations would commence after completion of the
preceding tasks as mentioned above at (a) to the satisfaction of the Engineer.

(ii). The fill material as specified in Table-1 above shall be placed in the well in layer
of 500 mm. Dumping of materials from dump trucks and front-end loaders into
the abandoned wells shall not be allowed.

(iii). Each layer of fill material shall be compacted by flooding with water.

A-7.4 Measurement for Payment

Measurement of well filling shall be in cum for finished work.

A-7.5 Rate

The contact unit rates for filling of open wells shall include removal of debris, dismantling of
any existing parapet wall etc. of the well, cost of fill materials, machinery, labour, all
compaction works, environmental protection works, if so directed by the Engineer, and
disposal of unsuitable materials complete with all leads and lifts and as directed by the
Engineer.

Clause A-8 POST CONSTRUCTION SERVICES

Obligations on post construction services stated in the Tender Document shall apply.

Clause A-9 SPECIFIC PROVISIONS FOR PROTECTION OF ENVIRONMENT

Please refer to Environmental Management Plan attached as separate files along with
Tender document.
 252

SCHEDULE- E

(See Clauses 2.1 and 14.2 of GCC)

MAINTENANCE REQUIREMENTS
1 Maintenance Requirements

1.1 The Contractor shall, at all times maintain the Project Highway in accordance with the
provisions of this Agreement, Applicable Laws and Applicable Permits.

1.2 The Contractor shall repair or rectify any Defect or deficiency set forth in Paragraph 2
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.

1.3 All Materials, works and construction operations shall conform to the MORTH
Specifications for Road and Bridge Works 5th Revision, 2013 and the relevant IRC
publications (updated upto the date proceeding the last date of submission of Tender
by 28 days). Where the specifications for a work are not given, Good Industry
Practice shall be adopted.

2 Repair/rectification of Defects and deficiencies

The obligations of the Contractor in respect of Maintenance Requirements shall

include repair and rectification of the Defects and deficiencies specified in Annex - I
of this Schedule-E within the time limit set forth therein.

3 Other Defects and deficiencies

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 time limit specified by the
Authority’s Engineer.

4 Extension of time limit

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/ Employer and conveyed to the Contractor with reasons
thereof.
 253

5 Emergency repairs/restoration

Notwithstanding anything to the contrary contained in this Schedule-E, if any Defect,

deficiency or deterioration in the Project Highway poses a hazard to safety or risk of
damage to property, the Contractor shall promptly take all reasonable measures for
eliminating or minimizing such danger.

6 Daily inspection by the Contractor

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.

7. Pre-monsoon inspection / Post-monsoon inspection

The Contractor shall carry out a detailed pre-monsoon inspection of all bridges,
culverts and drainage system before 15th July 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/Employer before the 30th July every year. The Contractor
shall complete the required repairs before the onset of the monsoon and send to the
Authority’s Engineer/Employer a compliance report. Post monsoon inspection shall
be done by the 30th December 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/Employer.

8. Repairs on account of natural calamities

All damages occurring to the Project Highway on account of a Force Majeure Event
or 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.

9. Overlay during the 6th year of the maintenance period

In addition to routine maintenance, an overlay using Bituminous Concrete (40mm

thick), Road Markings, Studs, Rumble strips, etc., complete over the entire stretch of
project corridor shall be provided on the 6th (sixth) year.
 254

Annex - I
(Schedule-E)
Repair/rectification of Defects and deficiencies

The Contractor shall repair and rectify the Defects and deficiencies specified in this Annex-I
of Schedule-E within the time limit set forth in the table below.

Time limit for

Nature of Defect or deficiency
repair/rectification
ROADS
(a) Carriageway and paved shoulders
(i) Breach or blockade Temporary restoration of traffic
within 24 hours; permanent
restoration within 15 (fifteen)
days
(ii) Roughness value exceeding 2,200 mm in a 120 (one hundred and twenty)
stretch of 1 km (as measured by a calibrated days
bump integrator)
(iii) Potholes 24 hours
(iv) Any cracks in road surface 15 (fifteen) days
(v) Any depressions, rutting exceeding 10 mm 30 (thirty) days
in road surface
(vi) Bleeding/skidding 7 (seven) days
(vii) Any other defect/distress on the road 15 (fifteen) days
(viii) Damage to pavement edges 15 (fifteen) days
(ix) Removal of debris, dead animals 6 hours
(b) Granular earth shoulders, side slopes,
drains and culverts
(i) Variation by more than 1 % in the 7 (seven) days
prescribed slope of camber/cross fall (shall
not be less than the camber on the main
carriageway)
(ii) Edge drop at shoulders exceeding 40 mm 7 (seven) days
(iii) Variation by more than 15% in the 30 (thirty) days
prescribed side (embankment) slopes
(iv) Rain cuts/gullies in slope 7 (seven) days
(v) Damage to or silting of culverts and side 7 (seven) days
drains
(vi) Desilting of drains in urban/semi-urban 24 hours
areas
(vii) Railing, parapets, crash barriers 7 (seven) days (Restore
immediately if causing safety
hazard)
 255

Time limit for

Nature of Defect or deficiency
repair/rectification
(c) Road side furniture including road sign
and pavement marking
(i) Damage to shape or position, poor visibility 48 hours
or loss of retro-reflectivity
(ii) Painting of km stone, railing, parapets, crash As and when required/Once every
barriers year
(iii) Damaged/missing road signs, KM and 7 (seven) days
200m Stone requiring replacement
(iv) Damage to road mark ups 7 (seven) days
(d) Road lighting
(i) Any major failure of the system 24 hours
(ii) Faults and minor failures 8 hours
(e) Trees and plantation
(i) Obstruction in a minimum head-room of 5 24 hours
m above carriageway or obstruction in
visibility of road signs
(ii) Removal of fallen trees from carriageway 4 hours
(iii) Deterioration in health of trees and bushes Timely watering and treatment
(iv) Trees and bushes requiring replacement 30 (thirty) days
(v) Removal of vegetation affecting sight line 15 (fifteen) days
and road structures
(f) Rest area
(i) Cleaning of toilets Every 4 hours
(ii) Defects in electrical, water and sanitary 24 hours
installations
(g) Other Project Facilities and Approach
roads
(i) Damage in approach roads, pedestrian 15 (fifteen) days
facilities, truck lay-byes, bus-bays, bus-
shelters, cattle crossings
(ii) Damaged vehicles or debris on the road 4 (four) hours
(iii) Malfunctioning of the mobile crane 4 (four) hours
Bridges /Culverts
(a) Superstructure
(i) Any damage, cracks, spalling/ scaling
Temporary measures within 48 hours
Permanent measures within 15 (fifteen) days or as
specified by the Authority’s
Engineer
 256

Time limit for

Nature of Defect or deficiency
repair/rectification
(b) Foundations
(i) Scouring and/or cultivation, desilting, 15 (fifteen) days
removal of Vegetations
(c) Piers, abutments, return walls and wing
walls
(i) Cracks and damages including settlement 30 (thirty) days
and tilting, spalling, scaling
(d) Bearings (metallic) of bridges
(i) Deformation, damages, tilting or shifting of 15 (fifteen) days
bearings Greasing of metallic bearings
once in a year
(e) Joints
(i) Malfunctioning of joints 15 (fifteen) days
(f) Other items
(i) Deforming of pads in elastomeric bearings 7 (seven) days
(ii) Gathering of dirt in bearings and joints; or 3 (three) days
clogging of spouts, weep holes and vent-
holes
(iii) Damage or deterioration in kerbs, parapets, 3 (three) days
handrails and crash barriers (immediately within 24 hours if
posing danger to safety)
(iv) Rain-cuts or erosion of banks of the side 3 (seven) days
slopes of 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
or obstructing the waterway
(g) Other Facilities
(i) Damage to retaining wall/breast wall 7 (seven) days
(ii) Highway Lighting 12 (twelve) hours
(iii) Truck / Bus Lay Bye 7 (seven) days
(iv) Rest Areas and others maintenance 7 (seven) days
obligations
 257

SCHEDULE - F

(See Clause 3.1.7(a) of GCC)

F. APPLICABLE PERMITS

1 Applicable Permits

1.1 The Contractor shall obtain, as required under the Applicable Laws, the following
Applicable Permits:

(a) Permission of the State Government for extraction of boulders from quarry;

(b) Permission of Village Panchayats and Pollution Control Board for installation
of crushers;

(c) License for use of explosives;

(d) Permission of the State Government for drawing water from river/reservoir;

(e) License from inspector of factories or other competent Authority for setting up
batching plant;

(f) Clearance of Pollution Control Board 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

(i) Any other permits or clearances required under Applicable Laws.

1.2 Applicable Permits, as required, relating to environmental protection and conservation

shall have been procured by the Authority in accordance with the provisions of this
Agreement.
 258

SCHEDULE -G

Annex-I
(See Clause 7.1.1of GCC )
PERFORMANCE SECURITY

[Bank’s name, and address of issuing branch or office]

Beneficiary: [Name and address of the employer]
Date: ............................................................................................................................................
Performance Guarantee No.: ....................................................................................................
We have been informed that [name of the contractor] (hereinafter called "the
Contractor") has entered into Contract No. [reference number of the contract] dated . .
. . . . . . with you, for the execution of [name of contract and brief description of works]
(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a
performance guarantee is required.
At the request of the Contractor, we [name of the bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of [name of the currency
and amount in words]1[amount in figures] such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, upon receipt by us of
your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation(s) under the Contract, without your needing to
prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the [date] day of [month], [year]2, and any
demand for payment under it must be received by us at this office on or before that
date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC
Publication No. 458 [or ICC Publication No. 758 as applicable], except that
subparagraph (ii) of Sub-article 20(a) is hereby excluded.3
....................................
[Signature(s) and seal of bank (where appropriate)]
Note to Tenderer
If the institution issuing the performance security is located outside the country of the
employer, it shall have a correspondent financial institution located in the country of
the employer to make it enforceable.

1
The guarantor shall insert an amount representing the percentage of the contract price specified in the contract and denominated either
in the currency(ies) of the contract or a freely convertible currency acceptable to the employer.
2
Insert 60 days after the Defects Liability Period. The employer should note that in the event of an extension of the time for completion
of the contract, the employer would need to request an extension of this guarantee from the guarantor. Such request must be in writing
and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this
guarantee for a period not to exceed [6 months][1 year], in response to the Employer’s written request for such extension, such request
to be presented to the Guarantor before the expiry of the guarantee.”
3
Or the same or similar to this clause specified in the Uniform Rules for Demand Guarantees, ICC Publication No. 758 where
applicable.
 259

Schedule – G
Annex –II
(See Clause 7.5.3 of GCC)

Form for Guarantee for Withdrawal of Retention Money

We have been informed that [name of the contractor] (hereinafter called "the Contractor")
has entered into Contract No. [reference number of the contract] dated . . . . . . . . with you,
for the execution of [name of contract and brief description of works] (hereinafter called
"the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a guarantee

is required for withdrawal of retention money.

At the request of the Contractor, we [name of the bank] hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of [name of the currency and
amount in words]4[amount in figures] such sum being payable in the types and proportions
of currencies in which the Contract Price is payable, upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Contractor is in
breach of its obligation(s) under the Contract, without your needing to prove or to show
grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the [date] day of [month], [year] 5 , and any
demand for payment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458 [or ICC Publication No. 758 as applicable], except that subparagraph (ii) of Sub-
article 20(a) is hereby excluded.6

....................................
[Signature(s) and seal of bank (where appropriate)]
Note to Tenderer
If the institution issuing the performance security is located outside the country of the
employer, it shall have a correspondent financial institution located in the country of
the employer to make it enforceable.

4
The guarantor shall insert an amount representing the percentage of the contract price specified in the contract and denominated either
in the currency(ies) of the contract or a freely convertible currency acceptable to the employer.
5
Insert the date 28 days after the expected completion date. The employer should note that in the event of an extension of the time for
completion of the contract, the employer would need to request an extension of this guarantee from the guarantor. Such request must
be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the employer
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this guarantee for a period not to exceed [6 months][1 year], in response to the Employer’s written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
6
Or the same or similar to this clause specified in the Uniform Rules for Demand Guarantees, ICC Publication No. 758 where
applicable.
 260

Schedule – G
Annex –III
(See Clause 19.2 of GCC)
Advance Payment Security

[Bank’s name, and address of issuing branch or office]

Beneficiary: [Name and address of the employer]

Date: ............................................................................................................................................

Advance Payment Guarantee No.: ...........................................................................................

We have been informed that [name of the contractor] (hereinafter called "the Contractor")
has entered into Contract No. [reference number of the contract] dated . . . . . . ..with you, for
the execution of [name of contract and brief description of works] (hereinafter called "the
Contract").

Furthermore, we understand that, according to the Conditions of the Contract, an advance

payment in the sum [name of the currency and amount in words]7 [amount in figures] is to be
made against an advance payment guarantee.

At the request of the Contractor, we [name of the bank] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [name of the currency and amount
in words] 8 [amount in figures] upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation
under the Contract because the Contractor:

(a) used the advance payment for purposes other than the costs of mobilization and cash
flow support in respect of the Works; or

(b) has failed to repay the advance payment when it has become due and payable in
accordance with the conditions of the Contract, specifying the amount payable by the
Contractor.

It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number
[Contractor’s account number] at [name and address of the bank].

7
The guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of the
advance payment as specified in the Contract, or in a freely convertible currency acceptable to the employer.
8
Footnote 11
 261

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety percent
(90%) of the Contract Price has been certified for payment, or on the [date] day of [month],
[year]9, whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458[or ICC Publication No. 758 as applicable].

....................................
[Signature(s) and seal of bank (where appropriate)]

Note to Tenderer
If the institution issuing the advance payment security is located outside the country of
the employer, it shall have a correspondent financial institution located in the country
of the employer to make it enforceable.

9
Insert the expected expiration date of the time for completion. The employer should note that in the event of an extension of the time
for completion of the contract, the employer would need to request an extension of this guarantee from the guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the employer
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this guarantee for a period not to exceed [6 months][1 year], in response to the Employer’s written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee."
 262

SCHEDULE - H

(See Clauses 10.1.4 and 19.3)

CONTRACT PRICE WEIGHTAGES
(to be given as per the requirements in Schedule B and C)

1.1 The Contract Price for this Agreement is ……..Cr

1.2 Proportions of the Contract Price for different stages of Construction of the Project
Highway shall be as specified below:

Weightages
in
Percentage Percentage
Item Stage of for Payment
to the Weightage
Contract
Price
-1 -2 -3 -4
A- Widening and Strengthening of
existing road
(1) Earthwork up to top of the sub-
-
grade
(2) Granular work (sub-base, base,
-
shoulders)
(3) Bituminous work -
(4)Widening and repair of culverts -
Road works (5) Widening and repair of minor
-
including culverts, bridges
minor bridges, B-New Formation
underpasses, (1) Earthwork up to top of the sub-
69.67% 21.21%
overpasses, grade
approaches to (2) Granular work (sub-base, base,
15.28%
ROB/RUB/ Major shoulders)
Bridges/ Structures (3) Dense Bituminous Macadam
11.08%
(DBM)
(4) Bituminous Concrete 3.26%
(5) SMA Pavement 4.43%
C-Widening & Repair of culverts,
minor bridges, underpasses
(1) Widening and repair of culverts
(a) Pipe Culverts ( ) -
(b) Box Culverts ( Nos) -
 263

Weightages
in
Percentage Percentage
Item Stage of for Payment
to the Weightage
Contract
Price
-1 -2 -3 -4
(c) Slab Culverts ( Nos) -
(2) Widening and repair of minor
bridges
(a) Minor Bridges RCC Slab ( Nos) -
D-New culverts, minor bridges,
underpasses, overpasses on existing
road, realignments, bypasses:
(1) Culverts 7.86%
(2) Minor bridges 2.43%
(3) Major Bridge 13.40%
(4)Cattle/Pedestrian Underpasses -
(5) Pedestrian overpasses -
(6) Grade separated structures
(a) Underpasses 21.05%
(b) Overpass -
(i)Toll Plaza -
(ii) Road side drains (including Energy
dissipation basin and sumps, vertical
drain for rain harvesting, etc.,)
(a) RCC Coverd Lined Drains (m) 23.48%
(b) Unlined Drains (m) -
(iii) Road signs, markings, Studs,
Delinators, Hazard & Object Markers,
KM Stone, 5th KM Stone and HM
4.28%
Stones, Road Boundary Stones, safety
Other works 30.33% devices, Cantilever Gantry & Gantry
type- full width Sign, Foothpath, Etc.,
(iv) Project facilities
(a) Lighting 4.01%
(b) Landscaping and Arboriculture 0.57%
(c) Busbays & Shelters 1.98%
(d) Truck Laybye & Shelters -
(e) I &L Kerb (m) 2.08%
(f) Thrie Beam Crash Barrier 10.89%
(g) Roadside amenities (Entry & Exit
5.85%
Ramps)
 264

Weightages
in
Percentage Percentage
Item Stage of for Payment
to the Weightage
Contract
Price
-1 -2 -3 -4
(h) Junctions & Intersections 9.73%
(v) Providing and laying M-30 grade
reinforced cement concrete in
Retaining Wall (M30) (Raft & Wall) 34.43%
mix using 20MM ISS HBGS graded
metal stone
(vi) Site clearance and dismantling of
0.72%
existing structures
General Items
Construction of Temporary Diversions
Provision and installation of site offices
for the Engineers and the Engineer
representative
Maintain site offices for the Engineer
Supply and installation of all furniture 0.92%
and equipment complete for site offices
Provision of additional office
equipment for the Engineer
Provision and installation of field
laboratory
Maintenance of field laboratory
EMP Items
Mitigation Measures other than Good
Engineering practices.
Plantation & maintenance of Saplings
for 3 years in the ratio of 1: 10 (10 trees
for every tree to be cut) including tree
guards. 1.06%
Monitoring of Environmental
Attributes during Construction
Activity.
Enhancement Measures
Monitoring of Environmental
Attributes during Operation Phase
 265

1.3 Procedure of estimating the value of work done

1.3.1 Road works including culverts, minor bridges, underpasses, overpasses, approaches to
ROB/RUB/ Major Bridges/ Structures

Procedure for estimating the value of road work done shall be as follows

Table 1.3.1

Percentage
Stage of Payment Payment Procedure
- weightage
A- Widening and Strengthening of existing
road
(1) Earthwork up to top of the sub-grade - -
(2) Granular work (sub-base, base, shoulders) - -
(3) Bituminous work - -
(4)Widening and repair of culverts - -
(5) Widening and repair of minor bridges - -
B-New 2-lane realignment/bypass Unit of measurement is
(1) Earthwork up to top of the sub-grade 21.21% linear length. Payment of
(2) Granular work (sub-base, base, shoulders) 15.28% each stage shall be made
(3) Dense Bituminous Macadam (DBM) 11.08% on pro rata basis on
(4) Bituminous Concrete 3.26% completion of a stage in a
length of not less than 10
4.43% (ten) percent of the total
(5)SMA Pavement length.
C-Widening & Repair of culverts, minor
bridges, underpasses
(1) Widening and repair of culverts -
(a) Pipe Culverts ( ) - -
(b) Box Culverts ( Nos) - -
(c) Slab Culverts ( Nos) - -
(2) Widening and repair of minor bridges -
(a) Minor Bridges RCC Slab ( Nos) - -
D-New culverts, minor bridges,
underpasses, overpasses on existing road,
realignments, bypasses:
Cost of completed culverts
shall be determined pro
rata with respect to the
7.86% total number of culverts.
Payment shall be made on
the completion of at least
(1) Culverts two culverts.
 266

Percentage
Stage of Payment Payment Procedure
- weightage
(2) Minor bridges 2.43% (1) Foundation + Sub-
structure: Cost of each
Major/Minor Bridge shall
be determined on pro rata
basis with respect to the
total linear length (m) of
the Major /Minor
Bridges. Payment again
Foundation + Sub-structure
be pro rata basis on
completion 25% of the
stage i.e, not less than 25%
of the scope of function +
Sub-structure of each
bridge subject to
completion of at least two
foundations along with
sub-structure upto
abutment/pier cap level of
each bridge
In case where load testing
(3) Major Bridge 13.40%
is required for foundation,
the trigger of first payment
shall include load testing
also where specified.

(2) Super-structure:
Payment shall be made on
pro rate basis on
completion of a stage i.e,
completion Super-structure
of at least one span in all
respects as specified in the
column of “Stage of
Payment” in the sub-
clause.

(3) Approaches:
Payment shall be made on
pro rate basis on
completion of a stage i.e,
 267

Percentage
Stage of Payment Payment Procedure
- weightage
completion Approaches in
all respects as specified in
the column of “Stage of
Payment” in the sub-
clause.
(4) Cattle/Pedestrian Underpasses - -
(5) Pedestrian overpasses - -
(6) Grade separated structures
Cost of completed
underpass shall be
determined pro rata with
21.05% respect to the total number
of culverts. Payment shall
be made on the completion
(a) Underpasses of at least one underpass.
(b) Overpass - -
@. For example, if the total length of bituminous work to be done is 100 km, the cost per km
of bituminous work shall be determined as follows:
Cost per km = P x weightage for road work x weightage for bituminous work x (1/L)
Where P= Contract Price
L = Total length in km
Similarly, the rates per km for stages (1), (2) and (4) above shall be worked out.

1.3.2 Major Bridge works and ROB/RUB:

Deleted
1.3.3 Structures:

Deleted

1.3.4 Other works:

Procedure for estimating the value of other works done shall be as stated in table
1.3.4:
 268

Table 1.3.4

Stage of Payment Percentage - weightage Payment Procedure

Unit of measurement is each

completed toll plaza. Payment
(i)Toll Plaza 0.00% of each toll plaza shall be made
on pro rata basis with respect to
the total of all toll plazas.
(ii) Roadside drains (including
Energy dissipation basin and
sumps, vertical drain for rain
harvesting, )
(a) RCC Coverd Lined Drains
23.48% Unit of measurement is linear
(m)
length in km. Payment shall be
(b) Unlined Drains (m) -
made on pro rata basis on
(iii) Road signs, markings,
completion of a stage in a length
Studs, Delinators, Hazard &
of not less than 10 % (ten per
Object Markers, KM Stone, 5th
cent) of the total length.
KM Stone and m Stones, Road
4.28%
Boundary Stones, safety
devices, Cantilever Gantry &
Gantry type- full width Sign,
Foothpath, Etc.,
(iv) Project facilities
Payment shall be made on pro
4.01% rata basis for completed
(a) Lighting facilities.
Unit of measurement is linear
length. Payment shall be made
(b) Landscaping and on pro rata basis on completion
0.57%
Arboriculture of a stage in a length of not less
than 10% (ten per cent) of the
total length.
(c) Busbays & Shelters 1.98% Payment shall be made on pro
rata basis for completed
(d) Truck Laybye & Shelters 0.00%
facilities.
Unit of measurement is linear
(e) I &L Kerb (m) 2.08%
length in km.Payement shall be
made on pro rata basis on
completion of a stage in a length
(f) Thrie Beam Crash Barrier 10.89%
of not less than 10 % (ten per
cent) of the total length.
 269

Stage of Payment Percentage - weightage Payment Procedure

(g)Road side amenities (Entry Payment shall be made on pro

5.85%
& Exit Ramps) rata basis for completed
(h) Junctions & Intersections 9.73% facilities.
(v)Providing and laying M-30
grade reinforced cement
Unit of measurement is linear
concrete in Retaining Wall
34.43% length. Payment shall be made
(M30) (Raft &Wall ) mix using
on pro rata basis on completion
20MM ISS HBGS graded
of a stage in a length of not less
metal stone
than 10% (ten per cent) of the
(vi) Site clearance and
total length.
dismantling of existing 0.72%
structures
General Items
Construction of Temporary
Diversions
Provision and installation of
site offices for the Engineers
and the Engineer representative
Maintain site offices for the
Engineer
Payment shall be made on
Supply and installation of all 0.92%
prorata basis every six months.
furniture and equipment
complete for site offices
Provision of additional office
equipment for the Engineer
Provision and installation of
field laboratory
Maintenance of field
laboratory
EMP Items
Mitigation Measures other than
Good Engineering practices.
Plantation & maintenance of
Saplings for 3 years in the ratio
of 1: 10 (10 trees for every tree Payment shall be made on
1.06%
to be cut) including tree prorata basis every six months.
guards.
Monitoring of Environmental
Attributes during Construction
Activity.
Enhancement Measures
 270

Stage of Payment Percentage - weightage Payment Procedure

Monitoring of Environmental
Attributes during Operation
Phase

2 Procedure for payment for Maintenance

2.1 The cost for maintenance shall be as stated in Clause 14.1.1 of the Article in Part III.
2.2 Payment for Maintenance shall be made in quarterly installments in accordance with the
provisions of Clause 19.7 of the Article in Part III.
 271

SCHEDULE - I

(See Clause 10.2.4)

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 both hard copies 3
sets and a soft copy , 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, as if such drawings formed part of
Annex-I of this Schedule-I.
 272

Annex-I

(Schedule- I)

List of Drawings

1. Drawings of horizontal alignment, vertical profile and cross sections

2. Drawings of cross drainage works

3. Drawings of interchanges and underpasses

4. Drawings of bridges and culverts

5. Drawings of Toll Plaza and amenities (Volume - II)

6. Drawings of Truck Lay byes and Bus bays

7. Drawings of road furniture items including traffic signage, markings, safety barriers,
etc.

8. Drawings of typical details major and minor junctions

 273

SCHEDULE - J

(See Clause 10.3.2 of GCC )

PROJECT COMPLETION SCHEDULE

A.

1 Project Completion Schedule

During Construction period, the Contractor shall comply with the requirements set
forth in this Schedule-J for each of the Project Milestones 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

A. 2.1 Project Milestone-I shall occur on the date falling on the 180th ( One Hundred and
Eighty)th day from the Appointed Date (the “Project Milestone-I”).

B. 2.2 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 Percent) of
the Contract Price.

C. 3 Project Milestone-II

D. 3.1 Project Milestone-II shall occur on the date falling on the 365th (Three Hundred and
Sixty Fifth) day from the Appointed Date (the “Project Milestone-II”).

E. 3.2 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 25% (Twenty
Five Percent) of the Contract Price.

F. 4 Project Milestone-III

G. 4.1 Project Milestone-III shall occur on the date falling on the 545th (Five Hundred and
Forty Fivth) day from the Appointed Date (the “Project Milestone-III”).

H. 4.2 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 50% (Fifty
Percent) of the Contract Price.

I.
 274

5
J. Project Milestone-IV

K. 5.1 Project Milestone-IV shall occur on the date falling on the 730th (Seven Hundred and
Thirty-th) day from the Appointed Date (the “Project Milestone-IV”).

L. 5.2 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

M. 6 Project Milestone-V

N. 6.1 Project Milestone-V shall occur on the date falling on the 913th (Nine Hundred and
Thirteenth) day from the Appointed Date (the “Project Milestone-V”).

O. 6.2 Prior to the occurrence of Project Milestone-V, 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 85% (Eighty
Fifth Percent) of the Contract Price

P. 7 Scheduled Completion Date (Milestone-VI)

Q. 7.1 The Scheduled Completion Date shall occur on the 1095th (One Thousand and Ninety
Fifth) day from the Appointed Date.

R. 7.2 On or before the Scheduled Completion Date, the Contractor shall have completed
construction 100% (One Hundred Percent) in accordance with this Agreement.

8. 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.
 275

SCHEDULE – K

(See Clause 12.1.2)

S. TESTS ON COMPLETION

1 Schedule for Tests

1.1 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.

1.2 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 thereupon conduct the Tests itself or cause any of the Tests to be
conducted in accordance with Article 12 and this Schedule-K.

2 Tests

2.1 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
measurement of crack, rutting area, area of potholes, depressions, shoving and
settlement and upheaval, shoulder drop, erosion of soil from embankment, wearing
surface of bridges, strip seal expansion joints, revetments, rails, bearings and drainage
spouts.

2.2 Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of a calibrated bump integrator and the maximum permissible roughness
for purposes of this Test shall be 1800 mm for each kilometer.

2.3 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 Nondestructive 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) metre or
more shall also be subjected to load testing.
 276

2.4 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.

2.5 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. The site should be restored no worse than
the pre-construction status.

2.6 Road 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.

3 Agency for conducting Tests

All Tests set forth in this Schedule-K shall be conducted by the Authority’s Engineer
or such other agency or person as it may specify in consultation with the Authority.

ii Completion Certificate

Upon successful completion of Tests, the Authority’s Engineer shall issue the
Completion Certificate in accordance with the provisions of Article 12.
 277

SCHEDULE –L

(See Clause 12.2 and 12.4)

T. PROVISIONAL CERTIFICATE

1. I, ………………………… (Name of the Authority’s Engineer), acting as the

Authority’s Engineer, under and in accordance with the Agreement dated …………….
(the “Agreement”), for construction of the [****section (km ** to km **) of State-
Highway No. ***] (the “Project Highway”) on Engineering, Procurement and
Construction (EPC) basis through ………………………… (Name of Contractor),
hereby certify that the Tests in accordance with Article 12 of the Agreement have
been undertaken to determine compliance of the Project Highway with the provisions
of the Agreement.

2. Works that are incomplete on account of Time Extension have been specified in the
Punch List appended hereto, and the Contractor has agreed and accepted that it shall
complete all such works in the time and manner set forth in the Agreement. In
addition, certain minor works are incomplete and these are not likely to cause material
inconvenience to the Users of the Project Highway or affect their safety. The
Contractor has agreed and accepted that as a condition of this Provisional Certificate,
it shall complete such minor works within 30 (thirty) days hereof. These minor works
have also been specified in the aforesaid Punch List.

3. In view of the foregoing, I am satisfied that the Project Highway from km ** to km **

can be safely and reliably placed in service of the Users thereof, and in terms of the
Agreement, the Project Highway is hereby provisionally declared fit for entry into
operation on this the ………… day of ……….. 20…...

ACCEPTED, SIGNED, SEALED SIGNED, SEALED AND

AND DELIVERED DELIVERED
For and on behalf of For and on behalf of
CONTRACTOR by: AUTHORITY’s ENGINEER by:
(Signature) (Signature)
 278

COMPLETION CERTIFICATE

ii I, ……………………. (Name of the Authority’s Engineer), acting as the

Authority’s Engineer, under and in accordance with the Agreement dated
………… (the “Agreement”), for [construction of the ****section (km ** to km
**) of State Highway No. ***] (the “Project Highway”) on Engineering,
Procurement and Construction (EPC) basis through …………………. (Name of
Contractor), hereby certify that the Tests in accordance with Article 12 of the
Agreement have been successfully undertaken to determine compliance of the
Project Highway with the provisions of the Agreement, and I am satisfied that the
Project Highway can be safely and reliably placed in service of the Users thereof.

ii 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…..

SIGNED, SEALED AND DELIVERED

For and on behalf of
the Authority’s Engineer by:

(Signature)
(Name)
(Designation)
(Address)
 279

SCHEDULE –M

(See Clauses 14.6, 15.2 and 19.7 of GCC)

PAYMENT REDUCTION FOR NON-COMPLIANCE
U.

1. Payment reduction for non-compliance with the Maintenance Requirements

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 given in
Paragraph 2.

2. Percentage reductions in lump sum payments

2.1 The following percentages shall govern the payment reduction from the eligible
payments or performance security

S. No. Item/Defect/Deficiency Percentage

(a) Carriageway/Pavement
(i) Potholes, cracks, other surface defects 15%
(ii) Repairs of Edges, Rutting 5%
(b) Road, Embankment, Cuttings, Shoulders
(i) Edge drop, inadequate crossfall, undulations, settlement, 5%
potholes, ponding, obstructions
(ii) Deficient slopes, raincuts, disturbed pitching, vegetation 3%
growth, pruning of trees
I Bridges and Culverts
(i) Desilting, cleaning. vegetation growth, damaged pitching, 10%
flooring, parapets, wearing course, footpaths, any damage
to foundations
(ii) Any Defects in superstructures, bearings and sub- 10%
structures
(iii) Painting, repairs/replacement kerbs, railings, parapets, 10%
guideposts/crash barriers
 280

S. No. Item/Defect/Deficiency Percentage

(d) Roadside Drains
(i) Cleaning and repair of drains 5%
(e) Road Furniture
(i) Cleaning, painting, replacement of road signs, delineators, 10%
road markings, 200 m/km/5th km stones
(f) Miscellaneous Items
(i) Removal of dead animals, broken down/accidental 5%
vehicles, fallen trees, road blockades or malfunctioning of
mobile crane
(ii) Any other Defects in accordance with paragraph 1. 5%
Rescue Operations
(g) Defects in Other Project Facilities
(i) Lighting 15%
(ii) Other Project facilities 2%

2.2 The amount to be deducted from monthly lump-sum payment for non compliance of
particular item shall be calculated as under:

R=P/100 x M x L1/L

Where P = Percentage of particular item/Defect/deficiency for deduction

M = Monthly lump-sum payment in accordance with the Tender

L1 = Non-complying length

L = Total length of the road,

R = Reduction (the amount to be deducted for noncompliance for a particular

item/Defect/deficiency

The total amount of reduction shall be arrived at by summation of reductions for such
items/Defects/deficiency or noncompliance.

For any Defect in a part of one kilometer, the non-conforming length shall be taken as
one kilometer.
 281

SCHEDULE - N

(See Clause 18.1.1)

SELECTION OF AUTHORITY’S ENGINEER
V.

1 Selection of Authority’s Engineer

1.1 The provisions of the “Asian Infrastructure Investment Bank’s Procurement Policy
January - 2016” shall apply for selection of an experienced firm to discharge the
functions and duties of an Authority’s Engineer.

1.2 In the event of termination of the Technical Consultants appointed in accordance with
the provisions of Paragraph 1.1, the Authority shall appoint another firm of Technical
Consultants forthwith and may engage a government-owned entity in accordance with
the provisions of Paragraph 3 of this Schedule-N.

2 Terms of Reference

The Terms of Reference for the Authority’s Engineer (the “TOR”) shall substantially
conform with TOR published in the website https://www.ckicp.tnhighways.gov.in to
this Schedule N.

3 Appointment of Government entity as Authority’s Engineer

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 a government-owned entity which is
owned or controlled by the Authority shall not be eligible for appointment as
Authority’s Engineer.
 282

SCHEDULE - O

(See Clauses 19.4.1, 19.6.1, and 19.8.1 of GCC)

FORMS OF PAYMENT STATEMENTS

W.

1. Stage Payment Statement for Works

The Stage Payment Statement for Works shall state:

(a) the estimated amount for the Works executed in accordance with Clause
19.3.1 subsequent to the last claim;
(b) amounts reflecting adjustments in price for the aforesaid claim;
(c) the estimated amount of each Change of Scope Order executed subsequent to
the last claim;
(d) amounts reflecting adjustment in price, if any, for (c) above in accordance
with the provisions of Clause 13.2.3 (a);
(e) total of (a), (b), (c) and (d) above;
(f) Deductions:

(i) Any amount to be deducted in accordance with the provisions of the

Agreement except taxes;
(ii) Any amount towards deduction of taxes; and
(iii) Total of (i) and (ii) above.

(g) Net claim: (e) – (f) (iii);

(h) The amounts received by the Contractor up to the last claim:

(i) For the Works executed (excluding Change of Scope orders);

(ii) For Change of Scope Orders, and
(iii) Taxes deducted

2. Monthly Maintenance Payment Statement

The monthly Statement for Maintenance Payment shall state:

(a) the monthly payment admissible in accordance with the provisions of the
Agreement;
(b) the deductions for maintenance work not done;
(c) net payment for maintenance due, (a) minus (b);
(d) amounts reflecting adjustments in price under Clause 19.12; and
(e) amount towards deduction of taxes

3. Contractor’s claim for Damages

Note: The Contractor shall submit its claims in a form acceptable to the Authority.
 283

SCHEDULE -P

(See Clause 20.1of GCC)

INSURANCE
X.

1. Insurance during Construction Period

1.1 The Contractor shall effect and maintain at its own cost, from the Appointed Date till
the date of issue of the Completion Certificate, the following insurances for any loss
or damage occurring on account of Non Political 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; and

(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 paragraph 1.1 (a) and (b) 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.

2. Insurance for Contractor's Defects Liability

The Contractor shall effect and maintain insurance cover 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 and in accordance with Good Industry Practice.

3. Insurance against injury to persons and damage to property

3.1 The Contractor shall insure against its liability for any loss, damage, death or bodily
injury, or damage to any property (except things insured under Paragraphs 1and 2 of
this Schedule or to any person (except persons insured under Clause 20.9), which may
arise out of the Contractor's performance of this Agreement. This insurance shall be
for a limit per occurrence of not less than the amount stated below with no limit on
the number of occurrences.
 284

The insurance cover shall be not less than: Rs. 2 lakhs

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

(b) damage which is an unavoidable result of the Contractor's obligations to

execute the Works.

4. Insurance to be in joint names

The insurance under paragraphs 1 to 3 above shall be in the joint names of the
Contractor and the Authority.
 285

SCHEDULE-Q

(See Clause 14)

TESTS ON COMPLETION OF MAINTENANCE PERIOD

Y.

1. Riding Quality test:

Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of a calibrated bump integrator and the maximum permissible roughness
for purposes of this Test shall be 2,000 (two thousand) mm for each kilometre.

2. 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 measurement of
cracking, rutting, stripping and potholes and the permissible values are given below:

Area of cracking: 1% area

Area of rutting: 1 % area

Area of stripping: Nil

Area of potholes: free of potholes

 286

SCHEDULE-R

(See Clause 14.10 of GCC)

Z. TAKING OVER CERTIFICATE

I, ……………………. (Name and designation of the Authority’s representative) under and in

accordance with the Agreement dated ………… (the “Agreement”), for [construction of the
****section (km ** to km **) of State Highway No. ***] (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 the Contractor on this day.........

SIGNED, SEALED AND DELIVERED

(Signature)
(Name and designation of Authority’s Representative)
(Address)
 287

SCHEDULE-S

(See Clause 17.7.2 of GCC )

PERFORMANCE CERTIFICATE
AA.

I, ……………………. (Name and designation of the Authority’s representative) under and in

accordance with the Agreement dated ………… (the “Agreement”), for [construction of the
****section (km ** to km **) of State Highway No. ***] (the “Project Highway”) on
Engineering, Procurement and Construction (EPC) basis through …………………. (Name of
Contractor), hereby certify that the Contractor has discharged all its obligations under the
Agreement and in accordance with Article 17 of the Agreement I hereby issue Performance
Certificate to the Contractor on this day.........

SIGNED, SEALED AND DELIVERED

(Signature)
(Name and designation of Authority’s Representative)
(Address)
 288

SCHEDULE-T

BB. SCHEDULE OF PAYMENTS AS PER TABLE C OF PART I OF TENDER

( To be filled at the time of signing of Contract Agreement)
CC.
 289

SCHEDULE-U

(See Clause 3.10)

ENVIRONMENTAL MANAGEMENT PLAN AND ENVIRONMENTAL

DD.

MONITORING PLAN
Reference: Volume II Part-II EMP Report.pdf published in www.ckicp.tnhighways.gov.in
 290

SCHEDULE-V

(See Clause 10.1.5)

EE. SAFETY REQUIREMENTS

1. Guiding Principles

1.1 Safety Requirements aim at reduction in injuries, loss of life and damage to property
resulting from accidents on or about the Project Highway, irrespective of the
person(s) at fault.

1.2 Users of the Project Highway include motorised and non-motorised vehicles as well
as pedestrians and animals involved in, or associated with accidents. Vulnerable Road
Users (VRU) include pedestrians as well as riders of motorised two-wheelers,
bicycles and other vehicles which do not provide adequate occupant protection.

1.3 Safety Requirements apply to all phases of construction and maintenance with
emphasis on identification of factors associated with accidents, consideration of the
same, and implementation of appropriate remedial measures.

1.4 Safety Requirements include measures associated with traffic management and
regulation such as road signs, pavement marking, traffic control devices, roadside
furniture, highway design elements, enforcement and emergency response.

2 Obligation of the Contractor

The Contractor shall abide by the following insofar as they relate to safety of the
Users:

(a) Applicable Laws and Applicable Permits;

(b) Manual for Safety in Road Design, issued by MoRTH;

(c) relevant standards/ Guidelines of IRC relating to the safety, road geometrics,
bridges, culverts, road signs, pavement marking and roadside furniture.

(d) provisions of this Agreement; and

(e) Good Industry Practice.

3 Appointment of Safety Consultant

The Contractor shall appoint a (“Safety Consultant”) to carry out safety audit of the
Project Highway in accordance with the Applicable Laws and Good Industry Practice.
The Safety Consultant shall be appointed after proposing to the Authority a panel of
 291

three names of qualified and experienced firms from whom the Authority may choose
one to be the Safety Consultant. Provided, however, that if the panel is not acceptable
to the Authority and the reasons for the same are furnished to the Contractor, the
Contactor shall propose to the Authority revised panel of three names from the firms
empanelled as safety consultants by the Ministry of Road Transport and Highways for
obtaining the consent of the Authority. The Contractor shall also obtain the consent of
the Authority for the key personnel of the Safety Consultant who shall have adequate
experience and qualifications in safety audit of the highway projects. The Authority
shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder,
convey its decision, with reasons, to the Contractor, and if no such decision is
conveyed within the said period, the Contractor may proceed with engaging of the
Safety Consultant.

4 Safety Measures during Design Stage

4.1 The Safety Consultant shall collect data on all fatal crashes and other road accidents
which occurred on the Project Highway in the Preceding two years by obtaining
copies of the relevant First Information Reports (FIRs) from the police stations having
jurisdiction. The information contained in such FIRs shall be summarized in the form
prescribed by the Authority for this purpose and the data shall be analysed for the type
of victims killed or injured, impacting vehicles, location of accidents and other
relevant factors.

4.2 The Contractor shall provide to the Safety Consultant, in four copies, the relevant
drawings containing the design details that have a bearing on safety of Users (the
“Safety Drawings”) Such design details shall include horizontal and vertical
alignments; sightlines; layouts of intersections; interchanges; road cross-section;
bridges and culverts; side drains; provision for parked vehicles, slow moving vehicles
(tractors, bullock carts, bicycles) and pedestrians; bus bays; truck lay-byes; and other
incidental or consequential information. The Safety Consultant shall review the
design details and forward 3 (three)copies of the Safety Drawings with its
recommendations, if any, to the Authority’s Engineer who shall record its comments,
if any, and forward one copy each to the Authority and the Contractor.

4.3 The accident data and the design details shall be compiled, analysed and used by the
Safety Consultant for evolving a package of recommendations consisting of safety
related measures for the Project Highway. The safety audit shall be completed in a
period of three months and a report thereof (the “Safety Report”) shall be submitted to
the Authority, in 5(five) copies. One copy each of the Safety Report shall be
forwarded by the Authority to the Contractor and the Authority’s Engineer forthwith.

4.4 The Contractor will incorporate the recommendations of the Safety Report in the
design of the Project Highway, required in accordance with Applicable Laws,
 292

Applicable Permits, Manuals and Guidelines of the Authority, Specifications and

Standards, and Good Industry Practice If the Contractor does not agree with any or all
of such recommendations, it shall state the reasons thereof and convey them to the
Authority forthwith. In the event that any or all of the works and services
recommended in the Safety Report fall beyond the scope of Schedule-B, Schedule-C
of Schedule-D, the Contractor shall make a report thereon and seek the instructions of
the Authority for Change in Scope.

4.5 Without prejudice to the provisions of Paragraph 4.4, the Contractor and the
Authority’s Engineer shall, within 15 (fifteen)days of receiving the Safety Report,
send their respective comments thereon to the Authority, and no later than 15
(fifteen)days of receiving such comments, the Authority shall review the same along
with the Safety Report and by notice direct the Contractor to carry out any or all of
the recommendations contained therein with such modifications as the Authority may
specify; provided that any works or services required to be undertaken hereunder shall
be governed by the provisions of Clause 10.1.6.

5 Safety Measures during Construction Period

5.1 The Safety Consultant shall also carry out a safety audit of the completed
Construction Works.

5.2 The Safety Consultant shall collect and analyse the accident data for the preceding
two years in the manner specified in Paragraph 4.1 of this Schedule-V. It shall study
the Safety Report for the design stage of the Project Highway and inspect the Project
Highway to assess the adequacy of safety measures. The Safety Consultant shall
complete the safety audit within a period of 4 (four) month and submit a Safety
Report recommending a package of additional road safety measures, if any, that are
considered essential for reducing accident hazards on the Project Highway. Such
recommendations shall be processed, mutatis mutandis, and acted upon in the manner
set forth in Paragraphs 4.3, 4.4 and 4.5 of this Schedule-V

5.3 The Contractor shall make adequate arrangements during the Construction Period for
the safety of workers and road Users in accordance with the guidelines of IRC for
safety in construction zones, and notify the Authority and the Authority’s Engineer
about such arrangements.

6 Safety Measures during Maintenance Period

6.1 The Contractor shall develop, implement and administer a surveillance and safety
programme for Users, including correction of safety violations and deficiencies and
all other actions necessary to provide a safe environment in accordance with this
Agreement
 293

6.2 The Contractor shall keep a copy of every FIR recorded by the Police with respect to
any accident occurring on the Project Highway. In addition, the Contractor shall also
collect data for all cases of accidents not recorded by the Police but where a vehicle
rolled over or had to be towed away. The information so collected shall be
summarized in the form prescribed by the Authority for this purpose. The Contractor
shall also record the exact location of each accident on a road map. The aforesaid data
shall be submitted to the Authority at the conclusion of every quarter and to the Safety
Consultant as and when appointed.

6.3 The Contractor shall submit to the Authority before the 31st (thirty first) May of each
year, an annual report (in ten copies) containing, without limitation, a detailed listing
and analysis of all accidents of the preceding Accounting Year and the measures
taken by the Contractor pursuant to the provisions of Paragraph 6.1 of his Schedule-V
for averting of minimising such accidents in future.

6.4 Once in every Accounting Year, a safety audit shall be carried out by the Safety
Consultant. It shall review and analyse the annual report and accident data of the
preceding year, and undertake an inspection of the Project Highway. The Safety
Consultant shall complete the safety audit within a period of 1 (one) month and
submit a Safety Report recommending specific improvements, if any, required to be
made to the road, bridges, culverts, markings, signs, road furniture and Project
Facilities, including cattle crossings and pedestrian crossings. Such recommendations
shall be processed, mutatis mutandis, and acted upon in the manner set forth in
Paragraphs 4.3, 4.4 and 4.5 of this Schedule-V.

7 Costs and Expenses

Cost and expenses incurred in connection with the Safety Requirements set forth
herein, including the provisions of Paragraph 2 of this Schedule-V, shall be met in
accordance with Clause 10.1.6, and in particular, the remuneration of the Safety
Consultant, safety audit, and costs incidental thereto, shall be met by the Contractor.
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SCHEDULE-W

(Clause 8.9)

Involuntary Resettlement Safeguard Principles for the Project

FF.

Based on the analysis of government provisions and Bank’s policy, the following
resettlement principles are adopted for this project.

Comments of Civil Works

Wherever private land is involved, compensation for land should be paid to the land owner or
into court deposit, in case of ownership/appointment issues exist, prior to the commencement
of civil works. In stretches where there is no land acquisition and all improvements are
proposed with the right-of-way, all assistance should be paid to the Displaced person (DP)
prior to giving clearance for civil works.

However, any long term rehabilitation measures like training for skill development and
person for life will continue for a longer period as such rehabilitation measures will not be a
bar to commence civil works.