6thcorrigendum Rayagada Kerada
6thcorrigendum Rayagada Kerada
Annex – I
(Schedule-A)
Site
[Note: Through suitable drawings and description in words, the land, buildings, structures and road
works comprising the Site shall be specified briefly but precisely in this Annex-I. All the
chainages/ location referred to in Annex-I to Schedule-A shall be existing chainages.]
1. Site:
The Site of the Project Highway comprises the “Improvement such as widening &
strengthening of Rayagada-Kerada road (MDR-48B) from 0/000Km to
25/166Km in the district of Rayagada under State Plan on EPC Contract” under
EPC contract”. The Project Starts from Rrayagada town at ch Km 0/000 (Latitude -
19°10'4.78"N & Longitude - 83°24'30.75"E) to Kerada at ch Km 25/166 (Latitude -
18°57'59.45"N & Longitude - 83°26'39.08"E).
The land, carriageway and structures comprising the Site are described below.
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Schedule - B Annexure-IB
(See Clause 2.1)
Development of the Project Highway.
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Annex – I
(Schedule-B)
Description of Project
(b) Four-Lane (2x7.50m) carriage way with 1.50m Earthen Shoulder on either side
& 1.20m Median (Newconstruction) shall be undertaken for 5.869km in
accordance with the typical cross section’s drawings attached as TCS-II.
(c) Four-Lane (2x7.50m) carriage way with 1.0m Paver Block and 1.0mtr RCC
Covered Drain on either side & 1.20m Median shall be undertaken for 0.750km
in accordance with the typical cross section’s drawings attached as TCS-III.
(d) Four-Lane (2x7.50m) carriage way with 1.50m Earthen Shoulder on either side
& 1.20m Median (Reconstruction with Concentric Widening) shall be
undertaken for 6.846km in accordance with the typical cross section’s drawings
attached as TCS-IV.
(e) Four-Lane (2x7.50m) carriage way with 1.50m Earthen Shoulder on either side
& 1.20m Median (Reconstruction with Ecentric LHS Widening) shall be
undertaken for 1.860km in accordance with the typical cross section’s drawings
attached as TCS-V.
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(f) Four-Lane (2x7.50m) carriage way with 1.50m Earthen Shoulder on either side
& 1.20m Median (Reconstruction with Ecentric RHS Widening) shall be
undertaken for 3.640km in accordance with the typical cross section’s drawings
attached as TCS-VI.
(g) Four-Lane (2x7.50m) carriage way with 1.50m Hard Shoulder on either side &
1.20m Median (Reconstruction with Concentric Widening & Cutting with Both
Side Breast Wall)) shall be undertaken for 0.680km in accordance with the
typical cross section’s drawings attached as TCS-VII.
(h) Two-Lane (1x7.50m) carriage way with 1.50m Earthen Shoulder on one side &
1.20m Median (Reconstruction with Ecentric LHS Widening) shall be
undertaken for 3.571km in accordance with the typical cross section’s drawings
attached as TCS-VIII.
(j) Provided that in the built-up areas [refer to paragraphs 2.1 (ii) (a) of the Manual
and provide necessary details]: the width of the carriageway shall be as specified
in the following table.
1 2 X 7.5 m
0.000 1.950
TCS-I
2 2 X 7.5 m
14.500 14.650
3 2 X 7.5 m
15.150 15.650 TCS-III
4 2 X 7.5 m
20.200 20.300
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2. Geometric Design and General Features
(i) General
Geometric design and general features of the Project Highway shall be in accordance
with Section 2 of the Manual.
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a. Lateral and vertical clearances at overpasses shall be as per the provision of
relevant Manual.
b. Lateral clearance: The width of the opening at the overpasses shall be as follows:
Sl. Location (Chainage) Span/ opening (m) Remarks
No. (from km to km)
Nil
f. Serviceroads - [Refer to the provision of relevant Manual and provide details]
b. In the case of grade separated structures, the type of structure and the level of
the Project Highway and the cross roads shall be as follows:
[Refertotheprovision of relevant Manual and specify the type of vehicular under
pass/ overpass structure and whether the cross road is to be carried at the
existing level, raised or lowered]
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i. Typical cross-sections of the ProjectHighway; -
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7
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3. Intersections and Grade Separators with Ramps.
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.
[Refer to paragraphs 3.1.1, 3.1.2 and 3.3 of the Manual and specify the requirements. Explain
where necessary with drawings/sketches/general arrangement].
Properly designed intersections shall be provided at the locations and of the types and
features given in the tables below:
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5. Pavement Design
5.1 Pavement design shall be carried out in accordance with the provision of relevant Manual.
The Carriage way and Paved Shoulder shall have the following minimum Crust composition for
flexible pavement as given below.
7.2 The Structures shall be designed to carry utility services specified in tablebelow:
[Refer to the provision of relevant Manual and provide details]
Sl. No. Stretch From km to km Remarks
NIL
7.3 Cross-section of the new culverts and bridges at deck level for the Project Highway shall
conform to the typical cross-sections given in section 7 of the relevant Manual.
8 Culverts
8.1 Reconstruction of existingculverts/ New culverts:
The existing culverts at the following locations shall be re-constructed as new culverts having
minimum size as below and new culverts as per site condition shall be added:
Proposed Span Type of
Sl No Proposal
Chainage(Km) Arrangement Structures
1 2.236 2x1.20 HP Newconstruction
2 2.555 3x1.20 HP Newconstruction
3 2.746 2x1.20 HP Newconstruction
4 5.088 1x1.20 HP Reconstruction
5 5.894 1x1.20 HP Reconstruction
6 11.162 1x3.0x3.0 Box Reconstruction
7 11.357 1x4.0x3.0 Box Newconstruction
8 12.040 1x3.0x2.0 Box Reconstruction
9 12.993 1x1.20 HP Reconstruction
10 13.269 1x1.20 HP Reconstruction
11 13.662 1x1.20 HP Reconstruction
12 13.884 2x1.20 HP Newconstruction
13 20.314 1x1.20 HP Reconstruction
14 21.574 1x1.20 HP Reconstruction
15 22.957 1x1.20 HP Newconstruction
16 23.019 1x1.20 HP Reconstruction
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Proposed Span Type of
Sl No Proposal
Chainage(Km) Arrangement Structures
17 23.690 1x3.0x3.0 Box Newconstruction
18 23.970 1x3.0x3.0 Box Newconstruction
19 24.210 1x2.0x2.0 Box Newconstruction
20 24.480 1x1.20 HP Newconstruction
Additional HP Culverts
1 3.250 1x0.600 HP Newconst.
2 4.610 1x0.600 HP Newconst.
3 6.200 1x0.600 HP Newconst.
4 8.650 1x0.600 HP Newconst.
5 12.150 1x0.600 HP Newconst.
6 15.640 1x0.600 HP Newconst.
7 19.400 1x0.600 HP Newconst.
8 19.660 1x0.600 HP Newconst.
9 23.600 1x0.600 HP Newconst.
10 24.550 1x0.600 HP Newconst.
N.B:-These are indicative chainages as per the plan attached. The exact location, & Chainage may vary as per
actual site condition during execution as per decision of the Engineer. The numbers indicated above are
minimum and additional numbers if necessary are to be provided by the contractor within the contract price.
No change of scope to be allowed on this account.
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 given in section 7 of the Manual. Repairs and
strengthening of existing structures where required shall be carried out.
Sl Proposed Span Type of
Proposal
No Chainage(Km) Arrangement Structures
1 4.191 1x1.20 HP Widening
2 4.924 1x1.00 HP Widening
3 9.173 1x1.00 HP Widening
4 9.475 1x1.00 HP Widening
5 9.631 1x1.00 HP Widening
6 10.050 1x1.00 HP Widening
7 11.213 2x1.00 HP Widening
8 12.288 1x1.00 HP Widening
9 12.450 1x1.00 HP Widening
10 12.612 1x1.00 HP Widening
11 14.018 2x1.00 HP Widening
12 14.436 2x1.00 HP Widening
13 15.038 1x1.00 HP Widening
14 15.955 1x1.00 HP Widening
15 17.706 1x1.00 HP Widening
16 17.988 1x1.00 HP Widening
17 18.696 1x1.00 HP Widening
18 19.128 1x1.00 HP Widening
19 19.258 1x1.00 HP Widening
20 20.007 1x1.00 HP Widening
21 20.610 1x1.00 HP Widening
22 21.219 1x1.00 HP Widening
23 21.399 1x1.00 HP Widening
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Sl Proposed Span Type of
Proposal
No Chainage(Km) Arrangement Structures
24 21.738 1x1.00 HP Widening
25 22.105 1x1.00 HP Widening
26 22.254 1x1.00 HP Widening
27 22.359 1x1.00 HP Widening
28 22.682 1x1.00 HP Widening
29 23.530 2x1.20 HP Widening
N.B:-These are indicative chainages as per the plan attached. The exact location, & Chainage may vary
as per actual site condition during execution as per decision of the Engineer. The numbers indicated
above are minimum and additional numbers if necessary are to be provided by the contractor within the
contract price. No change of scope to be allowed on this account.
8.3 Floor protection works shall be as specified in the relevant IRC Codes and Specifications.
9 Bridges
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Nil
An effective drainage system for bridge decks shall be provided as specified in the
provision of relevant Manual.
9.5 Structures in marine environment Not Applicable
(ii) Specifications of the reflective sheeting. [Refer to the provision of relevant Manual]
14 Roadside Furniture
(i) Roadside furniture shall be provided in accordance with the provision of relevant Manual.
(ii) Overhead traffic signs: location and size. Not applicable
[Refer to the provision of relevant Manual and provide details]
16 Hazardous Locations
The safety barriers shall also be provided at the Hazardous locations: shall be provided for a
minimum length of 6000mtr. along the total Stretch of road at the locations as suggested in
manual recommended in Schedule D.
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Providing and erecting "W" metal beam crash barrier comprising of 3 mm thick corrugated
sheet metal beam rail, 70 cm above road / ground level, fixed on ISMC series channel vertical
post, 150mmx 75mm x 5 mm spaced 2 m centre-to-centre, all steel parts and fitments to be
galvanised by hot dip process, all fittings to conform to IS:1367 and IS:1364, metal beam rail
to be fixed on the vertical post with a space of channel section of 150mmx 75mm x 5 mm, 330
mm long complete as per clause 811.
N.B: The exact location, &Chainage may be adopted as per actual site condition during execution as per
decision of the Engineer. The length indicated above are minimum and additional length if necessary are to
be provided by the contractor within the contract price. No change of scope to be allowed on this account.
17 Protection works.
The following protection works shall be carried out by the agency as per standard and
specification of the manual.
PROTECTION WORKS.
Sl No Description of Item Length (m) Remarks
Location and chainage shall be decided by the
PCC Toe Wall:-1.50m
2150 Authority Engineer at the time of execution as
1 height above GL
per site requirement.
Location and chainage shall be decided by the
RCC Retaining Wall:-
2 650 Authority Engineer at the time of execution as
2m height above GL
per site requirement.
Location and chainage shall be decided by the
RCC Retaining Wall:-
3 250 Authority Engineer at the time of execution as
3m height above GL
per site requirement.
Location and chainage shall be decided by the
4 RCC Retaining Wall:-
350 Authority Engineer at the time of execution as
4m height above GL
per site requirement.
Location and chainage shall be decided by the
RCC Retaining Wall:-
5 50 Authority Engineer at the time of execution as
15m height above GL
per site requirement.
Location and chainage shall be decided by the
6 Breast Wall 1360 Authority Engineer at the time of execution as
per site requirement.
Turfing with live sods Turfing with live sods shall be provided on the
7 as per attached 2 x 21586 slope of embankment from toe to shoulder for
drawing. entire slope length.
N.B These are indicative length. as per the plan attached. The exact locations may vary as per
actual site condition during execution as per decision of the Engineer. The length and height
indicated above are minimum and additional if necessary are to be provided by the contractor
within the contract price. No change of scope to be allowed on this account.
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18 Change of Scope
The length of Structures and bridges specified herein above shall be treated as the minimum
assessment. The actual lengths as required on the basis of detailed investigations shall be
determined by the Contractor in accordance with the Specifications and Standards. Any
variations in the lengths specified in this Schedule- B shall not constitute a Change of Scope,
save and except any variations in the length arising out of a Change of Scope expressly
undertaken in accordance with the provisions of Article 13.
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Schedule - C Annexure-IC
(See Clause 2.1)
Project Facilities
1. Project Facilities
The Contractor shall construct the Project Facilities in accordance with the provisions of
this Agreement. Such Project Facilities shall include:
(a) Road side furniture;
(b) Road Studs;
(c) W – Metal Beam Crash Barrier;
(d) Truck Laybye
NB; -a). Signboards shall be provided as per requirement at site as per IRC- 67, as per
directionof the Engineer in charge.
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Schedule - D
(See Clause 2.1) Annexure-ID
Specifications and Standards
1. Construction
The Contractor shall comply with the Specifications and Standards set forth in Annex-I
of this Schedule-D for construction of the Project Highway.
2. Design Standards
The Project Highway including Project Facilities shall conform to design requirements
set out in the following documents:
Manual of Specifications and Standards for Four Laning of Highways (IRC: SP: 84), referred to
herein as the Manual.
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Annex – I
(ScheduleD)
Specifications and Standards for Construction
1. Specifications and Standards
1.1 All Materials, works and construction operations shall conform to the Manual of
Specifications and Standards for [Four Laning of Highways) IRC: SP:84)], referred to as
the Manual, and MORTH Specifications for Road and Bridge Works 5th revision. Where
the specification for a work is not given, Good Industry Practice shall be adopted to the
satisfaction of the Authority’sEngineer.
1.2 Specification of Materials.
Steel. Steel shall be procured from primary producers meeting the BIS standard.
Cement, -Only PSC Cement shall be used, procured from reputed manufacturers meeting the
BIS standard.
Bitumen and Emulsion, -Bitumen and emulsion shall be procured from IOCL/HPCL andshall
meet the BIS standards.
2. Deviations from the Specifications and Standards
2.1 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.
2.2 [Notwithstanding anything to the contrary contained in Paragraph 1 above, the following
Specifications and Standards shall apply to the Project Highway, and for purposes of this
Agreement, the aforesaid Specifications and Standards shall be deemed to be amended to
the extent set forth below:]
Deviations from the Manual
a) To carry out improvement proposal within existing land, where adequate vertical curve length
are not provided due to land constaint , adhering to all codal stipulations of traffic claiming
measures and sinages ,vertical profile and cross sections was customized as against
recommended in Manual applicable for the project alignment.
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ANNEXURE IE
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:
“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 judgments, 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;
“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 accordance with the
provisions of Article 7 and the date on which the Authority has provided the Right of Way on no
less than 90% (Ninety per cent) of the total length of Project Highway;
“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 authorized in writing by the
Authority to act on its behalf under this Agreement and shall include any person or persons having
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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 ₹. 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 Bid Due Date by
at least 28 (twenty-eight) days;
“Bid” means the documents in their entirety comprised in the bid submitted by the [selected
bidder/Consortium] in response to the Request for Proposals in accordance with the provisions
thereof;
“Bid Security” means the bid security provided by the Contractor to the Authority in accordance
with the Request for Proposal, and which is to remain in force until substituted by the Performance
Security;
“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 judgment 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; or
(e) Deleted;
“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;
{“Consortium” means the consortium of entities which have formed a joint venture for
implementation of this Project;} $
“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;
“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
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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 forthin Clause 17.1;
“Dispute Resolution Procedure” means the procedure for resolution of Disputes set forth in
Article 26;
“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;
“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;
“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;
“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, programs 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; the Lead member shall itself
undertake and perform at least 30(Thirty) percent of the total length of the Project Highway.}$
“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;
“Maintenance Inspection Report” shall have the meaning set forth in Clause 15.2.1;
“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 Standards and Specifications for Four Laning of Highways
IRC: SP: 84);
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“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;
“NHIDCL” means the National Highways & Infrastructure Development Corporation Ltd. or any
Substitute appointed by MoRT&H;
“Parties” means the parties to this Agreement collectively and “Party” shall mean any of the parties
to this Agreement individually;
“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;
“Political Event” shall have the meaning set forth in Clause 21.4;
“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,
toll plaza(s), 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 “Improvement such as widening & strengthening
of Komtalpeta-Muniguda-Tumudibandha Road (SH-5) from Km0/000 to Km30/000 in the
District of Rayagada under State Plan on EPC Contract” and all Project Assets, and its
subsequent development and augmentation in accordance with this Agreement;
“Proof Consultant” shall have the meaning set forth in Clause 10.2.2;
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“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;
“Request for Proposals” or “RFP” shall have the meaning set forth in Recital ‘D’;
“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 Consultant” shall have the meaning set forth in Clause 10.1.5;
“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;
"Stage Payment Statement" shall have the meaning set forth in Clause 19.4;
“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;
“Taxes” means any Indian taxes excluding GST, excise duties, customs duties, value added tax,
sales tax, 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
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;
“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;
6
“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, 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.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS
OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
DELIVERED DELIVERED
[THE Chief engineer DPI & Roads, Odisha. ] by: THE CONTRACTOR by:
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
2.
Name and
particulars of
other members
of the
Consortium}
7
ANNEXURE IF
ARTICLE 19
PAYMENTS
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 excludes all duties (GST), 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.
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.
19.1.6 All payments under this Agreement shall be made in Indian Rupees.
19.2.1 The Authority shall make an interest-bearing 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 four instalments. the 1st
instalment shall be an amount equal to 2% (Two)of the contract price, the 2nd instalment shall
be equal to 3% of the contract price, the 3rd instalment shall be 3% (three percent) and the
4thinstalment shall be 2% (two percent) of contract price. The advance payment would be
deemed as interest-bearing advance at an interest rate of 10% (ten) per annum, to be
compounded quarterly. The interest would be recovered along with the recovery of advance
payment.
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 110% (one hundred and ten 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 to the
Authority for the second instalment of the Advance Payment along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred and ten
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
19.2.4 At any time, after 60 (sixty) days from the Appointed Date, the Contractor may apply to the
Authority for the third instalment of the Advance Payment along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred and ten
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.
19.2.4.1 At any time, after 90 (Ninety) days from the Appointed Date on verification of Plant and
Machineries by S.E., Mechanical (R&B) , the Contractor may apply to the Authority for the
fourth instalment of the Advance Payment along with an irrevocable and unconditional
guarantee from a Nationalised Bank, counter guaranteed by its branch at Bhubaneswar for an
amount equivalent to 110% (one hundred and ten 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 third instalments 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 instalment of advance payment shall be repaid by the contractor to the authority no later
than 365 (Three hundred &sixty five) days from the respective date of advance payment.
19.2.7 The contractor shall repay each instalment of the advance payment on or before the due date of
repayment. In the event of the contractors failure to make the repayment on time the Authority
shall be entitled to encash the Bank guarantee for advance payment. The parties expressly agrees
that for any delay in repayment of the advance payment the contractor shall pay interest to the
Authority for each day of delay ,such interest to be calculated at the rate of 18% (eighteen
percent) per annum.
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 19.2.7, in the event of Termination for Contractor Default, the Advance Payment shall
be deemed to carry interest at the rate of 10% (ten per cent) per annum from the date of Advance
Payment to the date of recovery by encashment of the Bank Guarantee for the Advance Payment.
For the avoidance of doubt, the aforesaid interest shall be payable on each instalment of the
Advance Payment, regardless of whether the instalment or any part thereof has been repaid to
the Authority prior to Termination.
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 Project Highway 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 Project Highway only and the
payment due in respect of all other stage payments under the item Major Project Highway
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.
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.
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.
19.6.1 The Contractor shall submit to the 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 1/12 th (one-twelfth) of the
annual cost of Maintenance as specified in Clause 14.1.1.
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 Engineer shall verify the Contractor’s monthly
maintenance statement and certify the amount to be paid to the Contractor taking into account:
(b) reduction for non-compliance with the Maintenance Requirement inaccordance with
Clause 19.7.2.
The 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 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.
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 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.
19.9.1 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 than30 (thirty) 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 2% (two 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.
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 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:
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:
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, cement, labour, other materials, and
steel/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 [Haldia/Vizag] on the Base
Date.
BI = The official retail price of bitumen at nearest refinery at [Haldia/Vizag], 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.
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 [Odisha] on the Base Date.
FI = The official retail price of HSD at the existing consumer pumps of IOC in the State of
[Odisha] 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 Odisha, 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
Item
Road Works
Major
Earthwork, Bitumino Cement Culverts,
Component Bridges
Granular us work Concrete minor bridges
and
work, and Pavement and other
Structures
Other works structures
Labour (PL) [20%] [20%] [20%] [15%] [15%]
Cement (PC) [5%] Nil [20%] [15%] [15%]
Steel (PS) Nil Nil Nil [15%] [20%]
Bitumen (PB) Nil [15%] Nil Nil Nil
Fuel and [10%] [10%] [10%] [10%] [10%]
lubricants (PF)
Other [50%] [40%] [35%] [30%] [25%]
Materials (PM)
Plant, [15%] [15%] [15%] [15%] [15%]
machinery and
spares. (PA)
Total 100% 100% 100% 100% 100%
(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.
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.
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
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.
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.
8
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.
19.15.1Within 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 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.
19.16.1 Within 30 (thirty) days after completion of the Maintenance Period, the Contractor shall submit to
the Authority’s Engineer 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 Engineer :
(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 Engineer 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 authorized by the Authority’s Engineer within a period of 30 (thirty) days of the
receipt of the Final Payment Statement from the Authority’s Engineer.
19.16.3 If the Authority’s Engineer 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.
9
19.17 Change in law
19.17.1 If 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 reasonably aware of such
addition in cost, notify the Authority with a copy to the Authority’s Engineer of such additional
cost due to Change in Law.
19.17.2 If 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 Engineer of such reduction in cost due to Change in
Law.
19.17.3 The 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.
The 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 Engineer.
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.
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.
The contractor is required to pay royalty to the Government of Odisha towards use of minor
minerals as mentioned below and produce such documents in support of their payment to the
concerned Executive Engineer with their bills, failing which the amount towards royalties of
different materials as utilized by them will be recovered from their bills and deposited in the
Government revenue.
10
The royalty will be recovered from the work bill of the contractor at the rates as per prevailing OMMC
rules 2016, which has come in to force w.e.f.15.12.2016 and communicated vide works department
Letter No 918 dated 16.01.2017. Any revision in rates of royalty during execution of work, such revised
royalty shall be recovered.
The Goods and Service Tax (GST) shall be applicable on the works contract as per GST rules and as
amended from time to time by the Government.
11
12
SCHEDULE - H Annexure-IG
(See Clauses10.1.4 and 19.3)
Table1.3.1
Stage for Payment
A- Widening and strengthening of existing Percentage Payment Procedure
road weightage
Earthwork up to TOP of the sub-grade 7.60%
including excavation in soil, soft rock
1 and hard rock including Cleaning &
grubbing with required site clearance etc.
Unit of measurement is linear
2 Sub Base Course(GSB) 12.58% length. Payment of each stage
3 Non Bituminous Base Course (WMM) 14.09% shall be made on pro rata basis
Bituminous Base Course (DBM +prime 18.79% on completion of a stage in a
4 length of not less than 10 (ten)
coat)
5 Wearing Coarse(BC +Tack coat) 9.86% percent of the total length. @
6 Kerb wall 1.21%
7 Moorum in Shoulder 0.04%
8 Paver Block 0.13%
WIDENING/NEW/RE CONSTRUCTION OF
HUME PIPE & BOX CULVERTS
Cost of each culvert shall be
determined on pro rata basis
with respect to the total number
1 Box Culvert 1.65%
of culverts. Payment shall be
made on the completion of at
least One culverts
Cost of each culvert shall be
determined on pro rata basis
with respect to the total number
2 Hume Pipe Culvert 1.87%
of culverts. Payment shall be
made on the completion of at
least Two culverts
Procedure for estimating the value of other works done shall be as stated in table:
Table 1.3.2
Stage for Payment
Percentage
A- Widening and strengthening of Payment Procedure
weightage
existing road
OTHER WORKS
Unit of measurement is linear
length. Payment shall be made on
1 Road side drain 1.58% pro rata basis on completion of the
facilities not less than 10 (ten)
percent of the total length. @
2 Road safety furnitures
Payment shall be made on
(a) Pavement Marking 0.32% completion of the facilities in all
respect.
Payment shall be made on
(b) Traffic Signs 0.39% completion of the facilities in all
respect.
Payment shall be made on
km Stone and 5th km
(c) 0.002% completion of the facilities in all
stone
respect.
Payment shall be made on
(d) Road Studs 0.24% completion of the facilities in all
respect.
Payment shall be made on
(e) W metal crash barrier 1.76% completion of the facilities in all
respect.
3 Project facilities
Payment shall be made on
(a) Truck Laybye 1.03% completion of the facilities in all
respect.
Cost of each junction shall be
determined on pro rata basis to the
(b) Junction 1.57% total no of Junctions.Payment shall
be made on the completion of
atleast one Junction.
4 Protection Work
Unit of measurement is linear
length. Payment shall be made on
Turfing of the embankment slope 0.19% pro rata basis on completion of the
facilities not less than 10 (ten)
percent of the total length. @
Unit of measurement is linear
(a) Breast Wall 1.90% length. Payment shall be made on
pro rata basis on completion of the
3
Stage for Payment
Percentage
A- Widening and strengthening of Payment Procedure
weightage
existing road
facilities not less than 10 (ten)
percent of the total length. @
Unit of measurement is linear
length. Payment shall be made on
(b) Retaining Wall 7.09% pro rata basis on completion of the
facilities not less than 10 (ten)
percent of the total length. @
Unit of measurement is linear
length. Payment shall be made on
(c) Toe wall 1.45% pro rata basis on completion of the
facilities not less than 10 (ten)
percent of the total length. @
@ 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:
Where,
P = Contract Price
L = Total length in km
Similarly, the rates perkm for other stages shall be worked out accordingly.
Note: The length affected due to law and order problems or litigation during execution due to which
the Contractor is unable to execute the work, may be deducted from the total project length
for payment purposes. The total length calculated here is only for payment purposes and will
not affect and referred in other clauses of the Contract Agreement.