Engineering Procurement and Construction (EPC)

Agreement

For
“BALANCE WORK OF REHABILITATION AND
CONSTRUCTION OF BARELA – MANDLA SECTION OF
NH-30 FROM KM 22/8 TO 89/6 (LENGTH-63.55) TWO
LANE WITH PAVED SHOULDER IN THE STATE OF
MADHYA PRADESH ON EPC MODE.”

Ministry of Road Transport & Highways

(MoRT&H)

2023
 Table of Contents

Part I 1

Preliminary 1

1 Definitions and Interpretations 5

1.1 Definitions 5
1.2 Interpretation 13
1.3 Measurements and arithmetic conventions 15
1.4 Priority of agreements and errors/discrepancies 15
1.5 Joint and several liability 16

Part II 18

Scope of Project 18

2 Scope of the Project 21

2.1 Scope of the Project 21

3 Obligations of the Authority 22

3.1 Obligations of the Authority 22
3.2 Maintenance obligations prior to the Appointed Date 24
3.3 Environmental Clearances 24
3.4 Deemed Termination upon delay 24

4 Obligations of the Contractor 25

4.1 Obligations of the Contractor 25
4.2 Obligations relating to sub-contracts and any other agreements 27
4.3 Employment of foreign nationals 28
4.4 Contractor’s personnel 28
4.5 Advertisement on Project Highway 29
4.6 Contractor's care of the Works 29
4.7 Electricity, water and other services 29
4.8 Unforeseeable difficulties 29
4.9 Co-ordination of the Works 29
4.10 Environmental Measures 30
4.11 Site Data 30
4.12 Sufficiency of Contract Price 31

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 4.13 Clearance of the Site 31

5 Representations and Warranties 32

5.1 Representations and warranties of the Contractor 32
5.2 Representations and warranties of the Authority 35
5.3 Disclosure 36

6 Disclaimer 37
6.1 Disclaimer 37

Part III 39

Construction and Maintenance 39

7 Performance Security 41
7.1 Performance Security 41
7.2 Extension of Performance Security and Additional Performance Security 42
7.3 Appropriation of Performance Security 42
7.4 Release of Performance Security 42
7.5 Retention Money 43

8 Right of Way 44
8.1 The Site 44
8.2 Procurement of the Site 44
8.3 Damages for delay in handing over the Site 45
8.4 Site to be free from Encumbrances 47
8.5 Protection of Site from encroachments 47
8.6 Special/ temporary Right of Way 48
8.7 Access to the Authority and the Authority’s Engineer 48
8.8 Geological and archaeological finds 48

9 Utilities and Trees 49

9.1 Existing utilities and roads 49
9.2 Shifting of obstructing utilities 49
9.3 New utilities 49
9.4 Felling of trees 50
9.5 Dismantling of structures 50
9.6 Development Period 51

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10 Design and Construction of the Project Highway 52
10.1 Obligations prior to commencement of Works 52
10.2 Design and Drawings 54
10.3 Construction of the Project Highway 56
10.4 Maintenance during Construction Period 57
10.5 Extension of time for completion 58
10.6 Incomplete Works 59
10.7 Maintenance Manual 60
10.8 As-Built Records 60
10.9 Contractor's Use of Authority’s Documents 60

11 Quality Assurance, Monitoring and Supervision 61

11.1 Quality of Materials and workmanship 61
11.2 Quality control system 61
11.3 Methodology 61
11.4 Inspection and technical audit by the Authority 62
11.5 External technical audit 62
11.6 Inspection of construction records 62
11.7 Monthly progress reports 62
11.8 Inspection 63
11.9 Samples 64
11.10 Tests 64
11.11 Examination of work before covering up 64
11.12 Rejection 65
11.13 Remedial work 65
11.14 Delays during construction 66
11.15 Quality control records and Documents 66
11.16 Video recording 66
11.17 Suspension of unsafe Construction Works 66
11.18 Staff and Labour 67

12 Completion Certificate 70
12.1 Tests on Completion 70
12.2 Completion Certificate 70
12.3 Rescheduling of Tests 71

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13 Change of Scope 72
13.1 Change of Scope 72
13.2 Procedure for Change of Scope 72
13.3 Payment for Change of Scope 74
13.4 Restrictions on Change of Scope 74
13.5 Power of the Authority to undertake Works 75

14 Maintenance 76
14.1 Maintenance obligations of the Contractor 76
14.2 Maintenance Requirements 77
14.3 Maintenance Programme 77
14.4 Safety, vehicle breakdowns and accidents 78
14.5 Lane closure 78
14.6 Reduction of payment for non-performance of Maintenance obligations 78
14.7 Authority’s right to take remedial measures 79
14.8 Restoration of loss or damage to Project Highway 79
14.9 Overriding powers of the Authority 79
14.10 Taking over Certificate 80

15 Supervision and Monitoring during Maintenance 81

15.1 Inspection by the Contractor 81
15.2 Inspection and payments 81
15.3 Tests 82
15.4 Reports of unusual occurrence 82

16 Traffic Regulation 83
16.1 Traffic regulation by the Contractor 83

17 Defects Liability 84
17.1 Defects Liability Period 84
17.2 Remedying Defects 84
17.3 Cost of remedying Defects 85
17.4 Contractor’s failure to rectify Defects 85
17.5 Extension of Defects Liability Period 85

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18 Authority’s Engineer 86
18.1 Appointment of the Authority’s Engineer 86
18.2 Duties and authority of the Authority’s Engineer 86
18.3 Delegation by the Authority’s Engineer 87
18.4 Instructions of the Authority’s Engineer 87
18.5 Determination by the Authority’s Engineer 88
18.6 Remuneration of the Authority’s Engineer 88
18.7 Termination of the Authority’s Engineer 88

Part IV 89

Financial Covenants 89

19 Payments 91
19.1 Contract Price 91
19.2 Advance Payment 91
19.3 Procedure for estimating the payment for the Works 93
19.4 Stage Payment Statement for Works 94
19.5 Stage Payment for Works 94
19.6 Monthly Maintenance Statement of the Project Highway 94
19.7 Payment for Maintenance of the Project Highway 95
19.8 Payment of Damages 95
19.9 Time of payment and interest 96
19.10 Price adjustment for the Works 96
19.11 Restrictions on price adjustment 99
19.12 Price adjustment for Maintenance of Project Highway 99
19.13 Final Payment Statement 100
19.14 Discharge 100
19.15 Final Payment Certificate 100
19.16 Final payment statement for Maintenance 101
19.17 Change in law 101
19.18 Correction of Interim Payment Certificates 102
19.19 Authority’s claims 102
19.20 Bonus for early completion 102

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20 Insurance 103
20.1 Insurance for Works and Maintenance 103
20.2 Notice to the Authority 104
20.3 Evidence of Insurance Cover 104
20.4 Remedy for failure to insure 104
20.5 Waiver of subrogation 105
20.6 Contractor’s waiver 105
20.7 Cross liabilities 105
20.8 Accident or injury to workmen 105
20.9 Insurance against accident to workmen 105
20.10 Application of insurance proceeds 106
20.11 Compliance with policy conditions 106
20.12 General Requirements of Insurance Policies 106

Part V 109

Force Majeure and Termination 109

21 Force Majeure 111

21.1 Force Majeure 111
21.2 Non-Political Event 111
21.3 Indirect Political Event 111
21.4 Political Event 112
21.5 Duty to report Force Majeure Event 112
21.6 Effect of Force Majeure Event on the Agreement 113
21.7 Termination Notice for Force Majeure Event 114
21.8 Termination Payment for Force Majeure Event 114
21.9 Dispute resolution 115
21.10 Excuse from performance of obligations 115

22 Suspension of Contractor’s Rights 116

22.1 Suspension upon Contractor Default 116
22.2 Authority to act on behalf of Contractor 116
22.3 Revocation of Suspension 116
22.4 Termination 116

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23 Termination 118
23.1 Termination for Contractor Default 118
23.2 Termination for Authority Default 120
23.3 Termination for Authority’s convenience 121
23.4 Requirements after Termination 121
23.5 Valuation of Unpaid Works 122
23.6 Termination Payment 122
23.7 Other rights and obligations of the Parties 123
23.8 Survival of rights 124
23.9 Foreclosure with mutual consent 124

Part VI 125

Other Provisions 125

24 Assignment and Charges 127

24.1 Restrictions on assignment and charges 127
24.2 Hypothecation of Materials or Plant 127

25 Liability and Indemnity 128

25.1 General indemnity 128
25.2 Indemnity by the Contractor 128
25.3 Notice and contest of claims 129
25.4 Defence of claims 129
25.5 Survival on Termination 130

26 Dispute Resolution 131

26.1 Dispute Resolution 131
26.2 Conciliation 131
26.3 Arbitration 131
26.4 Adjudication by Regulatory Authority, Tribunal or Commission 132

27 Miscellaneous 133
27.1 Governing law and jurisdiction 133
27.2 Waiver of immunity 133
27.3 Delayed payments 133
27.4 Waiver 133

27.5 Liability for review of Documents and Drawings 134

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 27.6 Exclusion of implied warranties etc. 134
27.7 Survival 134
27.8 Entire Agreement 135
27.9 Severability 135
27.10 No partnership 135
27.11 Third parties 135
27.12 Successors and assigns 135
27.13 Notices 136
27.14 Language 136
27.15 Counterparts 136
27.16 Confidentiality 136
27.17 Copyright and Intellectual Property rights 137
27.18 Limitation of Liability 137
27.19 Care and Supply of Documents 138
27.20 Authority’s Use of Contractor’s Documents. 138
27.21 Contractor’s Use of Authority’s Documents 138
27.22 Access to the Site by Others 139
27.23 Term 139
27.24 Amendments 139
27.25 Representation and Bribes 139
27.26 No Agency 139

Schedules 142

Schedule-A 144

Site of the Project 144

1 The Site 144

Annex-I : Site 145
Annex-II : Dates for providing Right of Way of Construction Zone 149
Annex-III : Alignment Plans 150
Annex-IV : Environment Clearances 151

Schedule - B 152

Development of the Project Highway 152

1. Development of the Project Highway 152

2. [Rehabilitation and augmentation] 152
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 3. Specifications and Standards 152
Annex-I : Description of [Two-Laning] 153

Schedule - C 165

Project Facilities 165

1. Project Facilities 165

2. Description of Project Facilities 165

Schedule - D 166

Specifications and Standards 166

1. Construction 166
2. Design Standards 166
Annex-I : Specifications and Standards for Construction 167

Schedule - E 168

Maintenance Requirements 168

1. Maintenance Requirements 168

2. Repair/rectification of Defects and deficiencies 168
3. Other Defects and deficiencies 168
4. Extension of time limit 168
5. Emergency repairs/restoration 169
6. Daily inspection by the Contractor 169
7. Pre-monsoon inspection / Post-monsoon inspection 169
8. Repairs on account of natural calamities 169
Annex-I : Repair/rectification of Defects and deficiencies 170

Schedule - F 217

Applicable Permits 217

1. Applicable Permits 217

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Schedule – G 218

Annex-I : Form of Bank Guarantee 218

Annex-II : Form for Guarantee for Advance Payment 221

Schedule – H 218.

Contract Price Weightages 224.

Schedule – I 267

Drawings 267

1. Drawings 267
2. Additional Drawings 267
Annex-I : List of Drawings 268

Schedule – J 269

Project Completion Schedule 269

1. Project Completion Schedule 269

2. Project Milestone-I 269
3. Project Milestone-II 269
4. Project Milestone-III 269
5. Scheduled Completion Date 269
6. Extension of time 270

Schedule – K 271

Tests on Completion 271

1. Schedule for Tests 271

2. Tests 271
3. Agency for conducting Tests 272
4. Completion Certificate 272

Schedule – L 273

Completion Certificate 273

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Schedule - M 274

Payment Reduction for Non-Compliance 274

1. Payment reduction for non-compliance with the Maintenance Requirements 274

2. Percentage reductions in lump sum payments on monthly basis 274

Schedule - N 276

Selection of Authority’s Engineer 276

1. Selection of Authority’s Engineer 276

2. Terms of Reference 276
3. Appointment of Government entity as Authority’s Engineer 276
Annex-I : Terms of Reference for Authority’s Engineer 277

Schedule - O 283

Forms of Payment Statements 283

1. Stage Payment Statement for Works 283

2. Monthly Maintenance Payment Statement 283
3. Contractor’s claim for Damages 283

Schedule - P 284

Insurance 284

1. Insurance during Construction Period 284

2. Insurance for Contractor's Defects Liability 284
3. Insurance against injury to persons and damage to property 284
4. Insurance to be in joint names 285

Schedule-Q 286

Tests on Completion of Maintenance Period 286

1. Riding Quality test: 286

2. Visual and physical test: 286

Schedule-R 287

Taking Over Certificate 287

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 Part I

Preliminary

xi
 Engineering, Procurement and Construction Agreement

THIS AGREEMENT1 is entered into on this the ……….. day of ………, 20…..

Between

[The President of India through the Ministry of Road Transport & Highways,
Government of India represented by

Chief Engineer (BOT) MPRDC, 45A, Arera Hills, Bhopal, M.P.

(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

<insert name of party>,2 the selected bidder3 having its registered office at <insert
registered office address of the party>, (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 Government of India] entrusted [the development, maintenance and
management of “Balance work of rehabilitation and construction of Barela – mandla
section of nh-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in
the State of Madhya Pradesh on EPC mode” to the Authority;

B. The Authority resolved to [Balance work of Barela-Mandla section of NH-30 (Design

Chainage 21.850 To 85.400, Design length - 63.55 km) on the section of National Highway
No. 30 in State of Madhya Pradesh by two Lanning with paved shoulder on
Engineering, Procurement, Construction (“EPC”) basis in accordance with the
terms and conditions to be set forth in an agreement to be entered into.

C. The Authority accordingly invited the proposals (the “Request for Proposals” or
“RFP”) from the eligible bidders as per the technical and commercial terms and
conditions prescribed in the RFP for undertaking the Project.

1
Serially numbered footnotes in this Agreement are for guidance of the Authority and should be omitted from the draft Agreement
forming part of Bid Documents. Footnotes marked “$” shall be retained in the draft Agreement.
2
All provisions enclosed in curly parenthesis shall be retained in the Bid Documents and shall be modified as required after the
selected bidder has been identified.
3
Refers to the single entity or the lead member of the joint venture, which is the selected bidder under the RFP.
4 All asterisks in this Model Agreement should be substituted by project-specific particulars in the draft Agreement forming part of Bid
Documents.
5
All project-specific provisions in this Model EPC Agreement have been enclosed in square parenthesis and may be modified,
as necessary, before issuing the draft Agreement forming part of Bid Documents

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D. After evaluation of the bids received, the Authority accepted the bid of the selected
bidder and issued its Letter of Acceptance No. <insert details> dated <insert date>
(hereinafter called the “LOA”) to the selected bidder for [rehabilitation and
augmentation of the above section of [NH - 30] at the Contract Price specified
hereinafter, requiring the selected bidder to inter alia:

(i) to give his consent to enter into this Agreement and the enforceability of the
provisions thereof, within 10 (ten) days of the date of issue of LOA;
(ii) submit Performance Security and Additional Performance Security (if any) as
per RFP requirements, and
(iii) Execute this Agreement within 30 (thirty) days of the date of issue of LOA.

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

NOW, THEREFORE, in consideration of the foregoing and the respective covenants

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:

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 Article 1

Definitions and Interpretations

1.1 Definitions

(i) The words and expressions beginning with capital letters and defined in this
Agreement 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.

(ii) 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, or any supplementary agreement made in accordance with the
provisions contained in this Agreement;

“Applicable Laws” means all laws, brought into force and effect by the 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;

“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;

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“Appointed Date” means the date declared by the Authority as the project
commencement date with the consent of the contractor, as per the process prescribed
in Article 3 and 8 of this Agreement;

“Arbitration Act” means the Arbitration and Conciliation Act, 1996, with all its
subsequent amendments;

“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 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 recognized by the Reserve Bank of
India

“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 the calendar month, which 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/ Joint venture] in response to the Request for Proposal 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 come into effect until the
Base Date; or
(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.

“Change of Scope” shall have the meaning set forth in Article 13;

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“Change of Scope Notice” shall have the meaning set forth in Clause 13.2 (i);

“Change of Scope Request” shall have the meaning set forth in Clause 13.2 (ii);

“Change of Scope Order” shall have the meaning set forth in Clause 13.2 (iv);

“Completion Certificate” shall have the meaning set forth in Clause 12.2;

“Construction” shall have the meaning set forth in Clause 1.2 (f);

“Construction Period” means the period commencing from the Appointed Date and
ending on the date of the Completion Certificate;

“Construction Zone” shall have the meaning set forth in Clause 8.3 (i);

“Contract Price” means the amount specified in Clause 19.1 (i);

“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 default 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;

“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;

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“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;

“Document” or “Documentation” means documentation in printed or written form,

or in tapes, discs, drawings, computer programmers, 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 to 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;

“Final Payment Statement” shall have the meaning set forth in Clause 19.13;

“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 3.1 (iii) (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 having jurisdiction over all or any part of the Project Highway or the

1
performance of all or any of the services or obligations of the Contractor under or
pursuant to this Agreement;

“Handover Memorandum” shall have the meaning set forth in Clause 8.2;

“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
insurance 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;

“Joint Venture” means the group of entities which have come together for
implementation of this Project;

“Lead Member” shall, in the case of a joint venture, mean the member of such joint
venture who shall have the authority to bind the contractor and each member of the
Joint venture; and shall be deemed to be the Contractor for the purposes of this
Agreement; the Lead Member shall itself undertake and perform at least 51% (fifty
one per cent) of the total length of the Project Highway;

“LOA” or “Letter of Acceptance” means the letter of acceptance issued by the

Authority as referred to in Recital (D);

“Maintenance” means the maintenance of the Project Highway as set forth in Article
14 for the period specified therein;

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“Maintenance Inspection Report” shall have the meaning set forth in Clause 15.2;
“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;
“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;

“Manual” shall mean the Manual of Standards and Specifications for Project
Highways;

“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” comprise of all the supplies used by the Contractor used in the Works or
for the maintenance of the Project Highway;

“Monthly Maintenance Statement shall have the meaning set forth in Clause 19.6;

“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;

“Parties” means the parties to this Agreement collectively and “Party” shall mean any
of the parties to this Agreement individually;

“Performance Security” and “Additional 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 of the Works;

“Political Event” shall have the meaning set forth in Clause 21.4;

“Programme” shall have the meaning set forth in Clause 10.1 (iii);

“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,

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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 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 {, proposed bypasses
and tunnels} forming part “Balance work of rehabilitation and construction of Barela
– mandla section of nh-30 from km 22/8 to 89/6 (length-63.55) two lane with paved
shoulder in the State of Madhya Pradesh on EPC mode” 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;

“Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause 11.2;

“Re.”, “Rs.” or “Rupees” or “Indian Rupees” or “INR” means the lawful currency of
the Republic of India;

“Request for Proposals” or “RFP” shall have the meaning set forth in Recital ‘C’;

“Retention Money” shall have the meaning set forth in Clause 7.5;

“Right of Way” means and refers to the total land required and acquired for the
project, both in its width and length, 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;

“Scheduled Completion Date” shall be the date set forth in Clause 10.3;

“Scheduled Construction Period” means the period commencing from the

Appointed Date and ending on Scheduled Completion Date;

“Scope of the Project” shall have the meaning set forth in Clause 2.1;

“Section” means a part of the Project Highway;

2
“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 have the meaning set forth in Clause 14.10;

“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;

“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;

“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;

“Works” means all works including survey and investigation, design, engineering,
procurement, construction, Plant, Materials, maintenance, temporary works and

2
 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.

1.2 Interpretation

(i) 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 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, 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;

2
(h) any reference to any period of time shall mean a reference to that according to
Indian standard time;
(i) any reference to 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 Delhi 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
“reorganization” 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, reorganization, dissolution,
arrangement, protection or relief of debtors;
(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, authorization, notice, communication,
information, report or any other correspondence 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 routed through NHAI Data Lake
(unless the law requires to send such notice, communication etc. through
physical/any other specified mode only) under the hand of a duly authorized
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 or
liquidated damages (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.

(ii) 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.

(iii) 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.

(iv) 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 Priority of agreements and errors/discrepancies

(i) 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; and

 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).

(ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies
within this Agreement, the following shall apply:

(a) 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;
(b) between the Clauses of this Agreement and the Schedules, the Clauses shall
prevail and between Schedules and Annexes, the Schedules shall prevail;
(c) between any two Schedules, the Schedule relevant to the issue shall prevail;
(d) between the written description on the Drawings and the Specifications and
Standards, the latter shall prevail;
(e) between the dimension scaled from the Drawing and its specific written
dimension, the latter shall prevail; and
(f) between any value written in numerals and that in words, the latter shall
prevail.

1.5 Joint and several liability

(i) If the Contractor has formed a Joint Venture of two or more persons for implementing
the Project:

(a) these persons shall, without prejudice to the provisions of this Agreement or
any other 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 Joint
Venture is effected without the prior consent of the Authority.

(ii) Without prejudice to the joint and several liability of all the members of the Joint
Venture, the Lead Member shall represent all the members of the Joint Venture and
shall always be liable and responsible for discharging the functions and obligations of
the Contractor. The Contractor shall ensure that each member of the Joint Venture
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 be held liable for the inter se allocation of
payments among members of the Joint venture.6
 Part II

Scope of Project
 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:

(a) construction 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;
(b) 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
(c) Performance and fulfillment 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 of the obligations of the
Contractor under this Agreement.

21
 Article 3

Obligations of the Authority

3.1 Obligations of the Authority

(i) 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.

(ii) 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.

(iii) The Authority shall, upon submission of the Performance Security as per the RFP by
the Contractor, shall provide to the Contractor:

(a) No less than 90% (ninety per cent) of the required Right of Way of the
Construction Zone of total length of the Project Highway within a period of 30
(thirty) days from the date of this Agreement, which shall be in contiguous
stretches of length not less than 5 (five) kilometre.
(b) approval of the general arrangement drawings (the “GAD”) from railway
authorities to enable the Contractor to construct road over- bridges/ under-
bridges at level crossings on the Project Highway in accordance with the
Specifications and Standards, and subject to the terms and conditions
specified in such approval, within a period of 60 (sixty) days from the
Appointed Date, and reimbursement of all the costs and expenses paid by the
Contractor to the railway authorities for and in respect of the road over-
bridges/ under bridges; and7
(c) all environmental clearances as required under Clause 4.3.8

(iv) 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 3.1 (iii) 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.

7 Clause (b) may be omitted if the Project does not include a road over-bridge/under-bridge.
8 Clause 3.1 (iii) (c) may be suitably modified in the event that all the environmental
clearances for the Project Highway have been received or are not required. It should be clearly
stated that all the environmental clearances for the Project Highway have been received; or
such environmental clearances for the Project Highway are not required.

22
(v) Notwithstanding anything to the contrary contained in this Agreement, the Parties
expressly agree that the aggregate Damages payable under Clauses 3.1 (iv), 8.3 and
9.5 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
additive 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 such 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 that the payment of Damages
shall be the final cure for the Contractor against delays of the Authority, without
recourse to any other payments.

(vi) 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:

(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 violate
any 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 4.3, provide reasonable assistance to the Contractor and any expatriate
personnel of the Contractor or its Sub-contractors to obtain the applicable
visas and the requisite 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.

23
3.2 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 Bid, 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.

3.3 Environmental Clearances

The Authority represents and warrants that the environmental clearances required
for construction of the Project shall be procured by the Authority prior to the date of
issue of LOA. For the avoidance of doubt, the present status of environmental
clearances is specified in Schedule-A.9

3.4 Deemed Termination upon delay

Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of
Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not
occur, for any reason whatsoever, within 90 days of signing of the Agreement
and submission of the full Performance Security by the Contractor, the Agreement
shall be deemed to have been terminated. The Authority shall pay damages to the
Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge
projects). All other 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. The Contractor shall hand over all information in relation to the
Highway, including but not limited to any data, designs, drawings, structures,
information, plans, etc. prepared by them for the Highway, to the Authority.

9 Clause 3.3 may be suitably modified in the

event that all the environmental clearances for the
Project Highway have been received or are not required. It should be clearly stated that all the
environmental clearances for the Project Highway have been received; or such environmental
clearances for the Project Highway are not required.

24
 Article 4

Obligations of the Contractor

4.1 Obligations of the Contractor

(i) 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.

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

(iii) Subject to the provisions of Clauses 4.1 (i) and 4.1 (ii), the Contractor shall discharge
its obligations in accordance with Good Industry Practice and as a reasonable and
prudent person.

(iv) The Contractor shall remedy any and all loss, defects, or damage to the Project
Highway from the Appointed Date until the end of the Construction Period at the
Contractor’s cost, save and except to the extent that any such loss, defect, or damage
shall have arisen from any wilful default or neglect of the Authority.

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

(vi) 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 (ii), save and except to the extent that any such loss or damage shall have
arisen on account of any wilful default or neglect of the Authority or on account of a
Force Majeure Event.

(vii) 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;
(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;

25
 (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 violate
any 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 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 authorised 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.

(viii) The Contractor shall undertake all necessary superintendence to plan, arrange, direct,
manage, inspect and test the Works. The Contractor shall provide all necessary
superintendence of the Works for the proper fulfilling of the Contractor's obligations
under the Agreement. Such superintendence shall be given by competent person
having adequate knowledge of the operations to be carried out (including the
methods and techniques required, the hazards likely to be encountered and methods
of preventing accidents) for the satisfactory and safe execution of the Works.

(ix) The Contractor shall obtain and maintain a project related bank account operational
at site where all transactions related to the payment of work will be done. The
Contractor shall submit a monthly account statement and a detailed report on
utilization of funds transferred to this project related bank account to Authority’s
Engineer. Notwithstanding anything contrary to this agreement, the authority, in the
interest and to ensure timely completion of the work, reserves the right to audit such
bank accounts to ensure that there is no diversion of funds from this project specific
account to any other project being implemented by the Contractor.

26
(x) The Contractor shall provide the documents of the Contractor specified in the
Agreement, and all Contractors' personnel; Goods, consumables and other things and
services, whether of a temporary or permanent nature, required in and for the
execution, completion of Works and remedying defects.

(xi) The Contractor shall perform the Works in conformity with the Project requirements
and other requirements and standards prescribed under or pursuant to the
Agreement.

(xii) The Contractor shall carry out such work incidental and contingent to the original
Scope of the Project to comply with Good Industry Practices.

(xiii) The Contractor shall maintain required staff and necessary Contractor’s equipment
and materials within the reach of the Site during the Defects Liability Period so that
any defects arising are promptly attended.

(xiv) Obligations relating to Local Content

The Contractor [Class I Local Supplier/ Class II Local Supplier/ Non Local
Supplier] undertakes to ensure minimum Local Content in the Project Highway of
at least [50%/20%] duly complying with the provisions of Department for
Promotion of Industry and Internal Trade, Ministry of Commerce and Industry,
Government of India Order No. P-45021/2/2017-PP (BE- II) dated September 16,
2020, as amended or modified till Bid Due Date and the provisions under Rule
144(xi) of GFR, 2017.

4.2 Obligations relating to sub-contracts and any other agreements

(i) The Contractor, whether Joint Venture or sole, shall not sub-contract any Works in
more than 49% (forty nine per cent) of the Contract Price and shall carry out Works
directly under its own supervision and through its own personnel and equipment in
at least 51% (fifty one per cent) of the Contract Price. Further, in case the
Contractor is a Joint Venture, then the Lead Member shall carry out Works directly
through its own resources (men, material and machines etc.) in at least 51% (fifty
one per cent) of total length of the Project Highway. 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 51% (fifty
one 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.

(ii) 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

27
 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.

(iii) In the event any sub-contract referred to in Clause 4.2 (ii) 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 40% (forty 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 40% (forty 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 without delay or demur.

(iv) 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 under this Agreement. However, in case of
non-compliance of the Contractor towards his obligations for payments to the
approved Sub-contractor(s), which is likely to affect the progress of works, the
authority reserves the right to intervene and direct the Contractor to release such
outstanding payments to approved Sub-contractor(s) out of the payments due for the
completed Works in the interest of work.

4.3 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 always rest with 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 a Force Majeure Event, and
shall not in any manner excuse the Contractor from the performance and discharge it
of its obligations and liabilities under this Agreement, and the Contractor’s liabilities
hereunder shall remain unaffected by such failure, refusal or inability.

4.4 Contractor’s personnel

(i) 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 and adequately qualified, skilled and experienced in their respective
functions in conformity with Good Industry Practice. The Contractor will try to hire at
least 10% (ten percent) trained workmen as per the National Skills Qualifications
Framework. If necessary, the requisite workmen may be got trained by the Contractor at
his cost through authorized training centres of the Directorate General of Training

28
 (DGT). The Contractor will organize training at project site/ sites for the trainees as
and when required as per the training schedule finalized in consultation with the
training centres. The trainees shall be paid stipend by the Contractor (subject to a
maximum of Rs. 15,000/- per person) on the basis of minimum wages to compensate
for loss of income during the training period.

(ii) 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.
(iii) 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 4.4 (ii). The
Contractor shall further ensure that such persons have no further connection with the
Works or Maintenance under this Agreement. The Contractor shall then appoint (or
cause to be appointed) a replacement.

4.5 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.

4.6 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 Completion Certificate, save and except to the extent
that any such loss or damage shall have arisen from any wilful default or gross neglect
of the Authority.

4.7 Electricity, water and other services

The Contractor shall be responsible for procuring of all utilities as may be required,
including without limitation, adequate power, water and other services.

4.8 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.

4.9 Co-ordination of the Works

29
(i) The Contractor acknowledges that in addition to the Agreement, it is also aware of
terms of the other Project contracts and other agreements the Authority has
negotiated and entered into for performance of its obligations under the Agreement
(copies of other contracts and other agreements are made available to the
Contractor from time to time) and that the Contractor is fully aware of the
consequences to the Authority which would or are likely to result from a breach by
the Contractor of its obligations under the Agreement. In the event the actions of the
Contractor result in the breach by the Authority of any or all of the other Project
contracts and such breach imposes any liability on the Authority, the Contractor
shall: (a) undertake all steps as may be possible to mitigate or neutralize the liability
that has arisen, and (b) indemnify the Authority against any such liability and
compensate the Authority to that extent.

(ii) The Contractor shall be responsible for the co-ordination and proper provision of the
Works, including co-ordination of other Contractors or Sub-contractors for the
Project. The Contractor shall co-operate with the Authority in the co- ordination of
the Works with the works under the other Project contracts. The Contractor shall
provide all reasonable support for carrying out their work to:

(a) any other contractors employed by the Authority;

(b) the workmen of the Authority;
(c) the workmen of any Governmental Instrumentality who may be employed in
the execution of work on or near the Site; and
(d) such other persons as is required in the opinion of the Authority for successful
completion of the Project.

4.10 Environmental Measures

(i) The Contractor agrees to conduct its activities in connection with the Agreement in
such a manner so as to comply with the environmental requirements which includes,
inter alia, all the conditions required to be satisfied under the environmental
clearances and applicable law, and assumes full responsibility for measures which are
required to be taken to ensure such compliance.

4.11 Site Data

(i) The Contractor shall be deemed to have inspected and examined the Site and its
surroundings and to have satisfied himself before entering into the Agreement in all
material respects including but not limited to:

(a) the form and nature of the Site (including, inter-alia, the surface and sub-
surface conditions and geo-technical factors);
(b) the hydrological and climatic conditions;
(c) the extent and nature of the works already completed and Materials necessary
for the execution and completion of the Works and the remedying of any
defects that includes already executed part also.
30
 (d) the suitability and the adequacy of the Site for the execution of the Works;
(e) the means of access to the Site and the accommodation the Contractor may
require;
(f) arranging permits as required as per [.] of the Agreement.
(g) the requirements of operation and maintenance; and
(h) all other factors and circumstances affecting the Contractor's rights and
obligations under the Agreement, the Contract Price and Time for Completion.

4.12 Sufficiency of Contract Price

The Contractor shall have satisfied itself as to the correctness and sufficiency of the
Contract Price. The Contract Price shall cover all its obligations under the Agreement,
in addition to all risks the Contractor has agreed to undertake under the Agreement,
including those associated with the performance of its obligations under the
Agreement and all things necessary for the provision of the Works in a manner
satisfactory to the Authority and in accordance with this Agreement.

4.13 Clearance of the Site

During the provision of the Works, and as a pre-condition to the issue of the Taking-
Over Certificate, the Contractor shall clear away and remove from the Site, all
Contractor's equipment, surplus material, wreckage, rubbish and temporary Works,
and shall keep the Site free from all unnecessary obstructions, and shall not store or
dispose of any Contractor's equipment or surplus materials on the Site. The
Contractor shall promptly clear away and remove from the Site any wreckage,
rubbish or temporary Works no longer required and leave the Site and the Works in a
clean and safe condition to the sole satisfaction of the Authority.

31
 Article 5

Representations and Warranties

5.1 Representations and warranties of the Contractor

(i) The Contractor represents and warrants to the Authority that:

(a) it is duly organized and validly existing under the laws of India, 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 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 Bid, Request for Qualification and Request for
Proposals or otherwise 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, or result in the breach of, or 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;
(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

32
 circumstance exists which may give rise to such proceedings that would
adversely affect the performance ofits 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 onits 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) 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;
(m) it is adequately financed has the requisite knowledge, expertise, technical
know-how, experience, resources, infrastructure, licenses, patents, copy
rights, for designing, supplying/ procuring the goods and materials, and for
providing the installation and construction services required for completing
the construction of the Project Facilities; and

(ii) it represents the Authority that:

(a) it owns or has the right to use all “Intellectual Property” necessary to
perform the contractual obligations and to carry on the Works without
conflict with the right of others;
(b) All intellectual property rights necessary to perform the contractual
obligations and to carry on the Works are in full force and effect and are
vested in, and beneficially owned by the Contractor, and are free from
encumbrances.
(c) None of the intellectual property rights is being used, claimed, or posed or
attacked by any other person, nor does the use of such intellectual property
rights or any part of them infringe the intellectual property rights owned or
enjoyed by any third party.
(d) None of the intellectual property rights owned or used by the Contractor is
the subject of any claim, opposition, attack, assertion or other arrangement of
whatsoever nature which does or may impinge upon their use, validity,
enforceability or ownership by the Parties, and there are no grounds or other
circumstances which may give rise to the same.

33
 (e) No licenses or registered user or other rights have been granted or agreed to
be granted to any third party in respect of such intellectual property rights.
(f) No act has been done or has been omitted to be done to entitle any authority
or person to cancel, forfeit or modify any intellectual property rights.
(g) The Contractor shall notify the Authority of any adverse use of the intellectual
property rights or confusingly or deceptively similar to the intellectual
property rights.
(h) The Contractor shall recognize the Authority’s ownership and title to the
intellectual property rights and shall not at any time, either directly or
indirectly, put to issue the validity or ownership of the intellectual property
rights and it will not do any act or thing, either directly or indirectly, which in
anyway impairs the validity and ownership of the intellectual property rights.
(i) The Contractor shall, promptly execute, acknowledge and deliver all documents
which are requested by Authority to record with appropriate governmental
agencies and authorities the fact that the Authority has the right to the use of
the said intellectual property rights.
(j) The Contractor shall not, for any reason, object to, or interfere in any way with
the ownership, registration or use of the intellectual property rights by the
Authority (or its licensee or assigns) for any purpose whatsoever.

(iii) The Contractor is fully aware that the Agreement is inter linked with the other Project
contracts and the non-performance or deficient performance or default by the
Contractor and/or any of the Contractor’s personnel or Subcontractors under one
among the said contracts will have bearing on the other contracts and the evaluation
of the Contractor’s performance under the Agreement and the Project itself.

(iv) If at any time during the Defects Liability Period any item of the Works or Project
Facilities or any part thereof, do not conform to the Authority requirements and
Specifications and Standards, on being so notified by the Authority, the Contractor
shall promptly rectify/remedy such nonconformity to the satisfaction of the Authority
solely at the Contractor's expense; failing which the Authority may reject or revoke
Taking-Over Certificate, and the Authority may proceed to correct the Contractor's
nonconforming Work by the most expeditious means available, the costs of which
shall be to the Contractor's account; or the Authority may retain the non-conforming
Work and an equitable adjustment reducing the total Contract Price to reflect the
diminished value of such non-conforming Work will be made by written amendment.

(v) In addition to the other warranties, the Contractor represents and warrants as
follows:

(a) The Contractor has (or, if the technology does not currently exist, will have
granted at the time of passing to The Employer) in and to the technology used
in the equipment, materials, goods, Works, Contractor's documents, Drawings
and Manuals (“Technology") -
i. all right, title and interest free of any lien, claim or restriction; and

34
 ii. Right to grant to the Authority the right to use the Technology for the purpose of
this contract, free of any lien, claim or restriction and on the terms of license as
required.

(b) The Contractor has granted (or, if the technology does not currently exist, will
grant at the time of passing to the Authority the property and title in and to
the equipment, materials, goods, Works, spares, Contractor's documents,
Drawings and Manuals in which it is used) to the Authority the right to use the
Technology, free of any lien, claim or restriction.

(vi) In addition to the other Warranties, the Contractor represents and warrants as
follows:

(a) No Technology contains any worm (i.e., a program that travels from one
computer to another computer but does not attach itself to the operating
system of the computer it enters), virus (i.e., a program that travels from one
computer to another computer that attaches itself to the operating system it
enters) or self-destruct capability.
(b) The Technology will not abnormally end or provide invalid or incorrect
results as a result of date-dependent data.
(c) The Technology can accurately recognize, manage, accommodate, and
manipulate date-dependent data, including single and multi-century formulas
and leap years.

(vii) No criminal proceedings instituted against any of the employees or Directors of the
Contractor.

(viii) Till date the services of the Contractor has not been terminated by any person for any
breach or non-performance or negligence by 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;
(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

35
 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 90% (ninety per cent) of
the total length of the Project Highway.

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.

36
 Article 6

Disclaimer

6.1 Disclaimer

(i) 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 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 3.1 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.

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

(iii) 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 (i) 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.

(iv) The Parties agree that any mistake or error in or relating to any of the matters set
forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.

(v) 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 (i) above, that Party shall immediately notify the
other Party, specifying the mistake or error.

(vi) 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.
 Part III

Construction and Maintenance

 Article 7 Security

7.1 Performance Security

(i) (A) Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder
shall furnish to the Authority an irrevocable and unconditional guarantee from a Bank
in the form set forth in Annex-I of Schedule-G (the “Performance Security”) for an
amount equal to 3% (three percent) of its Bid Price. In case of bids mentioned
below, the Selected Bidder, along with the Performance Security, shall also furnish
to the Authority an irrevocable and unconditional guarantee from a Bank in the
same form given at Annex-I of Schedule-G towards an Additional Performance
Security (the “Additional Performance Security”) for an amount calculated as
under:

(a) If the Bid Price offered by the Selected Bidder 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 (i) Estimated Project Cost
(as mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid
Price offered by the selected Bidder.
(b) If the Bid Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be
calculated @ 30% of the difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price
offered by the Selected Bidder.
(c) This Additional Performance Security shall be treated as part of the
Performance Security.

(B) The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28 (twenty
eight) days after Project Completion Date.

(ii) The Selected Bidder has the option to provide 50% of the Performance Security and
50% of the Additional Performance Security, if any, within 30 (thirty) days of receipt
of Letter of Acceptance, in any case before signing of the Contract Agreement and the
remaining Performance Security and Additional Performance Security, if any, shall be
submitted within 30 days of signing of this agreement.

(iii) In the event the Selected Bidder fails to provide the remaining Performance Security
and Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period upto 60 days by paying the Damages upfront
along with the request letter seeking the extension. The Damages shall be the sum
calculated at the rate of 0.01% (zero point zero one per cent) of the Bid Price offered
by the Selected Bidder for each day until the Performance Security and Additional
Performance Security, if any, is provided in full as prescribed herein. The damages at
full rate as given above shall be applicable even if a part of the Performance Security
and the Additional Performance Security is provided.

41
(iv) For avoidance of any doubt, in case of failure of submission of Performance Security
and Additional Performance Security, if any, within the additional 60 days’ time
period, the award shall be deemed to be cancelled/ withdrawn and the Bid Security
shall be encashed and the proceeds thereof appropriated by the Authority. Thereupon
all rights, privileges, claims and entitlements of the Contractor under or arising out of
the Award shall be deemed to have been waived by, and to have ceased with the
concurrence of the Contractor, and the Award shall be deemed to have been
withdrawn by the Authority

7.2 Extension of Performance Security and Additional Performance Security

The Contractor may initially provide the Performance Security for a period of 2 (two)
years; provided that it shall procure the extension of the validity of the Performance
Security, as necessary, at least 2 (two) months prior to the date of expiry thereof.
Upon the Contractor providing an extended Performance Security, the previous
Performance Security shall be deemed to be released and the Authority shall return
the same to the Contractor within a period of 7 (seven) business days from the date of
submission of the extended Performance Security.

7.3 Appropriation of Performance Security

(i) 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.

(ii) 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

(i) The Authority shall return the Performance Security to the Contractor within 60
(sixty) days of the expiry of the Maintenance Period or the Defects Liability Period,
whichever is later, 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.

42
(ii) The Authority shall return the Additional Performance Security to the Contractor
within 28 (twenty eight) days from the date of issue of Completion Certificate under
Article 12 of this Agreement.

(iii) The Authority shall be liable to pay interest @ 9% (nine per cent) per annum for any
delay in the return of Performance Security and Additional Performance Security, if
any, beyond the period prescribed above for the period of delay.

7.5 Retention Money10

(i) 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.

(ii) 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.

(iii) Within 15 (fifteen) days of the date of issue of the Completion Certificate, the
Authority shall refund the balance of Retention Money remaining with the Authority
after adjusting the amounts appropriated under the provisions of Clause 7.5 (ii).

(iv) The Parties agree that in the event of Termination of this Agreement, the Retention
Money 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.

10The Authority may, in its discretion, omit Clause 7.5 and in lieu thereof increase the
Performance Security under Clause 7.1 upto to 10% (ten per cent). Further, All
tenders/Contract issued / concluded till 31.12.2021 shall have the provision of 3%
Performance Security. Thereafter, the performance security will be 5%.
43
 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 finalized 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

(i) The Authority Representative, the Contractor and Authority’s Engineer shall, within
10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed
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 (hereinafter referred to as the
“Handover Memorandum”). Subject to the provisions of Clause 8.2 (iii), the
Handover 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 along with details of hindrances in the
Construction Zone. For sake of clarity the Handover Memorandum shall clearly
specify the parts of Site where work can be executed. Signing of the Handover
Memorandum, in three counterparts (each of which shall constitute an original), by
the authorized representatives of the Authority, Contractor and Authority’s Engineer
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.

(ii) 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, of the proposed date and time
such of hand 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. The signing of the memorandum, in three (3) 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 relevant Right of Way to
the Contractor.

44
 If the contractor fails to join for site inspection or disputes the parts of the site
available for work, the Authority’s Engineer shall decide the parts of the site where
work can be executed and notify to both the parties within 3 days of the proposed date
of inspection. The parties agree that such notification of the Authority’s Engineer as
mentioned hereinabove shall be final and binding on the parties.

(iii) 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 Site
referred to therein, 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. The Contractor agrees that it shall
not be entitled to claim any other damages on account of any such delay by the
Authority.

(iv) 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 (i).

(v) The Authority further acknowledges and agrees that prior to the Appointed Date, it
shall have procured issuance of the statutory notification under Applicable Laws for
vesting of all the land comprising the Project in the Authority and has taken
possession of area for Construction Zone for at least 90% (ninety per cent) of the total
length of the Project Highway. The Parties also acknowledge and agree that the
conditions specified in this Clause 8.2 (iii) shall not be modified or waived by either
Party.

(vi) For the avoidance of doubt, the Parties expressly agree that the Appendix shall in no
event contain sections of the Project Highway the cumulative length of which exceeds
10% (ten percent) of the total length of the Project Highway.

(vii) Pursuant to signing of Handover Memorandum under clause 8.2 (i), Contractor shall
submit to the Authority’s Engineer, a monthly land possession report till expiry of 180
(one hundred and eighty) days from Appointed Date, in respect of those parts of the
site to which vacant access and right of way was not given to the contractor and
included in Appendix to the memorandum signed under clause 8.2 (i), duly specifying
the part of the site, if any, for which the right of way is yet to be handed over.

8.3 Damages for delay in handing over the Site

(i) 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 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:

45
 Where,

C = the Contract Price;

L = length of the Project Highway in metres; 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 (i) 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
(i), 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.

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
“Construction Zone” which shall comprise the following components:

 Main in carriageway
 Median (for 4 lane carriageway or more)
 Paved and earthen shoulders
 Area for Structures including ROBs/RUBs.
 Safety measures including Roadside Drains and Furniture.
 A parallel working space for accommodating slopes/retaining structures etc.

(ii) 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
of Construction Zone is granted on 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 (iii).

(iii) (a) Notwithstanding anything to the contrary contained in this Agreement, unless
covered under the deemed de-scoping in terms of sub-clause 8.3 (iii) (b), 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.

46
(b) 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 or the
stretches where vacant access and Right of Way could not be handed over, as the case
may be, because the requisite clearances or approvals or affected land parcels for
commencing construction of Works therein have not been given within 180 (one
hundred and eighty) days of the Appointed date, the affected Works shall be deemed
to be withdrawn under the provisions of this Clause 8.3.3. Such Works shall not be
computed for the purposes of the aforesaid ceiling of 10% (ten per cent) hereunder.

(c) Provided further that in case such stretches (as mentioned in Sub-Clause (b)
above) can be handed over to the Contractor before the expiry of the original
Scheduled Construction Period of the Project Highway, and the Contractor agrees to
take up the work, the same may be allowed to be executed by him with corresponding
Extension of Time, subject to the condition that the Contractor shall not be entitled to
raise any claims on account of prolongation costs in this behalf.

(iv) In the event of withdrawal of Works under Clause 8.3 (iii) (a), the Contract Price shall
be reduced by an amount equal to the percent of the value of the works withdrawn
as mentioned in the Table below and the Contractor shall not be entitled to any
other compensation or Damages for the withdrawal of Works.

Value of the works withdrawn Percentage of value of works to be reduced

from Contract Price

Upto Rs. 100 crore 90%

More than Rs. 100 crore Rs. 90 crore plus 95% of the amount greater
than Rs. 100 crores

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’ Engineer.

The parties expressly agree that the value of the Works withdrawn shall be
determined from the details available in Schedule-H. In the event that it is impossible
to determine the value from Schedule-H, then the value shall be determined in
accordance with the provisions of Clause 13.2 (iii).

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 because of any costs, compensation, expenses and charges for the
47
 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,
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, 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 takes place thereon. 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

(i) 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.

(ii) 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
Instrumentality. The Contractor shall take all reasonable precautions to prevent its
48
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.

49
 Article 9

Utilities and Trees

9.1 Existing utilities and roads

Notwithstanding anything to the contrary contained herein, it shall be the

responsibility of the Contractor to 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, subject to Applicable Laws and with assistance of the
Authority, undertake shifting of any utility (including electric lines, water pipes and
telephone cables), to an appropriate location or alignment, if such utility or
obstruction adversely affected the execution of works or maintenance of the project
Highway in accordance with this Agreement, as per the scope given in Schedule B
and in accordance with applicable standards and specifications of concerned utility
owning entity. The cost of shifting of such utilities indicated in Schedule B is
payable to the Contractor as per Schedule H. Cost of shifting utilities which are not
included in the Schedule B, if any, it shall be treated as Change of Scope. The
Authority will provide assistance to the Contractor for obtaining the estimates for
shifting of such utilities from the entity owning such electric lines, water pipes or
telephone cables, as the case may be. The Contractor shall execute such utility
shifting works under the supervision of utility owning agency and Authority
Engineer (AE) in accordance with the provision of agreement. The supervision
charges only shall be paid by the Authority to the Utility Owning Entity. In the
event of any delay in shifting thereof, the Contractor shall be responsible for failure
to perform any of its obligations here under if such failure is not as a direct
consequence of delay on the part of the entity owning such electric lines, water
pipes or telephone cables, as the case may be.

The dismantled material/scrap of existing Utility to be shifted dismantled shall

belong to the Contractor who would be free to dispose-off the dismantled materials
as deemed fit by them.

The work of shifting of utilities can be taken up by the Contractor any time after
signing of the Agreement.

New utilities

(i) The Contractor shall allow, subject to the permission from the Authority and such
conditions as the Authority may specify, access to, and use of the Site for laying
telephone lines, water pipes, electricity lines/ cables or other public utilities. Where
such access or use causes any financial loss to the Contractor, it may require the user
50
 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.

(ii) 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.
(iii) 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.

(iv) In the event 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.

9.3 Felling of trees

The Authority shall assist the Contractor in obtaining the Applicable Permits for
felling of trees in non-forest area to be identified by the Authority for this purpose if,
and only if, such trees cause a Material Adverse Effect on the construction or
maintenance of the Project Highway. The Contractor shall fell these trees as per the
Permits obtained. The cost of such felling shall be borne by the Authority and in the
event of any delay in felling thereof for reasons beyond the control of the Contractor;
it shall be excused for failure to perform any of its obligations hereunder if such failure
is a direct consequence of delay in the felling of trees. The Parties hereto agree that
the felled trees shall be deemed to be owned by the Authority and shall be disposed in
such manner and subject to such conditions as the Authority may in its sole discretion
deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of
trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by
the Authority within the time specified in the Agreement.

9.4 Dismantling of structures

The Contractor shall at its own cost dismantle the structures in the acquired lands
including those on patta lands, abadi lands, assigned lands, etc. the compensation for
which, was paid by the Authority to the land owners and the lands were handed over
to the Contractor as per Schedule B-I. The Contractor shall, at its own cost, dispose of
the dismantled material in its sole discretion as deemed appropriate, while complying

51
 with all environmental guidelines and regulations and clear the Site for undertaking
construction. In the event of any delay in dismantling of structures thereof for reasons
beyond the control of the Contractor, the Contractor shall be entitled to Damages in a
sum calculated in accordance with the formula specified in Clause 8.3 (i) for the
period of delay, and to the Time Extension in accordance with Clause 10.5 for and in
respect of the part(s) of the Works affected by such delay; provided that if the delays
involve any time overlaps, the overlaps shall not be additive.
9.5 Development Period

The Contractor may commence pre-construction activities like utility shifting,

boundary wall construction or any other activity assigned to the Contractor by the
Authority to enable construction of the Project Highway immediately after signing of
the Agreement, to the extent that such work is ready for execution. The Parties agree
that these works may be taken up and completed to the extent feasible by the
Contractor, before declaration of the Appointed Date, but no claim against the
Authority for delay shall survive during this period and that the undertaking of these
works by the Contractor shall not count towards the Scheduled Construction Period
of the project which starts counting only from the Appointed Date. No construction
activity of the Project Highway shall be undertaken during the development period.

52
 Article 10

Design and Construction of the Project Highway

10.1 Obligations prior to commencement of Works

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

(a) appoint its representative, duly authorized 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.

(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the
Appointed Date 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.

(iii) 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, for review and consent of the
Engineer, giving the following details:

(a) Part I : Contractor’s organisation for the Project, the general methods
and arrangements for design and construction, environmental management
plan, Quality Assurance Plan including design quality plan, traffic
management and safety plan covering safety of users and workers during
construction (including use of ‘ROBOTS’ for diversion and control of traffic),
Contractor’s key personnel and equipment.
(b) Part II : Programme for completion of all stages of construction given
in Schedule-H and Project Milestones of the Works as specified in Project
Completion Schedule set forth in Schedule-J. The Programme shall include:
i. the order in which the Contractor intends to carry out the Works,
including the anticipated timing of design and stages of Works;
ii. the periods for reviews under Clause 10.2;

53
 iii. the sequence and timing of inspections and tests specified in this
Agreement; and
iv. the particulars for the pre-construction reviews and for any other
submissions, approvals and consents specified in the Agreement.

The Contractor shall submit a revised Programmed whenever the previous

Programmed is inconsistent with the actual progress or with the Contractor’s
obligations.

(c) Part III : Monthly cash flow forecast.

(iv) The Contractor shall compute, on the basis of the Drawings prepared in accordance
with Clause 10.2 (iv), 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.

(v) The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carry
out a 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 (3) names of qualified and
experienced firms from which the Authority may choose one (1) 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 Contractor shall propose
to the Authority a revised panel of three (3) 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.

(vi) The safety audit pursuant to Clause 10.1 (v) 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

54
 avoidance of doubt, the Safety Consultant to be engaged by the Contractor shall be
independent of the design and implementation team of the Contractor.

10.2 Design and Drawings

(i) 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 and approval of the
Authority’s Engineer.

(ii) The Contractor shall appoint a proof check consultant (the “Proof Consultant”) after
proposing to the Authority a panel of three (3) names of qualified and experienced
firms from whom the Authority may choose one (1) 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 Contractor shall propose to the
Authority a revised panel of three (3) names from the firms empanelled 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 (2) 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.

(iii) 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.

(iv) 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 (3)
copies each of the design and Drawings, duly certified by the Proof Consultant,
to the Authority’s Engineer for its approval. Provided, however, that in respect
of Major Bridges and Structures, the Authority’s Engineer may require
additional drawings for approval in accordance with Good Industry Practice.
(b) by submitting the Drawings for review and approval to the Authority’s
Engineer, the Contractor shall 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;

55
 (c) within 15 (fifteen) days of the receipt of the Drawings, the Authority’s
Engineer shall review the same and convey its approval/observations to the
Contractor with particular reference to their conformity or otherwise with the
Scope of the Project and the Specifications and Standards. Provided, however
that in case of a major bridge or structure, the aforesaid period of 15 (fifteen)
days may be extended up to 30 (thirty) days;
(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 Authority’s Engineer for review and approval. The
Authority’s Engineer shall give its observations, if any, within 10 (ten) days of
receipt of the revised Drawings. In the event the Contractor fails to revise and
resubmit such Drawings to the Authority’s Engineer for review/approval as
aforesaid, the Authority’s Engineer may withhold the payment for the affected
works in accordance with the provisions of Clause 19.5 (iv). 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/approval and/or observation of the Authority’s Engineer and/or its
failure to review/approval 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 approval 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.
(h) the Contractor shall ensure that all the designs and drawings shall be
approved from the Authority’s Engineer within 90 days (ninety) from the
Appointed Date.

(v) Any cost or delay in construction arising from review/approval by the Authority’s
Engineer shall be borne by the Contractor.

56
(vi) 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 approval of the
Authority’s Engineer thereon as communicated pursuant to the provisions of sub-
Clause (c) & (d) of Clause 10.2 (iv). 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.

(vii) 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, in
2 (two) hard copies and in micro film form or in such other medium as may be
acceptable to the Authority, reflecting the Project Highway as actually designed,
engineered and constructed, including an as-built survey illustrating the layout of the
Project Highway and setback lines, if any, of the buildings and structures forming part
of Project Facilities.

10.3 Construction of the Project Highway

(i) 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 [240th (Two hundred and Fourthith) 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.

(ii) 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 Project
Highway is 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 Project Highway is
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 (ii) shall be refunded by the Authority to the Contractor, but without any interest
thereon.

57
 The Parties agree that for determining achievement or delays in completion of the
Project Milestones or the Project on the due date, the works affected due to delay in
providing the site for which time extension has been granted beyond the Scheduled
Completion Date will be excluded. For example on the due date to achieve the Project
Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180 th (one
hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project
length corresponding to the Project Milestone-I is not handed over or lately handed
over resulting in the extension of completion of this 5% (five percent) length beyond
Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved
by 180th (one hundred and eighty) day.

For the avoidance of doubt, it is agreed that recovery of Damages under this Clause
10.3 (ii) 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 Extension hereunder shall only be reckoned for and in respect of the affected
Works as specified in Clause 10.5 (ii).

(iii) 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
representation, 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 (ii)
shall not exceed 10% (ten percent) of the Contract Price. If the damages exceed 10%
(ten percent) of the Contract Price, the Contractor shall be deemed to be in default of
this agreement having no cure and the Authority shall be entitled to terminate this
Agreement by issuing a Termination Notice in accordance with the provisions of
Clause 23.1 (ii).

(iv) In the event that the Contractor fails to achieve the Project Completion within a
period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J,
unless such failure has occurred due to Force Majeure or for reasons solely
attributable to the Authority, the contractor shall be deemed to be ineligible for
bidding any future projects of the Authority, both as the sole party or as one of the
parties of Joint Venture/ Consortium during the period from Scheduled Completion
Date to issuance of Completion Certificate. This restriction is applicable if the contract
value of the delayed project is not less than Rs. 300 Crore.

10.3 Maintenance during Construction Period

(i) 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 on Appointed Date, 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

58
 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.

(ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of
default by the Contractor in discharging the obligations specified in Clause 10.4 (i)
above, the Authority shall get these maintenance works completed in the manner
recommended by the Authority’s Engineer to avoid public inconvenience at the risk
and cost of the Contractor in order to keep the road in traffic worthy condition.

10.4 Extension of time for completion

(i) 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 of Construction Zone, environmental

clearances or approval of railway authorities, specified in Clause 3.1 (iv);
(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;
(d) any delay, impediment or prevention caused by or attributable to the
Authority, the Authority's personnel 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.

(ii) The Contractor shall, no later than 15 (fifteen) business days from the occurrence of
an event or circumstance specified in Clause 10.5 (i), 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.

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(iii) On the failure of the Contractor to issue to the Authority’s Engineer a notice in
accordance with the provisions of Clause 10.5 (ii) 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 (iii), the Authority shall be
discharged from all liability in connection with the claim.

(iv) The Authority’s Engineer shall, on receipt of the claim in accordance with the
provisions of Clause 10.5 (ii), 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 30 (thirty) 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.

(v) 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 (iv) within a period of 30 (thirty)
days of the receipt thereof

10.5 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 (ii) 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.

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10.6 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 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.

10.7 As-Built Records

The Contractor shall prepare, and keep up-to-date, a complete set of as built records
of the execution of the Works, showing the exact as built locations, sizes and details
on the Works as executed with cross references to all relevant specifications and data
sheets. These records shall be kept on the Site and shall be used exclusively for the
purpose of this Sub-Clause 10.8. The Contractor shall provide 2 (two) copies of as
built records to the Authority prior to the commencement of the Tests on Completion.

10.8 Contractor's Use of Authority’s Documents

Intellectual property in the Authority’s requirements and Specifications and

Standards and all other documents and materials issued by the Authority or the
Authority’s Representative to the Contractor shall (as between the parties) remain
the property of the Authority. The Contractor may, at its cost, copy, use and
communicate any such documents for the purposes of the Contract. They shall not,
without the consent of the Authority, be used, copied or communicated to a third
party by the Contractor, except as necessary for the purposes of the Works under the
Agreement.

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 Article 11

Quality Assurance, Monitoring and Supervision

11.1 Quality of Materials and workmanship

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.

11.2 Quality control system

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

(ii) 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) organization, 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 Authority’s Engineer shall convey its approval 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.

(iii) 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.

(iv) 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 and consent 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 consent to the

62
 Contractor within a period of 10 (ten) days from the date of receipt of the proposed
methodology from the Contractor.

11.4 Inspection and technical audit by the Authority

The Authority or any representative authorized 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

(i) At any time during construction, the Authority may appoint an external technical
auditor to conduct an audit of the quality of the Works. The Auditor in the presence of
the representatives of the Contractor and the Authority’s Engineer shall carry out the
tests and/ or collect samples for testing in the laboratory. The timing, the testing
equipment and the sample size of this audit shall be as decided by the Authority. 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.

(ii) After completion of the remedial measures by the Contractor, the Auditor shall
undertake a closure audit and this process will continue till the remedial measures
have brought the works into compliance with the Specifications and Standards. 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 Authority shall have the right to inspect the records of the Contractor relating to
the Works.

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 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.

The Contractor agrees that reporting under this Clause 11.7 shall continue until the
date of the completion of the Works. Each report shall include:

(a) an executive summary;

(b) charts showing the status of Contractor's documents, construction and
manufacturing and environmental works;

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 (c) details of work subcontracted and the performance of Sub-contractors;
(d) for the construction of each main part of the Works, the extent of progress
(both quantity and percentage of the whole), the actual or expected dates of
commencement, anticipated completion date of the activity, Contractor's
inspections and tests;
(e) records of manpower and Contractor's equipment on the Site;
(f) copies for that month of quality assurance documents, test results and
certificates;
(g) safety statistics, accident data collection including details of any hazardous
incidents and activities relating to environmental aspects and public relations;
(h) comparisons of actual and planned progress, with details of any aspects which
may jeopardise the completion in accordance with the Agreement, and the
measures being (or to be) adopted to overcome such aspects;
(i) details of any unresolved disputes or claims, in relation to the Project;
(j) details of any revision to the cash flow estimate, together with a copy of the
revised cash flow estimate;
(k) status of various Applicable Permits and compliance of conditions therein;
(l) details of various royalty payment and insurances required to be taken by the
Contractor; and
(m) such other reports as may be required by the Authority for enabling the
Authority to comply with its obligations under the other Project contracts.
(n) details of defects by the Authority;
(o) change in emission of any sewage or effluent of any nature whatsoever,
whether qualitatively or quantitatively;
(p) any Material Adverse Effect;
(q) declaration towards compliance with Applicable Laws including but not
limited to environmental and labour legislations;
(r) declaration specifying compliance with all Manuals provided to the
Contractor; and
(s) any change in the flow of traffic in the existing Project Highway.

11.8 Inspection

(i) The Authority’s Engineer and its authorized 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

64
 (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.

(ii) 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.

(iii) 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

(i) For 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% (Hundred percent) of the
quantity or number of tests prescribed for each category or type of test for quality
control by the Contractor.

(ii) 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

65
 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.

11.13 Remedial work

(i) Notwithstanding 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.

(ii) If the Contractor fails to comply with the instructions issued by the Authority’s
Engineer under Clause 11.13 (i), within the time specified in the Authority’s

66
 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 (ii), 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 a copy of all its quality control records and documents
to the Authority’s Engineer before the Completion Certificate is issued pursuant to
Clause 12.2. The Contractor shall submit Road Signage Plans to the Authority
Engineer for approval at least 6 (six) months prior to expected completion of Project
Highway.

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

(i) Upon recommendation of the Authority’s Engineer to this effect, 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, such work threatens
the safety of the Users and pedestrians.

(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), 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

67
 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.

(iii) 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.

(iv) 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.

11.18 Staff and Labour

(i) Engagement of Staff and Labour

(a) The Contractor shall make its own arrangements for the engagement of all
personnel and labour, local or otherwise, and for their payment, housing,
feeding and transport.
(b) The Contractor has verified/ shall verify the identity and address of all its
employees and officials related to the Works by collecting necessary
documentary proof.
(c) The Contractor shall seek a self-declaration from its employees that they have
not been convicted of any criminal offence by any court and if any criminal
proceedings/charge-sheets have been pending/filed against them. The
Contractor shall not employ persons with criminal track record on the project.
In cases where it comes to notice later that the employee concerned has
concealed any such fact in his self-declaration or commits a criminal offence
during the course of his employment, the Contractor shall remove such
person from the project
(d) Deleted.
(e) The employees and personnel of the Contractor shall work under the
supervision, control and direction of the Contractor and the Contractor shall
be solely responsible for all negotiations with its employees and personnel
relating to their salaries and benefits, and shall be responsible for
assessments and monitoring of performance and for all disciplinary matters.
All employees / personnel, executives engaged by the Contractor shall be in
sole employment of the Contractor and the Contractor shall be solely
responsible for their salaries, wages, statutory payments, etc and under no
circumstances the personnel shall be deemed to be the employees of the
Authority. Under no circumstances the Authority shall be liable for any

68
 payment or claim or compensation of any nature to the employees and
personnel of the Contractor.

(ii) Returns of Labour

(a) The Contractor shall deliver to the Authority a detailed return in such form
and at such intervals as the Authority may prescribe, showing the details
including names, payment details and terms of appointment of the several
classes of labour employed by the Contractor from time to time for the Works.
The Contractor shall, in its returns certify that all dues of the workers or labour
have been fully paid.
(b) The Authority is entitled to witness labour payments made or to be made by
the Contractor. If the Contractor defaults in its obligations for making any
payments under the labour laws, the Employer may make the relevant
payments. Any sum equal to any amount paid by the Employer under this
Sub-Sub-Clause 9.2 shall be immediately due as a debt from the Contractor to
the Employer and until payment/ set off shall carry interest at 18% per
annum. For this purpose it is agreed between the parties that debt due
aforesaid shall be set off immediately out the running account bills of the
Contractor under this Agreement.

(iii) Persons in the Service of Others

The Contractor shall not recruit, or attempt to recruit from amongst persons in the
service of the Authority.

(iv) Labour Laws

(a) The Contractor shall obtain all relevant labour registrations and comply with
all relevant labour laws applying to its employees, and shall duly pay them
and afford to them all their legal rights.
(b) The Contractor shall make all deductions of tax at source and all contributions
to the Payment of Gratuity, Provident Fund (including Employees’
contribution) and Employees’ State Insurance Scheme as may be required by
Applicable Laws and deposit the aforesaid contributed amount with the
appropriate authority/(s).
(c) The Contractor shall require all personnel engaged in the Works to obey all
Applicable Laws and regulations. The Contractor shall permit Authority to
witness labour payments for the Contractors direct labour, or the
Subcontractors labour. The Contractor shall ensure that all its Subcontractors
strictly comply with all labour laws.
(d) Documentary evidence confirming compliance with Sub-Clause 12.4, as may
be required from time to time, shall be provided to the Employer’s
Representative.
(e) The Employer shall not be liable for any delay/default of the Contractor in
compliance of the labour laws.

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(v) Facilities for Staff and Labour

The Contractor shall provide and maintain all necessary accommodation and welfare
facilities for personnel engaged for the Works. The Contractor shall not permit any
personnel engaged for the Works to maintain any temporary or permanent living
quarters within the structures forming part of the Works.

(vi) Health And Safety

All necessary precautions shall be taken by the Contractor to ensure the health and
safety of staff and labour engaged for the Works. The Contractor shall, in
collaboration with and to the requirements of the local health authorities, ensure that
para-medical staff, first aid facilities, ambulance service are available on the Site at all
times, and that suitable arrangements are made for all necessary welfare and hygiene
requirements and for the prevention of epidemics. The Contractor shall appoint a
safety officer to be responsible for the safety of personnel on the Site. This safety
officer shall be qualified for his work and shall have the authority to issue instructions
concerning safety and take protective measures to prevent accidents. The Contractor
shall maintain records and make reports concerning health, safety and welfare of
personnel, and damage to property, in such manner as the Authority may reasonably
require.

(vii) Contractor's Personnel

The Contractor shall employ only personnel who are appropriately qualified, skilled
and experienced in their respective trades or occupations. The Authority may require
the Contractor to remove any personnel engaged for the Works, who in the opinion of
the Authority:

(a) has engaged in any misconduct;

(b) is incompetent or negligent in the performance of his duties;
(c) fails to conform with any provisions of the Contract;
(d) engages in any conduct which is prejudicial to safety, health, or the protection
of the environment; or
(e) makes errors in the discharge of his functions.

If appropriate and required by the Employer, the Contractor shall then appoint (or
cause to be appointed) a suitable replacement person.

(viii) Disorderly Conduct

The Contractor shall at all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst its personnel, and to preserve
peace and protection of people and property in the neighbourhood of the Works.

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 Article 12

Completion Certificate

12.1 Tests on Completion

(i) 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.

(ii) 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 Completion Certificate

(i) Upon completion of all Works forming part of the Project Highway, and the
Authority’s Engineer determining the Tests to be successful and after the receipt of
notarized true copies of the certificate(s) of insurance, copies of insurance policies
and premium payment receipts in respect of the insurance defined in Article 20 and
Schedule P of this Agreement, it shall, at the request of the Contractor forthwith issue
to the Contractor and the Authority a certificate substantially in the form set forth in
Schedule-L (the “Completion Certificate”).

(ii) 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

71
 an amount equal to 120% (one hundred and twenty per cent) of the actual cost of
removal incurred by the Authority.

(iii) 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.

12.3 Rescheduling of Tests

If the Authority’s Engineer certifies to the Authority and the Contractor that it is
unable to issue the Completion 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.

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 Article 13

Change of Scope

13.1 Change of Scope

(i) 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”) within a period of six months counted from the Appointed Date.
Upon the Authority making its intention known to the Contractor for the specific
Change of Scope, be it positive or negative, the Contractor shall submit his proposal
for the said 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.

(ii) Provided that any such Change of Scope, excluding major structures (e.g. Major
Bridge/ ROB/ RUB/ Flyover/ elevated road of more than 50 m length) may be
required and agreed to be executed between the parties beyond the period of six
months of the Appointed Date but before expiry of 50% of the original Scheduled
Construction Period of the Project Highway, subject to the condition that it shall not
entail any claims (e.g. Extension of Time/ Prolongation related claims), against the
Authority.

(iii) The Change of Scope shall mean the following:

(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
(iii); 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.

13.2 Procedure for Change of Scope

(i) 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”). The Contractor shall submit a detailed proposal as per Clause 13.2
(iii) within 15 days from the receipt of Change of Scope Notice.

(ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a
Change of Scope to the Works is required, it shall prepare a proposal with relevant
details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to
consider such Change of Scope (the “Change of Scope Request”).

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(iii) 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 detailed proposal 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-up of the quantities, unit rates and cost for different items of work; and
ii. proposed design for the Change of Scope;

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 (ii), the Contract Price shall be increased or
decreased, as the case may be, on account of any such Change of Scope.

(iv) The parties agree that costs and time for implementation of the proposed Change of
Scope shall be determined as per the following:

(a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public
Works Department are applicable at the Base Date are available, the same shall
be applicable for determination of costs. In case of non-availability of Schedule
of Rates at the Base Date, the available Schedule of Rates shall be applied by
updating the same based on WPI. In case the Contract Price is lower/ higher
than the Estimated Project Cost as per RFP, then the SOR rates shall be
reduced/ increased in the same proportion accordingly.
(b) For item of Works not included in Schedule of Rates as mentioned in sub-para
(a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of
MORTH Standard Data Book and the Authority’s Engineer shall determine the
prevailing market rates and discount the same considering WPI to achieve
the prevailing rate at the Base Date, 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.
For the avoidance of doubt, in case the cost as determined by the Contractor
and the Authority reveals a difference of more than 10% (ten per cent), the
cost as determined by the Authority shall be considered as final and binding
on the Contractor.
(c) The design charges shall be considered only for new works or items (i.e. the
Works or items not similar to the works or items in the original scope) @ 1%
(one per cent) of cost of such new works or items.

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 (d) The costs of existing works or items, which are being changed/ omitted shall
also be valued as per above procedure and only net cost shall be considered.
(e) The reasonable time for completion of works to be taken under Change of
Scope shall be determined by the Authority’s Engineer on the basis of Good
Industry Practice and if such time exceeds the Scheduled Completion Date, the
issue of Completion Certificate shall not be affected or delayed on account of
construction of Change of Scope items/ works remaining incomplete on the
date of Tests.

(v) Upon consideration of the detailed proposal submitted by the Contractor under the
Clause 13.2 (iii), the Authority, within 15 (fifteen) days of receipt of such proposal,
may in its sole discretion either accept such Change of Scope with modifications, if
any, and initiate proceedings thereof in accordance with this Article 13 or reject the
proposal and inform the Contractor of its decision and shall issue an order (the
“Change of Scope Order”) requiring the Contractor to proceed with the performance
thereof.

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, that too with verbal approval of
Authority which shall be confirmed in writing in next 3 (three) days. 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.

(vi) 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

(i) 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.

(ii) The total value of all Change of Scope Orders shall not exceed 10% (ten per cent) of
the Contract Price.

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(iii) Notwithstanding anything to the contrary in this Article 13, if any change is
necessitated because of any default of the Contractor in the performance of its
obligations under this Agreement, the same shall not 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

(i) 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 or
agency on the basis of open competitive bidding. It is also agreed that the Contractor
shall provide assistance and cooperation to the person or agency who undertakes the
works or services hereunder. The Contractor shall not be responsible for rectification
of any Defects, but the Contractor shall carry out maintenance of such works after
completion of Defect Liability Period of work by other person or agency during the
remaining period of this agreement without any extra payment.

(ii) 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.

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 Article 14
Maintenance

14.1 Maintenance obligations of the Contractor

(i) The Contractor shall maintain the Project Highway for a period of [5 (five) / 10 (ten)]
years, corresponding to the Defects Liability Period, commencing from the date of the
Completion Certificate (the “Maintenance Period”). For the performance of its
Maintenance obligations, the Contractor shall be paid:
(a) For flexible pavement with 5 years Maintenance Period including structures:
no maintenance charges shall be paid for the first year; 0.50%of the Contract
Price each for the second, third and fourth year; and 1% of the Contract Price
for the fifth year.
Further, for Maintenance of existing work done by M/s GDCL amounting
to Rs. 217 Cr (excluding GST) with 5 years Maintenance Period including
structures: no maintenance charges shall be paid for the first year; 0.50%of
the Rs. 217 Cr each for the second, third and fourth year; and 1% of Rs. 217
Cr for the fifth year.
(b) For rigid pavement with 10 years Maintenance Period including structures:
0.25% of the Contract Price each for the first, second and third year, 0.5%
of the Contract Price each for fourth, fifth, sixth and seventh year, and
0.75% of the Contract Price each for eighth, ninth and tenth year.
(c) For flexible perpetual pavement with 10 years maintenance period including
structures: no maintenance charges shall be paid for the first year; 0.5% of the
Contract Price each for the second, third and fourth year; 0.75% of the
Contract Price each for the subsequent years till laying of the renewal layer or
end of maintenance period, whichever is earlier. The requirement for the
renewal layer shall be worked out based on the survey and investigation of
the existing pavement and the cost of such renewal works shall be made
separately to the Contractor based on the principles defined under clause
13.2(iii). After laying of the renewal layer, the Contractor shall be paid @
0.5% of the original Contract Price each for the remaining years till the end of
maintenance period.
(d) For stand-alone Bridge/ Tunnel works: the contractor shall be paid @ 0.25%
of the Contract Price each for the first five years and @ 0.50% of the Contract
Price each for the remaining period of five years.

Above amount for the performance of Contractors’ Maintenance obligations shall be,
inclusive of all taxes, except GST. The amount payable for maintenance 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. It is further agreed
that the Contract Price hereunder shall be reckoned with reference to the amount
specified in Clause 19.1 (i), which shall be adjusted to the extent of Change of Scope
and the works withdrawn under the provisions of Clause 8.3 (iii), but shall not
include any price adjustments in pursuance of Clause 19.10.

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(ii) 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. For the avoidance of doubt, the
electricity charges for operation of electrical infrastructure installed along
the project length, except the infrastructure being used by the Contractor
for its own use, shall be borne by the Authority;
(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
(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.

(iii) 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 wilful default or neglect of the Authority or a Force Majeure Event.

(iv) 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

(i) The Contractor shall prepare a monthly maintenance programme (the “Maintenance
Programme”) in consultation with the Authority’s Engineer and submit the same to
the 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 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
Engineer;
(b) the proposed maintenance Works; and

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 (c) deployment of resources for maintenance Works.

14.4 Safety, vehicle breakdowns and accidents

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

(ii) The Contractor shall maintain and operate a round-the-clock vehicle rescue post with
1 (one) mobile crane having the capacity to lift a truck with a Gross Vehicle Weight of
30,000 (thirty thousand) kilograms; and such post shall be located at [Toll Plaza].
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

(i) 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
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 Engineer shall grant permission with such modifications as it
may deem necessary and a copy of such permission shall be sent to the Authority.

(ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be
entitled to close the designated lane for the period specified therein, and for all lane
closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall,
in the event of any delay in re-opening such lane, 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. In the event of any
delay in re-opening such lanes or in the event of emergency decommissioning and
closure to traffic of the whole or any part of the Project Highway due to failure of the
Contractor, the Contractor shall pay damages to the Authority at double the above
rate, without prejudice the rights of the Authority under this Agreement including
Termination thereof.

14.6 Reduction of payment for non-performance of Maintenance obligations

(i) 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.

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(ii) 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 Engineer and conveyed to the Contractor and the
Authority with reasons thereof.

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 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

(i) 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.

(ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or
remove any hardship or danger within a reasonable period, the Authority may
exercise overriding powers under this Clause 14.9 (ii) 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.

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(iii) 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 (iii), and shall provide assistance and
cooperation to the Authority, on a best effort basis, for performance of its obligations
hereunder.

14.10 Taking over Certificate

The Maintenance Requirements set forth in Schedule-E having been duly carried out,
Maintenance Period as set forth in Clause 14.1 (i) having been expired and Authority’s
Engineer determining the Tests 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.

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 Article 15

Supervision and Monitoring during Maintenance

15.1 Inspection by the Contractor

(i) The Authority’s Engineer shall undertake regular inspections to evaluate

continuously the compliance with the Maintenance Requirements.

(ii) 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 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 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 Engineer forthwith.

15.2 Inspection and payments

(i) The 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.

(ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance
Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer
shall carry out an inspection within 10 (ten) days to certify the amount payable to the
Contractor. The 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 Engineer in verifying compliance with the
Maintenance Requirements.

(iii) For each case of non-compliance of Maintenance Requirements as specified in the

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

(iv) 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.

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15.3 Tests

For determining that the Project Highway conforms to the Maintenance

Requirements, the 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 Engineer and
furnish the results of such Tests forthwith to the Authority’ Engineer.

At any time during Maintenance Period, the Authority may appoint an external
technical auditor to conduct an audit of the quality of the Works. The Auditor in the
presence of the representatives of the Contractor and the Authority’s Engineer shall
carry out the Tests and/ or collect samples for testing in the laboratory. The timing,
the testing equipment and the sample size of this audit shall be as decided by the
Authority. 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 measures.
After completion of the remedial measures by the Contractor, the auditor shall
undertake a closure audit and this process will continue till the remedial measures
have brought the maintenance works into compliance with the Specifications and
Standards. 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 15.3, the external technical audit shall not affect any obligations of the
Contractor or the Authority’s Engineer under this Agreement.

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 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;
(c) flooding of Project Highway; and
(d) any other unusual occurrence.

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 Article 16

Traffic Regulation

16.1 Traffic regulation by the Contractor

(i) 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.

(ii) All works shall be carried out in a manner creating least interference to traffic passing
through the Project Highway or a Section thereof. In sections 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. ‘ROBOTS’ may be
used for diversion and control of traffic during Construction. 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.

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 Article 17

Defects Liability

17.1 Defects Liability Period

(i) 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 commencing from the date of Completion Certificate (the “Defects Liability
Period”) as specified below:

(a) 5 (five) years from the date of completion in case of a road being constructed
with flexible pavement;
(b) 10 (ten) years from the date of completion in case of road being constructed
with rigid pavement;
(c) 10 (ten) years from the date of completion in case of road being constructed
with flexible pavement using perpetual design;
(d) 10 (ten) years from the date of completion in case of all stand-alone
structures, e.g. Major Bridges/ and Tunnels;
(e) 10 (ten) years from the date of completion for the stretches where new
technology/ material has been/ is proposed to be used.
(f) 3 (three) years from the date of completion for stretches requiring renewal of
Bituminous Concrete (BC) layer through either using hot-in-place recycling of
the entire BC layer or providing a fresh layer of BC with 40mm thickness.
(g) 3 (three) years from the date of completion for stretches requiring
improvement to riding quality, in cases other than those mentioned in para (f)
above, through laying a layer of BM/DBM and BC.

The Defects Liability Period shall commence from the date of the Completion
Certificate. For the avoidance of any doubt, any repairs or restoration because 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 (iii), the Contractor shall repair or rectify
all Defects and deficiencies observed by the Authority or Authority’s Engineer during
the Defects Liability Period within a period of 15 (fifteen) days from the date of notice
issued by the Authority or Authority’s Engineer in this behalf, or within such
reasonable period as may be determined by the Authority or Authority’s Engineer at
the request of the Contractor, in accordance with Good Industry Practice.

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17.3 Cost of remedying Defects

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.

17.4 Contractor’s failure to rectify Defects

If 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 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 Engineer. The cost so determined and
an amount equal to 20% (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 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 or rectified.

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 Article 18

Authority’s Engineer

18.1 Appointment of the Authority’s Engineer

(i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring
Committee (PMC) substantially in accordance with the selection criteria set forth in
Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In
unavoidable circumstances, Authority may appoint an officer to act as Authority’s
Engineer until appointment of a Consulting Engineering firm/ Supervision
Consultant/ PMC.

(ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of
NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs;
and PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision
and monitoring of the execution of project as the representative of the owner of the
project. The Authority's Engineer is appointed to assist the Authority for carrying out
the functions as detailed under clause 18.2. As such, an officer of the Authority is
vested with all such powers and responsibilities as are enjoined upon the Authority's
Engineer and is fully competent to issue any instructions for proper monitoring and
supervision of the project, either by himself or through the Authority's Engineer.
Instructions issued by the concerned officer of the Authority shall have the same
effect as that of the Authority's Engineer in terms of this Agreement. Wherever such
concerned officer issues any instructions or notice to the Contractor, he shall endorse
a copy thereof to the Authority's Engineer.

(iii) The Authority’s Engineer should be appointed within 10 days from the date of this
Agreement or before declaration of Appointed Date, whichever is earlier. The
Authority shall notify the appointment or replacement of the Authority’s Engineer to
the Contractor.

(iv) 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

(i) 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 Annexure-I
of Schedule N, but subject to obtaining prior written approval of the Authority before
determining:

(a) any Time Extension;

(b) any additional cost to be paid by the Authority to the Contractor;
(c) the Termination Payment;

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 (d) issuance of Completion Certificate; or
(e) any other matter which is not specified in (a), (b), (c) or (d) above and which
creates financial liability on either Party.

(ii) 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 (i).

(iii) 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.

(iv) The Authority’s Engineer shall conduct NSV survey & FWD survey (as per Ministry’s
circular RW/NH-33044/32/2019/S&R (P&B) dated 13.11.2019, RW/NH-
33044/64/2021/S&R (P&B) dated 31.08.2021) shall be conducted at the following
intervals:

(a) Before start of the work,

(b) Before issue of provisional/ final completion certificate,
(c) Every 6 months after completion of work
7.4.3
7.4.4 The NSV & FWD reports shall be uploaded on PMIS and RAMS portal
(http://nsvsurvey.nhai.org/NSVsurvey/)

(v) The Authority’s Engineer in consultation with the Authority shall update PMIS
Portal of the Ministry (https://pmis.morthedisha.gov.in/) and also ensure
uploading Monthly and Quarterly Progress Report along with Strip Chart on PMIS
Portal. Such updations shall be done on the last date of every month/ quarter and
if required, on a weekly basis as advised by the Authority. Monthly invoices
towards services of the Authority’s Engineer shall not be admitted for payment in
case of non-compliance of the above.

18.3 Delegation by the Authority’s Engineer

(i) 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.

(ii) 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 to reject the work, Plant or Materials, which is not in accordance with the
provisions of this Agreement and the Specifications and Standards.

(iii) Notwithstanding anything stated in Clause 18.3 (i) above, the Authority’s Engineer
88
 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

(i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the
Contractor. 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.

(ii) 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 the oral instructions in writing within 2 (two) working days of issuing them.

(iii) In case the Contractor does not receive the confirmation of the oral instructions within
the time specified in Clause 18.4 (ii), 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
instructions.

(iv) 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

(i) The Authority’s Engineer shall consult with each Party in an endeavor 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.

(ii) 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, costs and expenses of the Authority’s Engineer shall be paid by the
Authority.

18.7 Termination of the Authority’s Engineer

89
(i) The Authority may, in its discretion, replace the Authority’s Engineer at any time.
However, the Authority shall ensure that alternative arrangements for appointment
of another Authority's Engineer or designation of its own officer as the Authority
Engineer for the intervening period are made simultaneously.

(ii) 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
the 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 and 18.7 (i).

90
 Part IV

Financial Covenants

91
 Article 19

Payments

19.1 Contract Price

(i) 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 INR … … … … (INR … … … … … … … …) (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.

(ii) The Contract Price includes all duties, royalty, cess, charges, 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. “The contract price also includes the cost
of shifting of obstructing utilities (including all centages as applicable by the utility owing
department except supervision charges) as given in clause 9.2 and schedule B.” No GST will
be paid separately.

(iii) The Contract Price shall not be adjusted for any change in costs stated in Clause 19.1 (ii)
above, except as stated in Clauses 19.10 and 19.17.

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

(v) 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.

(vi) All payments under this Agreement shall be made in Indian Rupees.

19.2 Advance Payment

(i) The Authority shall make an interest-bearing advance payment (the “Advance Payment”) @
“Bank Rate + 3%”, equal to 10 % (ten percent) of the Contract Price, exclusively for
mobilisation expenses. The Advance Payment for mobilisation expenses shall be made in two
instalments each equal to 5% (five percent) of the Contract Price. The second 5% (five
percent) mobilization advance would be released after submission of utilization certificate
by the Contractor for the first 5% (five per cent) advance already released earlier.

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(ii) In addition to above, the Authority shall make an additional interest-bearing Advance
Payment against newly purchased key Construction equipment required for the works as per
agreed Construction programme and brought to the site, if so requested by the Contractor
subject to the same terms and conditions specified for Advance Payment for mobilisation
expenses in this Agreement. The maximum of such advance shall be 5% (five per cent) of the
Contract Price against Bank Guarantee. This advance shall be further subject to the condition
that:

a. such new equipment are considered by the Authority’s Engineer to be necessary for the
works and
b. these new equipment should be procured in the name of Contractor and is verified by
Authority’s Engineer to have been brought to site.

The Advance Payment for mobilization expenses and for acquisition of key new Construction
equipment would be deemed as interest bearing advance at the applicable interest rate
(@"Bank rate + 3%”), to be compounded annually on a reducing balance basis. The interest
would be recovered along with the recovery of mobilization Advance Payment as per
provision laid down for the mobilization advance recovery.

(iii) 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.

(iv) At any time, after 60 (sixty) 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.

The Contractor has the option of splitting the Bank Guarantee against Advance Payment for
mobilization expenses into parts, each not less than 2.75% (two point seven five per cent) of the
Contract Price. Each part of the guarantee shall remain effective till full repayment of such part
advance corresponding to this bank guarantee. Such part of Bank Guarantee shall be returned to
the Contractor on recovery under the Agreement of the full amount of such part guarantee within
30 (thirty) days of the said recovery.
v. The Advance Payment 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.

vi. The Advance Payment shall be repaid through percentage deductions from the stage
payments determined by the Authority’s Engineer in accordance with Clause 19.5, as
follows:

a. deductions shall commence in the first Stage Payment Statement;

b. deductions shall be made at the rate of 15% (fifteen percent) of each Stage Payment
Statement until such time as the advance payment has been repaid; provided that the advance
payment shall be completely repaid prior to the time when 80% (eighty percent) of the

93
 Schedule Construction Period is over;
c. if total certified stage payments (excluding the Advance Payment and deductions and
repayments of retention) does not exceed 20% (twenty percent) of the Contract Price within
[50% of the Scheduled Construction Period] from the Appointed Date then the Advance
Payment including interest shall be recovered by encashment of the Bank Guarantee for the
Advance Payment.
(vii) 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 (vi), in the event of Termination for Contractor Default, the Advance
Payment shall be deemed to carry interest @ “Bank Rate+5%” 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 the
unrecovered balance.

19.3 Procedure for estimating the payment for the Works

(i) 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.

(ii) 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 (i), supported with necessary particulars and documents in accordance
with this Agreement.

(iii) 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.

94
19.4 Stage Payment Statement for Works

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

(three) 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

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

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

19.6 Monthly Maintenance Statement of the Project Highway

(i) The Contractor shall submit to the Authority’s Engineer a monthly maintenance
statement (“Monthly Maintenance Statement”) in 3 (three) copies by the 7th

95
 (seventh) day of each month in the format set forth in Schedule-O for the Maintenance
of the Project Highway during the previous month.

(ii) 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 (i).

19.7 Payment for Maintenance of the Project Highway

(i) 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:

(a) Compliance with the Maintenance Requirements; and

(b) reduction for non-compliance with the Maintenance Requirement in
accordance with Clause 19.7 (ii).
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.

(ii) Maintenance shall be measured in units of one kilometre 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.

(iii) 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.

(iv) 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 Payment of Damages

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

(ii) The Authority’s Engineer shall issue the IPC within 15 (fifteen) days of the receipt of
the claim under Clause 19.8 (i), 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

96
 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

(i) 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 30 (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.

(ii) 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 @ Bank Rate+ 3% per annum, on all sums remaining unpaid from
the date on which the same should have been paid, calculated in accordance with the
provisions of sub-Clauses (a) and (b) of Clause 19.9 (i) and till the date of actual
payment.

19.10 Price adjustment for the Works- Deleted

(i) The amounts payable to the Contractor for Works shall be adjusted in accordance
with the provisions of this Clause 19.10

(ii) Subject to the provisions of Clause 19.10 (iii), 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
(iv).

(iii) 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.

(iv) 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

97
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: DELETED

(i) DELETED
VRW = 0.85RW x
PL x L1-L0
+
PA x A1-A0 + PF x F1-F0
L0 A0 F0
PB x B1-B0 PM x M1-M0 PC x C1-C0 PS x S1-S0
+ B0
+ M0
+ C0
+ S0

(ii)

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).

98
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 “Manufacture of
machinery for mining, quarrying and construction” 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 [Mathura] on the
Base Date.

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

CO = The WPI for Ordinary Portland Cement for the month of the Base Date.

CI = The WPI for Ordinary Portland 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 [Madhya Pradesh } on
the Base Date.

FI = The official retail price of HSD at the existing consumer pumps of IOC in the
State of [madhya Pradesh] 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 [circle **** in the
State of Madhya Pradesh], 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 Mild Steel –Long Products for the month of the Base Date.

SI = The WPI for Mild Steel –Long Products 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:

99
 Item
Road Works
Earthwork, Culverts, Major
Component Cement
Granular work, Bitumin minor bridges Bridges and
Concrete
and Other ous work and other Structures
Pavement
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%

19.11 Restrictions on price adjustment- Deleted

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.

19.12 Price adjustment for Maintenance of Project Highway

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:

Where

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

W0= The wholesale price index (all commodities) for the month of the Base Date.

10
 WI = The wholesale price index (all commodities) for the first day of the quarter under
consideration for determining the price adjustment.

19.13 Final Payment Statement

(i) Within 60 (sixty) days after receiving the Completion Certificate under Clause 12.2, the
Contractor shall submit to the Authority’s Engineer for consideration 6 (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.

(ii) If the Authority’s Engineer does not prescribe the form referred to in Clause 19.13 (i)
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

(i) Within 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”)

10
 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.

(ii) The 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

(i) Within 30 (thirty) days after completion of the Maintenance Period, the Contractor
shall submit to the Authority’s Engineer 6 (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 clause 19.7 (i) and
(b) any sums which the Contractor considers to be due to it, with supporting
documents.

(ii) 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 (i),
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 Engineer within a period of 30 (thirty) days of the receipt of the Final
Payment Statement from the Authority’s Engineer.

(iii) 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.

19.17 Change in law

(i) 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.

(ii) 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.

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(iii) The Authority’s Engineer shall, within 15 (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 Engineer may by an Interim Payment Certificate make any correction
or modification in any previous Interim Payment Certificate issued by the 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 - Deleted

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 5% (five 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 works shall always be deemed to be as
specified in this Contract Agreement but excluding the works deemed to be deleted
from the scope of work under clause 8.3 of this Contract Agreement and the Contract
Price shall always be deemed to be the amount specified in Clause 19.1 (i) after
excluding the Contract Price of the Works deemed to be deleted from the Scope of
Work under clause 8.3 of this Contract Agreement, and shall exclude any revision
thereof for any reason. The Parties also agree that bonus shall be payable only if each
work for which Time Extension has been granted is completed within respective
Extended Time.

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 Article 20

Insurance

20.1 Insurance for Works and Maintenance

(i) 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.

(ii) 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.

(iii) Subject to the exceptions specified in Clause 20.1 (iv) 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.

(iv) Notwithstanding anything stated above in Clause 20.1 (iii), 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 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.

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(v) Without prejudice to the obligations of the Parties as specified under Clauses 20.1 (iii)
and 20.1 (iv), the Contractor shall maintain or effect such third party insurances as
may be required under the Applicable Laws.

(vi) 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

(i) 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.

(ii) The Contractor shall ensure the adequacy of the insurances at all times in accordance
with the provisions of this Agreement.

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.

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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 wilful default of the Authority, its agents or
servants. The Contractor shall indemnify and keep indemnified the Authority from
and against all such claims, proceedings, damages, costs, charges, and expenses
whatsoever in respect of the above save and except for those acts, omissions or wilful
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

10
 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.

20.12 General Requirements of Insurance Policies

The Contractor must:

(a) immediately deposit copies of the policies or certificates of any insurance

which it is required to effect under the Contract, together with receipts for the
premiums;
(b) effect all insurances for which the Contractor is responsible with an insurer
approved by the Authority;
(c) make no material changes to the terms of any insurance without the
Authority’s approval;
(d) in all respects comply with any conditions stipulated in the insurance policies
which the Contractor is required to effect under the Agreement or which the
Authority has effected in relation to the Facility and notified to the Contractor;
and shall provide all assistance to the Authority in the application for, and
finalization of, such comprehensive insurance package;
(e) regardless of the extent of settlement of claims by the underwriters or the
time taken for settlement of claims, the Contractor shall make good any loss,
or damage at its own cost promptly;
(f) provide all assistance to the Authority in the application for, and finalization
of, such comprehensive insurance package;
(g) pay the Contractor's share of the insurance premiums for insurance
premiums allocated under such comprehensive insurance package policy to

10
 the insurances directly to the insurance provider promptly on demand. In
case the Contractor fails to make such payment in time, the Authority may
elect to pay the Contractor's share and adjust it against amounts payable to
the Contractor under this Agreement;
(h) in the case of occurrence of any event leading to an insurance claim, promptly
follow the procedures specified by the insurance provider, and provide full
cooperation and access to the insurance provider or its representative, to
settle the claim expeditiously;
(i) require all the Sub-Contractors providing equipment and materials or services
to the Contractor or the Authority to obtain, maintain and keep in force during
the time in which they are involved in the performance of the Works
hereunder insurance coverage consistent with the Contractor's insurance
obligations hereunder and the Contractor shall also be responsible for
fulfillment of this requirement; and
(j) the required insurance coverage and the Contractor's obligations-referred to
shall in no way affect or limit the Contractor's liability with respect to its
performance of the Works. Nothing in this Section shall limit or relieve the
Contractor of its liabilities and obligations under this Agreement.
 Part V

Force Majeure and Termination

 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 ionizing 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 judgement 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.

21.3 Indirect Political Event

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

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 (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.

21.5 Duty to report Force Majeure Event

(i) 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:

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 (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.

(ii) 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.

(iii) 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 (i), 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

(i) 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 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.
(d) 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.

(ii) 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,

11
 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.

(iii) 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

(i) 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

(i) 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.

(ii) 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.

(iii) 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 (ii) as if it were an Authority Default.

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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 licensed 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

(i) 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.

(ii) 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.

22.4 Termination

(i) 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

11
 Notice. The Authority shall, within 15 (fifteen) days of receipt of such notice,
terminate this Agreement under and in accordance with Article 23.

(ii) 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

(i) 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, extend or replenish, as the case may be, the
Performance Security in accordance with this Agreement;
(b) after 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) 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;
(h) 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;
(i) the Contractor creates any Encumbrance in breach of this Agreement;
(j) an execution levied on any of the assets of the Contractor has caused a
Material Adverse Effect;

11
(k) 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;
(l) 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;
(m) a resolution for winding up or insolvency of the Contractor is passed, or any
petition for winding up or insolvency of the Contractor is admitted by a court
of competent jurisdiction and a provisional liquidator or receiver or interim
resolution professional, as the case may be, 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;

(n) any representation or warranty of the Contractor herein contained which is,
as of the date hereof, found to be false or the Contractor is at any time
hereafter found to be in breach or non-compliance thereof;
(o) 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;
(p) the Contractor has failed to fulfil any obligation, for which failure Termination
has been specified in this Agreement; or
(q) 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.
(r) gives or offers to give (directly or indirectly) to any person any bribe, gift,
gratuity, commission or other thing of value, as an inducement or reward:
i. for doing or forbearing to do any action in relation to the Contract, or
ii. for showing or forbearing to show favour or disfavour to any person in
relation to the Contract,
or if any of the Contractor’s personnel, agents or subcontractors gives or
offers to give (directly or indirectly) to any person any such inducement or
reward as is described in this sub-paragraph (s). However, lawful

11
 inducements and rewards to Contractor’s Personnel shall not entitle
termination.

(ii) 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.

(iii) The following shall apply in respect of cure of any of the defaults and/ or breaches of
the Agreement:

(a) The Cure Period shall commence from the date of the notice by the Authority
to the Contractor asking the latter to cure the breach or default specified in
such notice;
(b) The Cure Period provided in the Agreement shall not relieve the Contractor
from liability for Damages caused by its breach or default;
(c) The Cure Period shall not in any way be extended by any period of suspension
under the Agreement;
(d) If the cure of any breach by the Contractor requires any reasonable action by
the Contractor that must be approved by the Authority hereunder the
applicable Cure Period (and any liability of the Contractor for damages
incurred) shall be extended by the period taken by the Authority to accord its
required approval.

(iv) 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

(i) 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;

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 (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 becomes bankrupt or insolvent, goes into liquidation, has a
receiving or administration order made against him, compounds with its
creditors, or carries on business under a receiver, trustee or manager for the
benefit of its creditors, or if any act is done or event occurs which (under
Applicable Laws) has a similar effect;
(e) 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;
(f) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate
within 60 (sixty) days after receiving a statement and supporting documents;
or
(g) the whole work is suspended by Authority beyond 120 (one hundred twenty)
days for any reason which is not attributed to the Contractor.

(ii) 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 (fifteenth) 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 and hewould be deemed to have waived
any claim and forfeited any right to any other remedy on that count or in relation to
such action or omission.

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 provided to the Contractor.

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:

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 (a) deliver all relevant records, reports, Intellectual Property and other licences
pertaining to the Works, Maintenance, other design documents;
(b) transfer and/or deliver all Applicable Permits to the extent permissible under
Applicable Laws; and
(c) vacate the Site within 15 (fifteen) days.

23.5 Valuation of Unpaid Works

(i) 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.

(ii) 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

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

(a) encash and appropriate the Performance Security, Additional Performance

Security if any and Retention Money, or in the event the Contractor has failed
to replenish or extend the Performance Security and Additional Performance
Security if any, claim the amount stipulated in Clause 7.1, 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
(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.

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

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 (a) return the Performance Security, Additional 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 of temporary works, as determined by the Authority’s
Engineer; and
iii. 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.

(iii) 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
Bank Rate + 3% per annum, 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.

(iv) 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.

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, which have not been vested in theAuthority in accordance
with the provisions of this Agreement.

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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.

23.9 Foreclosure with mutual consent

(i) Without prejudice to any provision of this Agreement, the Authority and Contractor
may foreclose this Agreement by mutual consent in circumstances which does not
constitute either party’s default without any liability or consequential future liability
for either party.

(ii) Should a Party intend to foreclose this Agreement by mutual consent, the intending
Party shall issue a notice to the other Party and upon issuance of such notice, the
other Party may within 15 days from receipt of such notice either agree to such
foreclosure or raise objection(s) to the same by intimating either of the two possible
positions to the intending Party in writing.

(iii) In either case of the other Party agreeing to the proposed foreclosure or otherwise,
the Parties may negotiate the proposed foreclosure and sign a Supplementary
Agreement for foreclosure to the main Contract Agreement within 30 (thirty) days of
the date agreeing by both Parties. Foreclosure shall not come into effect unless and
otherwise Supplementary Agreement is signed.

(iv) Any attempt or endeavor for foreclosure by mutual agreement shall be without
prejudice to the rights and obligations of the Parties herein and the factum of such an
attempt or exercise shall not stop either of the Parties from discharging their
contractual obligations under this Agreement.

(v) For the avoidance of doubt, it is clarified that such foreclosure will be without
prejudice to the Contractor and shall not affect the Contractor in any way if it wishes
to bid in future projects of the Authority.
 Part VI

Other Provisions
 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

(i) 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

(i) 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 because 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.

(ii) 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

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 or suspension of 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. If 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 Defence of claims

(i) 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.

(ii) 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).

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(iii) 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 (iii) 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 Survival on Termination

The provisions of this Article 25 shall survive Termination.

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 Article 26

Dispute Resolution

26.1 Dispute Resolution

(i) 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.

(ii) 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

In the event of any Dispute between the Parties, either Party may call upon the
Authority’s Engineer, or such other person as the Parties may mutually agree upon
(the “Conciliator”) to mediate and assist the Parties in arriving at an amicable
settlement thereof. Failing mediation by the Conciliator or without the intervention of
the Conciliator, either Party may require such Dispute to be referred to the Chairman
of the Authority and the Chairman of the Board of Directors of the Contractor for
amicable settlement, and upon such reference, the said persons shall meet no later
than 7 (seven) business days from the date of reference to discuss and attempt to
amicably resolve the Dispute. If such meeting does not take place within the 30
(thirty) business day period or the Dispute is not amicably settled within 30 (thirty)
days of the meeting or the Dispute is not resolved as evidenced by the signing of
written terms of settlement within 30 (thirty) days of the notice in writing referred to
in Clause 26.1.1 or such longer period as may be mutually agreed by the Parties,
either Party may refer the Dispute to arbitration in accordance with the provisions of
Clause 26.3 but before resorting to such arbitration, the parties agree to explore
conciliation by the Conciliation Committees of Independent Experts set up by the
Authority in accordance with the procedure decided by the panel of such experts and
notified by the Authority on its website including its subsequent amendments. In the
event of the conciliation proceedings being successful, the parties to the dispute
would sign the written settlement agreement and the conciliators would authenticate
the same. Such settlement agreement would then be binding on the parties in terms of
Section 73 of the Arbitration Act. In case of failure of the conciliation process even at
the level of the Conciliation Committee, either party may refer the Dispute to
arbitration in accordance with the provisions of Clause 26.3.

26.3 Arbitration

(i) Any dispute which remains unresolved between the parties through the mechanisms
available/ prescribed in the Agreement, irrespective of any claim value, which has not

130
 been agreed upon/ reached settlement by the parties, will be referred to the Arbitral
Tribunal as per the Arbitration and Conciliation Act.

(ii) Deleted

(iii) The Arbitral Tribunal 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.

(iv) 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.

(v) 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. Further, the
parties unconditionally acknowledge and agree that notwithstanding any dispute
between them, each Party shall proceed with the performance of its respective
obligations, pending resolution of Dispute in accordance with this Article.

(vi) In the event the Party against whom the Award has been granted challenges the
Award for any reason in a court of law, it shall make an interim payment to the other
Party for an amount equal to 75% (seventy five per cent) of the Award, pending final
settlement of the Dispute. The aforesaid amount shall be paid forthwith upon
furnishing an irrevocable Bank Guarantee for a sum equal to 120 % (one hundred and
twenty per cent) of the aforesaid amount. Upon final settlement of the Dispute, the
aforesaid interim payment shall be adjusted and any balance amount due to be paid
or returned, as the case may be, shall be paid or returned with interest calculated at
the rate of 10% (ten per cent) per annum from the date of interim payment to the
date of final settlement of such balance.

26.4 Adjudication by Regulatory Authority, Tribunal or Commission

In the event of constitution of a statutory regulatory authority, tribunal or

commission, as the case may be, with powers to adjudicate upon disputes between
the Contractor and the Authority, all Disputes arising after such constitution shall,
instead of reference to arbitration under Clause 26.3, be adjudicated upon by such
regulatory authority, tribunal or commission in accordance with the Applicable Law
and all references to Dispute Resolution Procedure shall be construed accordingly.
For the avoidance of doubt, the Parties hereto agree that the adjudication hereunder
shall not be final and binding until an appeal against such adjudication has been
decided by an appellate tribunal or court of competent jurisdiction, as the case may
be, or no such appeal has been preferred within the time specified in the Applicable
Law.

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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, and the courts at [Delhi] shall have exclusive jurisdiction over
matters 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.

27.4 Waiver

(i) 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:-

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 (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.

(ii) 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.

27.7 Survival

(i) 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.

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(ii) All obligations surviving Termination shall only survive for a period of 3 (three) years
following the date of such Termination.

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.

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 otherwisebind, 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.

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 27.13 Notices

Revised Unless the law requires to follow the specified mode of communication only as
prescribed therein, any notice or other communication to be given by one contracting Party to
other Party under or in connection with the matters contemplated by this Agreement shall be
routed through NHAI Data Lake under the hand of a duly authorized representative and shall:

a. In the case of the Contractor, be given through NHAI Lake 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;

{Attention:
Designation:
Address:
Fax No:
Email;}

b. In the case of the Authority, be given through NHAI Data Lake and be addressed to the
(Chairman) of the Authority or such other person as the Authority may from time to time
designate by notice to the Contractor;

{ Attention:
Designation:
Address:
Fax No:
Email;} and

c. Any notice or communication by one contracting Party to the other party, given in accordance
herewith, shall be deemed to have been delivered when given through or made on the NHAI Data
lake.

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

136
 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

(i) 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) of
the 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
other places as envisaged by this Agreement, including replacements of any
computers supplied by the Contractor.

(ii) 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.

(iii) 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

(i) Neither 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.

(ii) 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.

137
27.19 Care and Supply of Documents

(i) Each of the Contractor’s documents shall be in the custody and care of the Contractor,
unless and until taken over by the Authority. Unless otherwise stated in the
Agreement, the Contractor shall supply to the Authority 2 (two) copies of the each of
the Contractor’s documents.

(ii) The Contractor shall keep, on the Site, a copy of the Agreement, publication named in
the Authority’s requirements, the Contractor’s documents, and variations and other
communications given under the Agreement. The Authority’s personnel shall have the
right of access to all these documents at all reasonable times.

(iii) If a Party becomes aware of an error or defect of a technical nature in a document

which was prepared for use in executing the Works, the Party shall promptly give
notice to the other party of such error or defect.

27.20 Authority’s Use of Contractor’s Documents.

(i) 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.

(ii) The Contractor hereby gives to the Authority a non-terminable transferable

nonexclusive royalty-free license to copy, use and communicate the Contractor’s
Documents, including making and using modifications of them. This license shall:

(a) apply through out the actual or intended working life (whichever is longer) of
the 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
other places as envisaged by the Contractor, including replacements of any
computers supplied by the Contractor.

(iii) 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 Sub-Clause.

27.21 Contractor’s Use of Authority’s Documents

As between the Parties, the Authority shall retain the copyright and other intellectual
property rights in the Authority’s requirements 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 purpose of the Agreement. They shall not

138
 MPRDC Schedules to Concession Agreement

without the Authority’s consent, be copied, used or communicating to a third party by the
Contractor, except as necessary for the purposes of the Agreement.
27.22 Access to the Site by Others
The Contractor shall, at all times, afford access to the Site to the authorized
representatives of the Authority, the Authority’s Engineer and anyone else authorized by
the Authority to access the site and to the persons duly authorized by any Governmental
Agency having jurisdiction over the Project, including those concerned with safety,
security or environmental protection to inspect the Project Highway and to investigate
any matter within their authority and upon reasonable notice, the Contractor shall
provide to such persons reasonable assistance necessary to carry out their respective
duties and functions with minimum disruption to the construction, operation and
maintenance of the Project Highway consistent with the purpose for which such persons
have gained such access to the Site.

27.23 Term
This Agreement shall come into force and effect from the date first hereinabove written
and shall remain in force and effect till the Termination Date i.e. the Parties perform all
their respective obligations or is terminated by any of the Parties for the reasons and in
the manner provided for in the Agreement.
27.24 Amendments

The Agreement may not be supplemented, amended, modified or changed except by an

instrument in writing signed by the Contractor and the Authority and expressed to be a
supplement, modification or change to the Agreement .
27.25 Representation and Bribes
The Contractor represents and warrants to the Authority that:

(a) No representation or warranty by the Contractor contained herein or in any

other document furnished by it to the Authority, or to any Governmental
Instrumentality in relation to Applicable Permits contains or will contain any untrue
statement of material fact or omits or will omit to state a material fact necessary to
make such representation or warranty not misleading; and
(b) It warrants that no sums, in cash or kind, have been paid or will be paid by or on
behalf of the Contractor, to any person by way of fees, commission or otherwise for
securing or entering into the Contractor for influencing or attempting to influence
any officer or employee of the Authority or GOI in connection therewith.
27.26 No Agency
The Agreement does not constitute either Party as the agent, partner or legal representative of the
other for any purposes whatsoever, and neither Party shall have any express or implied right or
authority to assume or to create any obligation or responsibility on behalf of or in the name of the
other Party.

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SCHEDULES

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SCHEDULE-A
(See Clause 2.1 and 8.1)

SITE OF THE PROJECT HIGHWAY

1 THE SITE
1.1 Site of the Two-Lane with PS Project Highway 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 10.3.1
of this Agreement.
1.4 The alignment plans of the Project Highway are specified in Annex-III. In the case of sections
where no modification in the existing alignment of the project highway is contemplated, the
alignment plans have not been provided. Alignment plans have been given for Project Highway.
The proposed profile of the project highway as indicated in the Annex-III shall be followed by the
contractor with minimum FRL as indicated in the alignment plan. Based on Standard &
Specification and site/design requirement, the Contractor shall improve/upgrade upon the
alignment plans and profiles as indicated in Annexure – III 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.

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Annex - I
(Schedule-A)
Site for Two-Lanning
1. The Site
The Project road is a part of NH-12A connecting Barela to Mandla. The Project road is the stretch
between Barela to Mandla, total length 63.55 Km. The Project starts from Ch. 21.850andend on Mandla
Bypass at Ch. 85.400.The project road is 2 lane average carriageway of 7.0m with 1.5mPaved shoulder,
which has been planed for “ Two lanning with paved shoulder” (the “Project’’) through EPC mode.
The land, carriageway and structures comprising the site are described below. Existing length of Project
is 63.55 Km.
1.1 Referencing System
Kilometer stones are existing in entire length of the project highway. It is called the “Existing
Chainage”. During topography survey with Total Station, observations made are referred to “Design
Chainage”. The relationship between the “Existing Chainage” and the “Design Chainage” as per field
surveys of the location of existing km stones using the Total Station for the “Project Highway” is given
at Appendix A-I. Total design length is 63.55 Km.
2. Land
The Site of the Project Highway comprises the land described below:
Length Width of
Chainage
S.N, Existing
From To (Km) ROW (m)
1 21.850 35.900 14.050 30
2 35.900 40.050 4.150 30
3 40.050 47.950 7.900 30
4 47.950 48.125 0.175 80
5 48.125 49.800 1.675 30
6 49.800 60.050 10.250 30
7 60.050 65.750 5.700 30
8 65.750 68.500 2.750 60
9 68.500 70.625 2.125 30
10 70.625 70.825 0.200 80
11 70.825 71.250 0.425 30
12 71.250 71.350 0.100 60
13 71.350 78.000 6.650 30
14 78.000 85.400 7.400 30
Total 63.55
3. Carriageway
3.1 The carriageway of the project highway is mostly Two lane. The type of the existing pavement is
mainly rigid pavement.
3.2 Executed work : -
3.2.1 The status of road works of the Project Highway is as under-

DBM BC
Lengt PQC DLC GSB
Earth Work (only on (only on
From To Remark
h slip road ) slip road )
300 mm 150 mm 150 mm 500 mm 50 mm 30 mm
NR: Not
21+850 22+000 850 Completed Completed Completed completed NR NR required
22+000 23+000 1000 Completed Completed Completed completed NR NR

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DBM BC
Lengt PQC DLC GSB Earth Work (only on (only on
From To Remark
h slip road ) slip road )
300 mm 150 mm 150 mm 500 mm 50 mm 30 mm
23+000 24+000 1000 Completed Completed Completed Completed NR NR
24+000 25+000 1000 Completed Completed Completed Completed NR NR
25+000 26+000 1000 Completed Completed Completed completed NR NR
26+000 27+000 1000 Completed Completed Completed Completed NR NR
27+000 28+000 1000 Completed Completed Completed Completed NR NR
28+000 29+000 1000 Completed Completed Completed Completed NR NR
29+000 30+000 1000 Completed Completed Completed Completed NR NR
30+000 31+000 1000 Completed Completed Completed Completed NR NR
31+000 32+000 1000 Completed Completed Completed Completed NR NR
32+000 33+000 1000 Completed Completed Completed Completed NR NR
33+000 34+000 1000 Completed Completed Completed Completed NR NR
34+000 35+000 1000 Completed Completed Completed Completed NR NR
35+000 36+000 1000 Completed Completed Completed Completed NR NR
36+000 36+100 100 Completed Completed Completed Completed NR NR
Higna Bridge
36+100 36+150 50 - - - - - - (MNB)
36+150 37+000 850 Completed Completed Completed Completed NR NR
37+000 38+000 1000 Completed Completed Completed Completed NR NR
38+000 39+000 1000 Completed Completed Completed Completed NR NR
39+000 40+000 1000 Completed Completed Completed Completed NR NR
40+000 41+000 1000 Completed Completed Completed Completed NR NR
41+000 42+000 1000 Completed Completed Completed Completed NR NR
42+000 43+000 1000 Completed Completed Completed Completed NR NR
43+000 43+870 870 Completed Completed Completed Completed NR NR
43+870 43+879 9 - - - - - - MNB
43+879 44+725 846 Completed Completed Completed Completed NR NR
44+725 44+738 13 - - - - - - MNB
44+738 46+000 1262 Completed Completed Completed Completed NR NR **
46+000 47+000 1000 Completed Completed Completed Completed NR NR **
47+000 48+000 1000 Completed Completed Completed Completed NR NR **
48+000 49+000 1000 Completed Completed Completed Completed NR NR **
49+000 50+000 1000 Completed Completed Completed Completed NR NR **
50+000 50+310 1000 Completed Completed Completed Completed NR NR **
50+310 50+410 120 Completed Completed Completed completed Balanced Balanced **
50+430 50+446 16 - - - - - - MNB
50+446 50+574 128 Balanced Completed Completed completed Balanced Balanced
50+560 50+575 15 - - - - VUP **
50+574 50+810 234 Balanced Balanced Balanced Balanced Balanced Balanced
50+810 50+860 50 Balanced Balanced Completed completed NR NR **
50+860 51+000 140 Completed Completed Completed Completed NR NR **
51+000 52+000 1000 Completed Completed Completed Completed NR NR **
53+000 54+000 1000 Completed Completed Completed Completed NR NR **
54+000 55+000 1000 Completed Completed Completed Completed NR NR
55+000 56+000 1000 Completed Completed Completed Completed NR NR
56+000 56+350 350 Completed Completed Completed Completed NR NR
56+350 56+500 150 - - - - - - MJB
57+500 58+000 1500 Completed Completed Completed Completed NR NR
58+000 59+000 1000 Completed Completed Completed Completed NR NR

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DBM BC
Lengt PQC DLC GSB Earth Work (only on (only on
From To Remark
h slip road ) slip road )
300 mm 150 mm 150 mm 500 mm 50 mm 30 mm
59+000 59+896 896 Completed Completed Completed Completed NR NR
59+896 59+904 8 - - - - - - MNB
59+904 61+000 1096 Completed Completed Completed Completed NR NR
61+000 62+000 1000 Completed Completed Completed Completed NR NR
62+000 63+000 1000 Completed Completed Completed Completed NR NR
63+000 64+000 1000 Completed Completed Completed Completed NR NR **
63+075 63+120 45 - - - - - - MNB
63+120 64+000 880 Completed Completed Completed Completed NR NR
64+000 65+000 1000 Completed Completed Completed Completed NR NR **
65+000 65+280 280 Completed Completed Completed Completed NR NR
65+280 65+300 20 - - - - - - MNB
65+300 66+647 1347 Completed Completed Completed Completed NR NR
66+647 66+655 8 - - - - - - MNB
66+655 68+000 1345 Completed Completed Completed Completed NR NR
68+000 68+855 855 Completed Completed Completed Completed NR NR
68+855 68+880 25 - - - - - - MNB
68+000 69+000 1000 Completed Completed Completed Completed NR NR
69+000 70+000 1000 Completed Completed Completed Completed NR NR
70+000 71+000 1000 Completed Completed Completed Completed NR NR MNB
71+000 72+049 1049 Completed Completed Completed Completed NR NR
72+049 72+114 65 - - - - - - MJB
72+114 73+000 886 Completed Completed Completed Completed NR NR
Truck lay
73+000 74+000 1000 Completed Completed Completed Completed NR NR
bye(LHS)
74+000 75+000 1000 Completed Completed Completed Completed NR NR
75+000 76+000 1000 Completed Completed Completed Completed NR NR
76+000 77+000 1000 Completed Completed Completed Completed NR NR
77+000 77+803 803 Completed Completed Completed Completed NR NR
77+803 77+894 91 - - - - - MJB MJB
Truck lay
77+894 79+000 1106 Completed Completed Completed Completed NR NR
bay (RHS
79+000 80+000 1000 Completed Completed Completed Completed NR NR
80+000 81+000 1000 Completed Completed Completed Completed NR NR
81+000 82+000 1000 Completed Completed Completed Completed NR NR
82+000 83+000 1000 Completed Completed Completed Completed NR NR
83+000 84+000 1000 Completed Completed Completed Completed NR NR
84+000 85+000 1000 Completed Completed Completed Completed NR NR
85+000 85+400 400 Completed Completed Completed Completed NR NR
Total executed length in
63.100 63.100 63.324 63.324
km
Note :-
 ** Granular shoulder is balance to be constructed
 From ch: 50+310 to 50+810 BHS slip road at VUP to be constructed.
 The above-mentioned details/ Length of layers of partially constructed highway are indicative.
Contractor shall do their own survey & assessment for balance construction work and work
shall be constructed as per site requirement for completion of Two laningwith paved shoulder

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of Highway in accordance with Manual referred to in Annexure-I to Schedule-D. No positive

Change of Scope shall be applicable in this regard.

3.2.2 Following Stretches executed work mentioned below has been damaged:

3.2.3 Following PQC panels of executed work mentioned below has been damaged:
No of panels Area in sqm (Badly Damaged
Sno. Remedial action Remarks
cracked panel)
Remove full depth of
1 panel : 3.5 x
1 1200 15.75 x 1200 = 18900Sqm panel and replaced it as
4.5 = 15.75 Sqm
per IRC :SP: 83- 2018
2 409m 409 x 4 = 1636m Repair by stitching -
3 203m 1055m Repair by epoxy -
Note:
 The above-mentioned details/ Length of PQC executed work is badly damaged highway are indicative.
Contractor shall do their own survey & assessment for reconstruction of required layers and work shall
be constructed as per site requirement for completion of Two Lanning of Highway according to Manual
of specifications & standards for EPC road projects published by IRC:SP:73-2009 referred .

4. Major Bridges
The Site includes three Major Bridges with work status as under:
Existing
Existing Details of Proposed Status of repair
S. No. Chainage Structure
Width (mt.) Structure Span work
(Km.)
1 56.371 7.5 RCC BOX Girder 4 x 37.50 No work
2 72.049 7.5 RCC BOX (2 x 10)- (1 x 32)- (2 x
No work
Girder 6)
3 77.803 7.5 RCC BOX (2 x 32)- (1 x 27)
No work
Girder
Note: -
As per clause 7.22 of the manual, Repair/replacement of damage railing and
parapets, provision of crash barriers, Replacement of wearing coat , expansion joint,
bearings, structural repairs to substructure / Super structure, Repair to flooring and
protection works and any other treatment as per site requirement.
5. Road over-bridges (ROB) 5Nos./ Road under-bridges (RUB)-1Nos.
The site includes the following ROB (road over railway line)/ RUB (road under railway line)
Tentative Status of
Name Design Carriageway
Sr. Span Formation executed work
of Chainage Foundation way width
No. arrangement width (m)
Stream in Km. (m)
(m) LHS RHS
1 Nil
6 Grade separators - NIL
The site includes the following Grade Separators:
Type of Structure
No. of Spans with span Width (m)
SI. No. Chainage(km)
Foundation Superstructure length (m)

NIL
7 Minor bridges – 10 Nos.
The Site includes the following minor bridges:

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Sr Details of
. Existing Existing Type of Total
Executed work
No Chainage structure Structure Width (m)
. Span
RCC Box Retained, rehabilitation & repair
1 36+100 2 x 25 11.00
Girder work is balance
Retained, rehabilitation & repair
2 43+870 1x9 Solid slab 9.00
work is balance
Retained, rehabilitation & repair
3 44+725 3 x 4.5 RCC Box 11.00
work is balance
Completed except protection
4 50+418 1 x 15 Solid slab 12.00
work
5 59+896 1x8 Solid slab 12.00 Completed except protection work
RCC Box Retained, rehabilitation & repair
6 63+075 2 x 22.5 7.5
Girder work is balance
7 66+647 1x8 Solid slab12.00 Completed except protection work
8 65+280 1 x 20 Solid slab12.00 Completed except protection work
9 68+903 1 x 25 Solid slab12.00 Completed except protection work
10 70+375 1x8 Solid slab12.00 Completed except protection work
Note:
 The above mentioned existing Minor Bridges are partially constructed as mentioned in this schedule
are indicative. Contractor shall do their own survey & assessment for balance construction
work/repair work of the above Bridges and shall be constructed as per Schedule B & Manual
Schedule D. No Change of Scope shall be applicable.
8 RCC Retaining wall: - NIL
9 Vehicular Underpass: -01 Numbers
The Site includes the following Vehicular Under Passes:
Design Details of Existing Type of
Sr. No. Total Width (m) Executed work
Chainage structure Span Structure
Structure completed up to Top
Two lane standard Slab. Approached, slip roads,
1 50+560 1 x 15 VUP
(1 x 12 m) safety items still to be
completed.
Note:
 The above mentioned VUP is partially constructed. The above mentioned status of VUP in this schedule
are indicative. Contractor shall do their own survey & assessment for balance construction work of the
above VUP in all respect and shall constructed as per Schedule B & Manual Schedule D referred to in
Annexure-I. No change of scope shall be applicable.
 Pedestrian Vehicular Underpass (PUP): - NIL
No. x Minimum Scope of work
Design
SI. Span / Vertical
Chainage Location
No. Opening Clearance LHS RHS
Km.
(m.) (m)
1 NIL
10 Culverts: -
The Site has the following existing Pipe / Slab / Box culverts:
10.1 Box Culvert – 28 Nos.
Design Details of
Sr. No. Type of Structure Total Width (m) Executed work
Chainage Structure Span
Work completed, protection work
1 25+800 2 x 3.0 x 3.0 Box culvert 12.00
is balance

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Design Details of
Sr. No. Type of Structure Total Width (m) Executed work
Chainage Structure Span
Work completed, protection work
2 28+460 3 x 2.0 x 2 Box culvert 12.00
is balance
Work completed, protection work
3 31+090 2 x 3.0 x 3.0 Box culvert 12.00
is balance
Work completed, protection work
4 31+730 2 x 3.0 x3.0 Box culvert 12.00
is balance
Work completed, protection work
5 32+120 2 x 3.0 3.0 Box culvert 12.00
is balance
Work completed, protection work
6 33+110 2 x 3.0 x3.0 Box culvert 12.00
is balance
Work completed, protection work
7 43+710 2 x 2.0 x 2.0 Box culvert 12.00
is balance
Work completed, protection work
8 44+258 2 x 3.0 x3.0 Box culvert 12.00
is balance
Work completed, protection work
9 46+570 2 x 3.0 x3.0 Box culvert 12.00
is balance
Work completed, protection work
10 46+960 2 x 2.0 x 2.0 Box culvert 12.00
is balance
Work completed, protection work
11 48+115 2 x 2.0 x 2.0 Box culvert 12.00
is balance
Work completed, protection work
12 48+277 2x2x 2 Box culvert 12.00
is balance
Work completed, protection work
13 48+390 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
14 48+533 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
15 48+718 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
16 49+281 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
17 49+417 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
18 49+533 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
19 49+624 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
20 49+696 2x2x2 Box culvert 12.00
is balance
Work completed, protection work
21 49+925 2x2x2 Box culvert 12.00
is balance
Box culvert Work completed, protection work
22 51+195 2x2x2 12.00
is balance
Box culvert Work completed, protection work
23 65+455 2x2x2 12.00
is balance
Box culvert Work completed, protection work
24 65+680 2x3x3 12.00
is balance
Box culvert Work completed, protection work
25 66+252 2x3x3 12.00
is balance
Box culvert Work completed, protection work
26 67+397 1 x 5 x5 12.00
is balance

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Design Details of
Sr. No. Type of Structure Total Width (m) Executed work
Chainage Structure Span
Box culvert Work completed, protection work
27 68+620 2x2x2 12.00
is balance
Work completed, protection work
28 70+608 2 x 2 x2 Box culvert 12.00
is balance
Note:
 The above mentioned culverts are partially constructed as mentioned above. The status of culverts are
indicative. Contractor shall do their own survey for assessment of balance construction work of the
above culverts and shall construct is all respect as per Schedule B & Manual referred to in Annexure-I
to Schedule-D. No Change of Scope shall be applicable.
10.2 Hume Pipe Culvert: 133 Nos.
Sr. Design Type of Details of Width Executed work
No. Chainage Structure Structure
Span
1 22+070 HPC 1X1000 12m Completed
2 22+777 HPC 1X1200 12m Completed
3 23+000 HPC 1X1200 12m Completed
4 23+560 HPC 1 x 900 12m Completed
5 24+140 HPC 1X1000 12m Completed
6 24+370 HPC 1X1000 12m Completed
5 24+517 HPC 1X1200 12m Completed
6 24+677 HPC 1X1000 12m Completed
7 24+794 HPC 1X1000 12m Completed
8 25+048 HPC 1X1000 12m Completed
9 25+802 HPC 1 x 1200 12m Constructed except protection work
9 26+854 HPC 1X1200 12m Completed
10 27+500 HPC 1X1000 12m Completed
11 27+720 HPC 1X1200 12m Completed
12 29+369 HPC 2X1200 12m Completed
13 29+578 HPC 2X1200 12m Completed
14 29+971 HPC 1X1200 12m Completed
15 30+465 HPC 2X1200 12m Completed
16 31+365 HPC 1X1000 12m Completed
17 32+868 HPC 1X1000 12m Completed
18 32+415 HPC 1 x 1200 12m Constructed except protection work
18 32+972 HPC 1X1200 12m Completed
19 33+630 HPC 1X1200 12m Completed
20 33+900 HPC 2X1200 12m Completed
21 34+172 HPC 2X1200 12m Completed
22 34+620 HPC 1 x 900 12m Completed
23 34+912 HPC 1 x 900 12m Completed
24 36+700 HPC 2X1200 12m Completed
25 36+955 HPC 1X1000 12m Completed
26 37+220 HPC 1X100 12m Completed
27 37+330 HPC 1X1000 12m Completed
28 37+605 HPC 1X1000 12m Completed

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Sr. Design Type of Details of Width Executed work

No. Chainage Structure Structure
Span
29 37+770 HPC 1X1000 12m Completed
30 38+090 HPC 1X1000 12m Completed
31 39+683 HPC 1 x 900 12m Constructed except protection work
32 39+921 HPC 2X900 12m Completed
33 40+158 HPC 1X1200 12m Completed
34 39+940 HPC 1X1200 12m Constructed except protection work
35 40+267 HPC 1X1000 12m Completed
36 40+280 HPC 1 x 1000mm 12m Constructed except protection work
37 40+370 HPC 1 x 1000 12m Constructed except protection work
38 40+366 HPC 1X1000 12m Completed
39 41+878 HPC 2X1200 12m Completed
40 42+094 HPC 1 x 900 12m Completed
41 42+237 HPC 2X1200 12m Completed
42 42+403 HPC 2X1200 12m Completed
43 42+505 HPC 1X1000 12m Completed
44 42+567 HPC 2X1200 12m Completed
45 42+805 HPC 2X1200 12m Completed
46 43+234 HPC 1X1200 12m Completed
47 43+308 HPC 1X1000 12m Completed
48 43+540 HPC 1 x 1000 12m Constructed except protection work
49 43+523 HPC 1X1000 12m Completed
50 45+161 HPC 1X1000 12m Completed
51 45+969 HPC 2X1000 12m Completed
52 46+089 HPC 1X1000 12m Completed
53 47+623 HPC 1X1000 12m Completed
54 47+860 HPC 1X1000 12m Completed
55 50+780 HPC 1X1000 12m Completed
56 50+877 HPC 1X1000 12m Completed
57 50+935 HPC 1 x 1000 12m Constructed except protection work
58 50+945 HPC 1X1000 12m Completed
59 50+960 HPC 1 x 1000 12m Constructed except protection work
60 40+200 HPC 1 x 1200 12m Constructed except protection work
61 40+460 HPC 1 x 1200 12m Constructed except protection work
62 42+403 HPC 1X1000 12m Completed
63 42+567 HPC 1X1000 12m Completed
64 42+805 HPC 1X1000 12m Completed
65 43+250 HPC 1 x 1200 12m Constructed except protection work
66 46+360 HPC 1 x 1200 12m Constructed except protection work
67 47+710 HPC 1 x 1200 12m Constructed except protection work
68 47+694 HPC 1X1200 12m Completed
69 49+130 HPC 1 x 1200 12m Constructed except protection work
70 51+390 HPC 1 x 1200 12m Constructed except protection work
71 47+710 HPC 1 x 1200 12m Constructed except protection work
72 48+115 HPC 1 x 1200 12m Constructed except protection work
73 49+130 HPC 1 x 1200 12m Constructed except protection work
74 51+378 HPC 1 x 1200 12m Completed
75 51+750 HPC 1X1000 12m Completed

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Sr. Design Type of Details of Width Executed work

No. Chainage Structure Structure
Span
76 43+530 HPC 1 x 1000 12m Constructed except protection work
77 50+935 HPC 1 x 1000 12m Constructed except protection work
78 50+960 HPC 1 x 1000 12m Constructed except protection work
79 52+740 HPC 1X1000 12m Completed
80 53+685 HPC 1X1000 12m Completed
81 53+905 HPC 1X1000 12m Completed
82 54+090 HPC 1X1000 12m Completed
83 54+215 HPC 1X1000 12m Completed
84 54+330 HPC 1X1000 12m Completed
85 54+605 HPC 1X1000 12m Completed
86 55+585 HPC 1 x 1200 12m Constructed except protection work
87 57+435 HPC 1 x 1200 12m Completed
88 57+737 HPC 1 x 1200 12m Completed
89 59+078 HPC 1 x 1200 12m Completed
90 59+270 HPC 1 x 1200 12m Constructed except protection work
91 60+570 HPC 1 x 1200 12m Constructed except protection work
92 60+655 HPC 1 x 1200 12m Constructed except protection work
93 60+740 HPC 1 x 1200 12m Constructed except protection work
94 60+833 HPC 1 x 1200 12m Constructed except protection work
95 61+223 HPC 1X1200 12m Completed
96 62+025 HPC 1 x 1200 12m Completed
97 62+190 HPC 1 x 1200 12m Completed
98 62+350 HPC 1 x 1200 12m Completed
99 61+517 HPC 1X1200 12m Completed
100 62+635 HPC 1 x 1200 12m Constructed except protection work
101 62+725 HPC 1 x 1200 12m Constructed except protection work
102 66+060 HPC 1 x 1200 12m Constructed except protection work
103 67+450 HPC 1 x 1200 12m Constructed except protection work
104 67+950 HPC 1 x 1200 12m Constructed except protection work
105 68+100 HPC 1 x 1200 12m Constructed except protection work
106 69+475 HPC 1 x 1200 12m Constructed except protection work
107 70+820 HPC 1 x 1200 12m Constructed except protection work
108 71+200 HPC 1X1200 12m Completed
109 71+332 HPC 1 x 1000 12m Constructed except protection work
110 71+790 HPC 1 x 1200 12m Constructed except protection work
111 71+940 HPC 1 x 1200 12m Constructed except protection work
112 72+405 HPC 1 x 1200 12m Constructed except protection work
113 74+070 HPC 1 x 1200 12m Constructed except protection work
114 74+135 HPC 1 x 1200 12m Completed
115 74+556 HPC 1 x 1200 12m Constructed except protection work
116 74+605 HPC 1 x 1200 12m Completed
117 75+200 HPC 1 x 1200 12m Constructed except protection work
118 76+454 HPC 1X1000 12m Completed
119 76+390 HPC 1 x 1000 12m Constructed except protection work
120 76+710 HPC 1 x 1000 12m Constructed except protection work
121 77+535 HPC 1 x 1200 12m Completed
122 78+125 HPC 1 x 1200 12m Completed
123 79+125 HPC 1 x 1200 12m Completed

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Sr. Design Type of Details of Width Executed work

No. Chainage Structure Structure
Span
124 79+325 HPC 1 x 1200 12m Completed
125 80+300 HPC 1 x 1200 12m Constructed except protection work
126 80+350 HPC 1 x 1200 12m Completed
127 80+910 HPC 1 x 1200 12m Constructed except protection work
128 80+970 HPC 1 x 1200 12m Completed
129 81+245 HPC 1X1000 Completed
130 81+420 HPC 1 x 1200 12m Completed
131 82+200 HPC 1 x 1200 12m Constructed except protection work
132 82+275 HPC 1 x 1200 12m Completed
133 83+545 HPC 2X1200 12m Completed
Note:
 The above mentioned existing culverts are partially constructed as mentioned in this schedule. Status
mentioned above is indicative. Contractor shall do their own survey & assessment for balance
construction work of the above culverts and shall construct in all respect as per Schedule B & Manual
referred to in Annexure-I to Schedule-D. No Change of Scope shall be applicable.
11. Bus bays
The details of bus bays on the Site are as follows:
SI. Chainage
No. Location Km Design Ch+ Name of Village/Town
NIL
12. Truck Lay byes: -
The details of Truck lay byes on the Site are as follows:
SNo. Location Km Design Ch. Remarks
1
Nil Nil Nil

13. A) Road side drains in Built up Area: -

Location
Executed
SI. No Linear Built-up
From Km To Km Side Work Status
Length (m) area

1 25+800 27+000 LHS 1.2 Udaipur

2 25+800 27+000 RHS 1.2
3 34+600 35+600 LHS 1.00 In place of
Bijadandi 8400, 8270m
4 34+600 35+600 RHS 1.00
5 44+725 44+795 LHS 0.07 drain has
6 44+805 45+000 LHS 0.195 been
Kalpi constructed,
7 44+725 44+785 RHS 0.06
130m length
8 44+805 45+000 RHS 0.195 is balance.
9 74+150 75+700 RHS 1.55 Gwari
10 81+750 82+950 LHS 1.2
11 81+750 82+350 RHS 0.6 Tindni
Total 8.27
B) RCC drain along the service road.
RCC rectangular drain with 1.5 meter wide and depth as per hydraulic design or minimum 1.0 meter
deep shall be provided in the following location:- NIL

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14. Major junctions:-03 numbers

The details of major junctions are as follows:
SI. Design Surface Category of cross road status
At Grade
No. Chainage Km Type NH SH MDR Others
1 53+630 PQC Y MDR Completed
2 77+200 PQC Y MDR except road
MDR marking and
3 85+400 PQC Y signs.
(NH: National Highway, SH: State Highway, MDR: Major District Road, PMGSY:Pradhan Mantri Garmin
Sadak Yojana.)
15. Minor junctions: -5 Nos.
A. The details of minor junctions are as follows:
Surface Status
Location
Sr. Type of Type of Road
of Design Type of Junction Remark
No Connecting (NH\SH\MDR\ODR\VR)
Chainage
Road
1 37+000 PQC T VR Minor Juctions Completed
2 44+450 PQC T VR Minor Juctions except
3 53+630 PQC Y VR Minor Juctions road
4 68+150 PQC T VR Minor Juctions marking
5 81+550 PQC T VR Minor Juctions and signs.
(NH: National Highway, SH: State Highway, MDR: Major District Road, PMGSY:Pradhan Mantri Garmin
Sadak Yojana. VR: Village Road)
16. Other junction:
S. Location of Type of Major/
No Intersection Intersecti Other Minor
. (Design on features Junctions
Chainage)
1. 22.460 T Dobhi Other
2. 25.310 T Jamunia Other
3. 25.840 T Factory Road Other
4. 27.040 T Nerpani Other
5. 31.170 T - Other
6. 31.275 T Nagaraksha Other
7. 33.920 T Ghughri Other
8. 40.725 T Khusar Other
9. 45.025 T Khutseda Other
10 50.100 T Kuramaily Other
11. 50.560 T Chargaon Other
12. 51.400 T Kachari Other
13. 53.575 T Maangaow Other
14. 53.790 T Patehra Other
15. 55.680 T Shankar Ganj Other
16. 55.680 T Tonarryaga Other
nj
17. 56.480 T Khairi Other
18. 56.525 T Maghigaon Other
19. 57.525 T Chamarva Other
20. 59.475 T Kumha Other
21. 61.600 T Barbaspur Other
22. 61.625 T Vhiri Other
23. 63.000 T Amdara Other

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S. Location of Type of Major/

No Intersection Intersecti Other Minor
. (Design on features Junctions
Chainage)
24. 64.390 Bhawel T Other
25. 66.725 SahajaniT Other
26. 68.225 Garhar Y Other
27. 68.810 T
Mangalgan Other
j
28. 68.890 T Mangalgan Other
j
29. 69.740 T Kondra Other
30 73.875 T Bakori Other
31. 74.680 T ---- Other
32. 78.275 Y ---- Other
33. 80.080 T Amatola Other
34. 83.750 T Tidni Other
35. 83.790 T ---- Other
36. 82.460 T KhairmaiM Other
andir
Note:- The above mentioned junctions (Major, Minor & others) shall be improved as per standard &
specifications of Schedule D by the contractor. No COS shall be applicable.
17. Toll Plaza-01.Nos

S No. Location Remarks

Note: 1 81+450 Partially constructed
 Above
toll plaza is partially constructed. Status mentioned above is indicative. Contractor shall do their own
survey & assessment for balance construction work of toll plaza and shall construct in all respect as
per Schedule B & Manual referred to in Annexure-I to Schedule-D. No Change of Scope shall be
applicable.

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Annex - II
(Schedule-A)
Dates for providing Right of Way
The dates on which the Authority shall provide Right of Way to the Contractor on different stretches of
the Site are stated below:
Length Width of Dates of
Chainage providing
S.N, Existing
From To (Km) ROW (m) ROW
1 21.850 35.900 14.050 30 On
2 35.900 40.050 4.150 30 Agreement
3 40.050 47.950 7.900 30 date
4 47.950 48.125 0.175 80
5 48.125 49.800 1.675 30
6 49.800 60.050 10.250 30
7 60.050 65.750 5.700 30
8 65.750 68.500 2.750 60
9 68.500 70.625 2.125 30
10 70.625 70.825 0.200 80
11 70.825 71.250 0.425 30
12 71.250 71.350 0.100 60
13 71.350 78.000 6.650 30
14 78.000 85.400 7.400 30
Total 63.55

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Annex – III
(Schedule-A)
Alignment Plans

The existing alignment of the Project Highway shall be modified as per the alignment plan indicated
below:
The proposed alignment of the Project Highway shall be as per enclosed plan. The proposed
profile of the Project Highway as indicated in this Annex shall be followed by the contractor with
minimum FRL as indicated in the alignment plan. Based onsite/design requirement and in compliance
to the Standard & Specification as per Schedule-D, the Contractor shall improve/upgrade upon the
alignment plans and profiles as indicated in this Annex and raise the finished roadway level (FRL) with
approval from the Authority’s Engineer within the available Right of Way and No Change of Scope
shall be applicable.
Alignment plan and profile prepared by previous Concessionaire and approved by IE are
enclosed herewith.

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Annex - IV
(Schedule-A)
Environment Clearances

The Environment clearances is not required as per MoEF notification.

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Appendix A-I
(Schedule A)

DESIGN CHAINAGE CORRESPONDING TO EXISTING CHAINAGE

The Chainage mentioned are the design Chainage on the proposed alignment of Project Highway.
Details of Realignment as per Schedule-A.

Length
Existing Chainage Design Chainage
S.N, Remark
From To (Km) From To
1 21.850 35.900 14.050 21.850 35.900
2 35.900 40.050 4.150 35.900 40.050
3 40.050 47.950 7.900 40.050 47.950
4 47.950 48.125 0.175 47.950 48.125 Forest
5 48.125 49.800 1.675 48.125 49.800
6 49.800 60.050 10.250 49.800 60.050
7 60.050 65.750 5.700 60.050 65.750
8 65.750 68.500 2.750 65.750 68.500 Forest
9 68.500 70.625 2.125 68.500 70.625
10 70.625 70.825 0.200 70.625 70.825 Forest
11 70.825 71.250 0.425 70.825 71.250
12 71.250 71.350 0.100 71.250 71.350 Forest
13 71.350 78.000 6.650 71.350 78.000
14 78.000 85.400 7.400 78.000 85.400
Total 63.55

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SCHEDULE - B
(See Clause 2.1)

Development of the Project Highway

1 Development of the Project Highway

Development of the Project Highway shall include design and construction of the Project
Highway as described in this Schedule-B and in Schedule-C.

2 Rehabilitation and augmentation

Rehabilitation and augmentation shall include [Two-Laning with paved shoulder] of the
Project Highway 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.

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Annex - I
(Schedule-B)

Description of Two-Laning with paved Shoulder

1 REHABILITATION, UPGRADATION & WIDENING OF THE EXISTING HIGHWAY

1.1 The Project Highway shall follow proposed existing alignment of the Project Highway from
Barela (Km 21+850) to Mandla (Km 85+400) section of NH-30. The existing and design
length of the Project Highway is 63.550 Km unless otherwise specified by the Authority and
shown in the approved plan and profile as enclosed to Annex III of Schedule-A. Geometric
deficiencies, if any, in the existing horizontal and vertical profiles shall be corrected as per
the prescribed standards of Schedule – ‘D’ for plain/rolling terrain, built-up area & stretches
in high hill cutting sections. Existing road construction status is shown in schedule ‘A’.
Proposed road shall be constructed as per development proposal mentioned in this Schedule
B from its existing level as shown in schedule ‘A’.

1.1(a) The Project Highway shall follow the existing alignment unless otherwise specified by the
Authority and shown in the approved plan and profile as enclosed to Annex III of Schedule-
A. Geometric deficiencies, if any, in the existing horizontal and vertical profiles shall be
corrected as per the prescribed standards for [plain/rolling] terrain to the extent land is
available. Notwithstanding anything to the contrary contained in this Agreement or
Manual, the proposed profile of the project highway as indicated in the Annex-III of
Schedule-A shall be deemed to be part of this Schedule-B and shall be followed the
Contractor with minimum FRL as indicated in the alignment plan. Based on
site/design requirement, the Contractor may, however, improve/upgrade upon the
alignment plans and profiles as indicated in Annexure – III of Schedule A and raise
the finished roadway level (FRL) with approval from the Authority’s Engineer within
the available Right of Way (ROW). Geometric deficiencies, if any, in the existing
horizontal and vertical profiles shall be corrected as per the prescribed standards for
plain terrain to the extent land is available.

1.1(b) Width of carriageway & design length.

The paved carriageway shall be 10 m wide. The design length of the project is 63.55 Km.

1.1(c) Except as otherwise provided in this agreement, but subject to the provision of Annex.-II
of this schedule- B, the width of the paved carriageway shall confirm to clause 1.1(b) above.
Development of the Project Highway shall include design and construction of the Project
Highway as described in this Schedule-B and in Schedule-C. The alignment plans of the
Project Highway are specified in Annex-III of Schedule A shall be deemed to be part of
this Schedule B. The proposed profile of the project highway as indicated in the Annex-
III of Schedule A shall be followed by the contractor with minimum FRL as indicated in
the alignment plan. Based on site/design requirement, the Contractor may, however,
improve/upgrade upon the alignment plans and profiles as indicated in Annexure – III
of Schedule A and raise the finished roadway level (FRL) with approval from the
Authority’s Engineer at his own cost within the available Right of Way. No change of

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scope shall be applicable in this regard.

DEVELOPMENT PROPOSAL

1.2.1 Two lane carriageway with paved shoulder shall be undertaken as per Schedule –B and Annex-
I of Schedule D.

1.2.2 Provided that in the built-up areas and Grade separated structures the carriageway width shall
be provided as indicated and referred to in Clause 2.11 of this Annex-I of Schedule-B and
Annex-I of Schedule D. At structure & its approaches the width of carriageway varies and shall
be provided as indicated and referred to in Clause 2.11 of this Annex-I of Schedule B and
Annex-I of Schedule-D.

1.2.3 Provided that the width shall be adjusted to fit into appropriate plans and cross sections
developed in accordance with Schedule-D to accommodate all the feature of two laning
describe herein.

1.2.4 Except as otherwise provided in this Agreement, but subject to provisions of Annex-I of this
Schedule-B, the width of the paved carriageway shall confirm to paragraph 1.2.1 above.

1.2.5 The entire cross-sectional elements shall be accommodated in the available/proposed ROW. If
required, suitable retaining structures shall be provided to accommodate the highway cross
section within the available/proposed ROW and the same 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.

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.

2.2 Design speed

The design speed shall be the minimum design speed of 100/80 km per hr .

2.3 Improvement of the existing road geometrics

Nil

Note: - Any deficient curve identified during construction shall also be improved as per schedule ‘D’,
which shall not be considered as change of scope.

2.4 Right of Way

The ROW available for the Project Highway shall be as given in Schedule 'A of the
Concession Agreement. The Authority would acquire the additional land required, if any.
Details of the Right of Way are given in Annex II of Schedule-A.

2.5 Type of shoulders

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(a) In built-up sections, footpaths/fully paved shoulder shall be provided as per the Typical
Cross Section.

(b) In open country, paved shoulders of 1.5m width shall be provided as per the Typical Cross
Section and balance 1.00m width shall be covered with 150mm thick compacted layer of
granular material.

(c) Design and Specification of paved shoulders and granular material shall conform to the
requirement specified in paragraphs 5.10 and 5.11 of the Manual.

2.6 Lateral and vertical clearances at underpasses: -

2.6.1 Lateral and vertical clearances at underpasses and provision of guardrails/ crash barriers
shall be as per Manual as referred to in Annexure-I to Schedule-D.

2.6.2 Lateral Clearance: The width of the opening at the Underpass shall be as follows:-
A. Vehicular Underpass (VUP):-
Design No. x Span / Minimum Scope of work
SI.
Chainage Location Opening Vertical
No. BHS
Km. (m.) Clearance (m)
Main carriage way with Rigid pavement,
Wearing coat, Concrete Crash barrier,
1 50+560 Kudamaili 1x15 5.5
Slip road (All 4 quadrant), MS Railing,
Painting etc.

Note:
 The above mentioned existing VUP's are partially constructed. Contractor shall do their own
survey & assessment for balance construction work of the above VUP's and shall be
constructed as per Schedule B & Manual. No Change of Scope shall be applicable, if any
variation.
 The contractor have to conduct soundness test of completed structure.

B Light Vehicular Underpass (VUP):- NIL

2.7 Lateral and vertical clearances at overpasses: -

2.7.1 Lateral and vertical clearances at overpasses shall be as per paragraph 2.11 of the Manual.
Lateral clearance: the width of the opening at the overpass shall be as follow: -

Design Location
S. No. Chainage Span Remark
arrangement
Nil

2.8 Service / Slip Roads

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Service /Slip Roads shall be constructed at the location and for the lengths indicated below-
(Refer Cl 2.12 of the Manual)

Start Design End Design Width of

Sr. Length RHS/LHS/Both
Built-up area Chainage Chainage service
No. (Km) Sides
(Km.) (Km) road (m)

1. Kudamaili village 50+300 50+800 2 x 0.500 BHS 7.00

Note:-
 Above length of service/slip road is indicative and minimum specified. The actual length
of service/slip road shall be determined by the Contractor in accordance with the manual
requirements with approval from the Authority’s Engineer.
 At grade junction below VUPs/LVUPs with service road in all four quadrants shall be
constructed as per the Manual.
 The entry/exit arrangement shall be as per Fig. 3.9 of manual
2.9 Grade separated structures
2.9.1 Grade separated structures shall be constructed as per paragraph 2.14 of the Manual. The
requisite particulars are given below:

Proposed span
Location of
S Design arrangement Total width of the
Location Intersecting Remark
No. Chainage Main Span (m) structure (m)
Roads
NIL

2.9.2 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: [Refer to paragraphs 2.14 of the Manual
and specify the type of vehicular underpass/ overpass structure and whether the cross road is
to be carried at the existing level, raised or lowered].

Cross road at
Sl. Type of structure
Location Existing Raised Lowered Remarks, if any
No. Length (m)
Level Level Level
NIL

2.10 Cattle and Pedestrian underpass /overpass: - Nil

Cattle Underpasses shall be constructed as per paragraph 2.14.3 & 2.13.4 of the Manual as
follow:-

Existing Design No. x Minimum Scope of Work

SI. Span / Vertical
Chainage Chainage Location
No. Opening Clearance LHS RHS
(Km) (km) (m.) (m)
Nil

Note:-
 The approaches to the grade separated structures/VUPs shall be constructed with RE

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wall/RCC retaining wall/ Toe Wall with friction slab and crash barriers on top of walls at
Grade Separator locations within Right of Way as per TCS and section 3 of Schedule “D”/
manual. The construction of Reinforced earth walls at all location in project highway shall be
done using RCC facia panel/CC blocks with adequate reinforcement as per standard and
specification IRC:SP:102:2014

2.11 Typical cross-sections of the Project Highway

The typical cross sections adopted for the project highway are given in this schedule B.

2.11.A- The chainage wise “scope of work* ” along with applicable typical cross section
are tabulated below:-
* This also includes the reconstruction/ repaired of damaged previously executed
work details given in Para 2.11. C. further the scope of work of C.D.s / Structures and
other works are to be executed as mentioned separately in their respective Paras.

Kilometer Scope of work

Length DBM BC (only Remark

(only on on
PQC DLC GSB Earth Work
From To service service
road ) road )
300 mm 150 mm 150 mm 500 mm 50 mm 30 mm
21+850 36+000 14150 - - - - - - NR: Not required
36+000 36+100 100 - - - - - -
36+100 36+150 50 - - - - - - MNB
36+150 43+870 7720 - - - - - -
43+870 43+879 9 - - - - - - MNB
43+879 44+725 846 - - - - - -
44+725 44+738 13 - - - - - - MNB
44+738 45+000 262 - - - - - - ** Fig-2.6
45+000 47+950 2950 - - - - - - ** Fig-2.6
47+950 48+125 175 - - - - - - High Hill Cutting Fig-2.5
48+125 50+310 2185 - - - - - - ** Fig-2.6
50+310 50+430 120 300 150 150 - 50 30 ** Fig-2.6
50+430 50+445 15 - - - - - - MNB
50+445 50+560 115 300 150 150 - 50 30 ** Fig-2.6
50+560 50+575 15 - - - - - - VUP
50+575 50+800 225 300 150 150 500 50 30 ** Fig-2.6
50+800 53+700 2900 - - - - - - ** Fig-2.6
53+700 56+350 2650 - - - - - -
56+350 56+500 150 - - - - - - MJB
56+500 59+896 3396 - - - - - -
59+896 59+904 8 - - - - - - MNB
59+904 63+075 3171 - - - - - -
63+075 63+120 45 - - - - - - MNB
63+120 65+000 1880 - - - - - -
65+000 65+280 280 - - - - - -
65+280 65+300 20 - - - - - -
65+300 65+750 450 - - - - - -
65+750 65+850 100 - - - - - - High hill cutting Fig-2.5
65+850 66+647 797 - - - - - -
66+647 66+655 8 - - - - - - MNB
66+655 68+855 2300 - - - - - -

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Kilometer Scope of work

Length DBM BC (only Remark

(only on on
PQC DLC GSB Earth Work
From To service service
road ) road )
300 mm 150 mm 150 mm 500 mm 50 mm 30 mm
68+855 68+880 25 - - - - - - MNB
68+880 70+625 1745
70+625 70+825 200 - - - - - - High hill cutting Fig-2.5
70+825 71+250 425 - - - - - -
71+250 71+350 100 - - - - - - High hill cutting Fig-2.5
71+350 72+049 699 - - - - - -
72+049 72+114 65 - - - - - - MJB
72+114 73+210 1096 - - - - - -
73+100 73+400 300 - - - - - - Truck Lay bay (LHS)
73+310 77+803 1000 - - - - - -
77+803 77+894 91 - - - - - - MJB
77+894 78+150 256 - - - - - -
78+150 78+450 300 - - - - - - Truck Lay bay (RHS)
78+450 85+400 7000 - - - - - -
Total executed length in km 63.100 63.100 63.324 63.324 1.00 1.00

Note:-

 ** Granular Shoulder balance to be constructed.

 *** Filling/ Highway work with slip / service road to be constructed.

 The above-mentioned composition and thickness pavement courses of partially constructed/not
constructed sections are indicative only. Contractor shall do its own design for new
construction/reconstruction/overlay as per Manual after ascertaining condition and quality of
pavement courses constructed in full/part with the rider that it will be designed for minimum
300mm PQC. No positive Change of Scope shall be applicable.

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Typical Cross Section

Fig-
2.6

Typical cross section - 1

(Built-up area)
2-lane with 2.5m paved shoulder with CC drain on both sides

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Fig-2.5 (Modified)
Typical cross section
(Mountainous terrain)
2-lane carriageway with 1.5m paved shoulder on both sides

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Fig-2.3 (Modified)

Fig-2.7

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2.11. C -Following number of panels badly damaged and re- constructed as mentioned below: -
No of panels Badly Area in sqm (Badly
Sno. Remedial action Remarks
Damaged Damaged panel)
Remove full depth of panel
1 panel : 3.5 x
1 1200 15.75 x 1200= 18,900 and replaced it as per IRC
4.5 = 15.75 Sqm
:SP: 83- 2018
2 409 RMT - Rectification by Stitching
3 203 RMT - Rectification by Epoxy

4. Contractor shall improve the riding quality of the executed PQC work by following measures:-
Sr. No. Width DBM BC Remark
1 10m Profile 40mm in minimum After 40mm BC, Contractor shall
correction length of 31.15 Km match the level of shoulder with
course top surface of carriageway.

5. Contractor shall strengthen following stretches of the existing road as follows:-

Sr. No. From To Length Width GSB WMM CGPS/MSS
1 47.750 48.150 0.400 7m 150mm 250mm 20mm
2 50.200 50.800 0.600 7m 150mm 250mm 20mm
3 70.550 71.050 0.500 7m 150mm 250mm 20mm
1.500

Note:
 Contractor shall do its own design for new construction/reconstruction as per Manual after
ascertaining condition and quality of pavement courses constructed in full/part with the rider
that it will be designed for minimum 300mm PQC. No positive Change of Scope shall be
applicable.
 Contractor shall do the NSV survey of executed work at his own cost for conformity of riding
quality not less than 2200mm/ Km and accordingly shall rectify the PQC surface by
replacement/ repair of damaged PQC panel as per IRC specifications. No positive Change of
Scope shall be applicable.


3 INTERSECTIONS AND GRADE SEPARATORS

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.

1. At-grade intersections-

All intersection shall be as per Section 3 of the Manual. Existing intersections which are
deficient shall be improved to the prescribed standards.

Properly designed intersections shall be provided at the locations and of the types and
features given in the tables below:

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(i) Major Junction:-Nil

Sr. Design Chainage Surface Type of Road (NH\SH\MDR\ Type of

Width (m)
No (Km) Type ODR\VR\PMGSY) junction
1 Nil

(ii) Minor Junction:-Nil.

Location of Design Surface Type of Width Type of Type of Road
Sr. No Remark
Chainage Connecting Road (m) Junction (NH\SH\MDR\ODR\VR)
Nil

(iii)Other Junctions:-06
Sr. Design Type of Type of Width Side Surface Type of Joining
Link
No. Chainage (km) Junctions Intersection (m.) road Type road
1 22+460 T-Type T-Type 5.5 RHS Rigid Village road
2 25+310 T-Type T-Type 5.5 LHS Rigid Village road
3 25+840 T-Type T-Type 5.5 LHS Rigid Village road
4 66+725 T-Type T-Type 5.5 LHS Rigid Village road
5 74+680 T-Type T-Type 5.5 LHS Rigid Village road
6 73+620 T-Type T-Type 5.5 RHS Rigid Village road

4 ROAD EMBANKMENT AND CUT SECTION

(i) Balance Work to be done as per Clause 2.11 of the Schedule-B.

4.1 Raising of the existing road:-The vertical profile shall be revised at few locations for
construction from embankment and above due to flood. Locations are indicated below
(contractor shall identify other similar stretches during the construction period, if needed as
per site requirements. The same will not be considered as change of scope).

The below mentioned Chainage are indicative and profile shall be designed as per Standard & Specification and
Schedule D. The profile shall also be raised on the approaches to the proposed grade separated structures as per
Standard & Specification.

Chainage km
SI No. Chainage kmFrom Side Length mt. Remarks
To
NIL

5 PAVEMENT DESIGN
5.1 Pavement design shall be carried out in accordance with Section 5 of the Manual.
5.2 Type of pavement:
Rigid pavement shall be provided as per Clause 2.11(A) of this Schedule B. All final groove
cutting and filling of the debounding tape and epoxy filling of entire PQC road.
Flexible pavement shall be provided for service/ slip road as per Clause 2.8 of the Schedule B
and Bus bays and truck lay bye mentioned in the Schedule B.
5.3 Design requirements

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5.3.1 Design Period and strategy

Rigid pavement shall be provided for new pavements and reconstruction of the existing
road. Rigid pavement shall be designed for a minimum design period of 30 (Thirty) years.
Stage construction shall not be permitted. Minimum C.B.R. of subgrade should be 8%.

SI. Descripti Crust Composition of

No. on RigidPavement
1 PQC 300 mm
2 DLC 150 mm
3 GSB 150 mm
Total 600 mm

5.3.2 Service/Slip Road:- width of 7.00 m slip / service roads on all four Quadrants of VUP
shall be provided.

SI. Description Crust

No. Composition
1 BC 30 mm
2 DBM 50 mm
3 WMM 250 mm
4 GSB 150 mm
Total 480 mm

Notwithstanding anything to the contrary contain in this agreement or the manual, the
contractor shall design the pavement for main carriageway including paved shoulder for design traffic
of 1600 PCU.

5.4 Reconstruction / Bypass / Realignments Sections : NIL

6 ROADSIDE DRAINAGE
Drainage system including surface and subsurface drains for the Project Highway shall be provided as per
Section 6 of the Manual.

(A) RCC drain.

RCC rectangular drain with 1.5 meter wide and depth as per hydraulic design or
minimum 1.0 meter deep shall be provided in the following location:-

Total Length Length Balance to be Remarks

S. Start Design End Design
No.
Location Chainage (Km) Chainage (Km)
(Km) Completed constructed
Length (km)
1 Gajipur 84+200 84+330 0.130 0 130 RHS
2 Amatola 81+300 81+600 0.600 0 2 x 300 Both side
Total length 730 m 0 730 m

(B) PCC drain

PCC Trapezoidal drain with 1.0 meter top width & 0.5m bottom and depth as per
hydraulic design or minimum 0.6 meter deep shall be provided in the following
locations:-

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Start Design Chainage End Design Chainage Total Length (Km) Remarks
S. No.
(Km) (Km)
1 44+000 44+300 300 LHS
2 49+350 49+700 700 BHS
3 49+750 49+900 150 RHS
4 60+175 60+400 450 BHS
5 62+400 62+575 175 RHS
6 64+750 64+825 75 LHS
7 65+750 65+850 200 BHS
8 70+450 70+625 350 BHS
9 70+625 70+825 400 BHS
10 71+250 71+350 200 RHS
Total length 3000 m

(C) Chute drain.

Chute drain as per site requirement & hydraulic design shall be provided in slopes of
high embankment stretches as per manual.

Note- The above-mentioned Chainages and lengths are indicative. The side drains shall be suitably
extended to connect to the nearby cross drainage structures/natural drains. Above length of the
lined drains is indicative and minimum specified. The actual length of the lined drains shall be
determined by the Contractor in accordance with the Manual requirements with approval from
the Authority’s Engineer. Any increase in the length specified in this Clause of Schedule-B
shall not constitute a Change of Scope, save and except any variations in the length arising out
of a Change of Scope expressly under taken in accordance with the provisions of Article 13.
Unlined drain shall be provided in the balance locations as per manual requirements.

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 shall confirm to the cross sectional features and other details
specified therein.

7.1.2 Width of the carriageway of new major and minor bridges and structures shall be as per
Manual referred in to Annexure-I to Schedule-D as follows:

(a) New Minor bridges-

S. Name of Bridge at Km Tentative Span Carriageway Formation
No. Stream (Design Chainage) arrangement (m) Width(m) width
1 Nil

Note- Structures falling within the Service Road shall be constructed in full roadway width of Service
Road also and shall not be treated as Change of Scope.
7.1.3 The following structures shall be provided with footpaths:-

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SI. Name of Design Chainage in Tentative Span arrangement Type of

No. Stream Km. (m) Structure
NIL

7.1.4 All bridges shall be high-level bridges.

7.1.5 The following structures shall be designed to carry utility services specified in table
below: NIL

Span arrangement
Sr. No. (Design Chainage)Km. Type of Structure Remark
No. x Span
NIL

7.1.6 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 Manual.

7.2 Culverts
7.2.1 Overall width of all culverts shall be equal to the roadway width of the road on the said
locations. 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 culverts:
Refer to paragraph 7.3 (iii) of the Manual.

(A) RCC Box Culvert

The reconstruction of partially/fully constructed Box culverts shall be done as follows-
Scope of Balance Work
Details of Proposed Structure No. of
Sr. Formation (To be done as per Manual)
Span
No. Existing Design Type of width (m)
(m) LHS RHS
chainage Chainage Structure
1 Nil

Note :-
1 Contractor shall carry out testing of partially/ fully constructed work by previous Concessionaire
and accordingly complete all structures including all balance works, safety features, painting and
marking on structures, parapet walls & other ancillary works etc. according to Manual.

(B) Hume Pipe Culvert-

Sr. Details of Proposed Structure No. of Formation Scope of Balance Work
No. Span width (m) (To be done as Manual)
Existing Design Type of (m) LHS RHS
chainage Chainage Structure
Nil
1

Note :-
 Structures falling within the Service/Slip Road shall construct in full roadway width including
Service/Slip Road also and shall not be treated under Change of Scope.
 Contractor shall complete all structures including all balance works, safety features, painting

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and marking on structures, parapet walls etc. according to Manual.

 The above-mentioned Culverts are partially constructed as mentioned in this schedule are
indicative. Contractor shall do their own survey & assessment for balance construction work
and shall be constructed as per Schedule B / Manual referred to in Schedule-D. No positive
Change of Scope shall be applicable.

7.2.3 Widening of existing culverts

Following existing culverts shall be widened to four lane with paved shoulder upto roadway width of the Project
Highway as per the Typical cross section given in section 7 of the Manual.

Scope of
Details of Proposed Structure
Work
Existing No. of Formation width
Sr. No.
Chainage Design Type of Span (m)
LHS RHS
Chainage Structure

NIL

7.2.4 Additional new culverts:-

Additional new culverts shall be constructed as per particulars given in the table below:

(A) RCC Box Culvert –NIL

(B) Hume Pipe Culvert –NIL

Note-
 Structures falling within the Service/Slip Road shall be constructed in full roadway width
including Service/Slip Road also and shall not be treated under Change of Scope.
 Contractor shall complete all structures including all balance works, safety features, painting and
marking on structures, parapet walls etc. according to Manual.

7.2.5 Retained Repairs / Strengthening/ flooring and protection works& strengthening etc. of the
existing culverts shall be undertaken as per para 7.22 of manual.

Repairs of all existing culverts proposed to be retained shall include but not limited to general
cleaning of culvert and area around culvert, restoration of slopes and protective works, removal
and relaying of existing wearing coat, apron & quadrilateral pitching to be done for all existing
culverts, cracks to be sealed in head walls and return walls and repair and rehabilitation of
damaged concrete if any etc. to the complete satisfaction of Authority’s Engineer and as per
manual requirements.

7.2.6 Floor protection works for structures shall be provided as specified in the relevant IRC Codes
and Specifications.

7.2.7 In case of Culverts proposed for widening / repair as per details in Clause 7.2.3 above, the
same shall be re-constructed if the design shows that these are unsafe for design loads. No
change of scope shall be considered in such cases.

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7.3 Bridges
7.3.1 Construction of bridges to be completed at project site.
7.3.2 The bridges at the following location shall be constructed as per scope mentioned below:-

(i) Major Bridge–

The following major bridges shall be constructed as per scope mentioned below:-

Tentative Scope of Work

Design Carriagewa
Sr. Name of Span Formation (To be done as Manual)
Chainag y way width
No. Stream arrangem width (m)
e in Km. (m) LHS RHS
ent (m)
Nil

Important Notes-
 “The existing MJBs have been partially constructed as mentioned in Schedule-A. The balance
work to be done and dismantling/removal of damaged components of MJBs and reconstruction
of the same as shown above are indicative only.
 Contractor shall inspect the structures and first carry out necessary tests to ascertain strength,
soundness and integrity of partially completed structures and based on such inspection and
testing, decide on rejection and rehabilitation of partially completed structures in accordance
with Manual referred to in Schedule D. However, the completed parts proposed to be rejected as
mentioned above shall be done as a minimum.
 Further based on site inspection and as per provisions of Manual referred to in Schedule D,
Contractor shall assess the balance works and construct the same as per Manual.”

(a) Minor Bridge-.

(i) The following minor bridges shall be constructed as per scope mentioned below:-

Design Span
Sr. Carriageway Formation Executed
Chainage arrangement Scope of Work
No. width (m) width (m) work
in Km. (m)
1 50+418 2 x 7.5 10m 12m
2 59+896 1x8 10m 12m Completed Protection work including
3 65+280 4x6 10m 12m except quadrant pitching, toe wall,
4 66+647 1x8 10m 12m protection and curtain wall, rigid and flexible
5 68+903 2 x 12.5 10m 12m finishing work apron, painting work etc.
6 70+375 1x8 10m 12m

Note-
 “The existing MNBs have been partially constructed as mentioned in Schedule-A. The balance
work to be done and dismantling/removal of damaged components of MNBs and
reconstruction of the same as shown above are indicative only.
 Contractor shall inspect the structures and first carry out necessary tests to ascertain strength,
soundness and integrity of partially completed structures and based on such inspection and
testing, decide on rejection and rehabilitation of partially completed structures in
accordance with Manual referred to in Schedule D. However, the completed parts
proposed to be rejected as mentioned above shall be done as a minimum.
 Further based on site inspection and as per provisions of Manual referred to in Schedule D,
Contractor shall assess the balance works and construct the same as per Manual.”

(ii) The following narrow bridges shall be widened: NIL

Minor Bridge Widened –

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Details of existing structure Status Remarks

Width Condit LHS RHS
Design Opening
SNO Type of of ion of
Chainage (no x
structure structu structu
span)
re re
1 NIL
7.3.2 Additional New Bridges

Sr.No. Design Chainage (km) Remarks

NIL

7.3.3 The railing of all existing bridge shall be replaced by crash barrier as per manual.
7.3.4 Rehabilitation, Strengthening & Repair of existing bridges shall be undertaken as per manual
and details given below:.

Sr. No. Deign Chainage (Km) Scope

1 36+100 As per clause 7.22 of the manual, Contractor shall
2 43+870 repair/ replacement of damaged railing and
3 44+750 parapets, provision of crash barriers, expansion
4 63+075 joint, bearings structural repairs to substructure,
repair to flooring and protection works, wearing
coat and any other treatment as per site
requirement.

7.3.5 Drainage system for bridge decks

An 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

Sr. No. Design Chainage (km) Remarks

NIL
7.4 Rail-road Bridge – NIL

7.4.3 Design, Construction and detailing of ROB/RUB shall be specified in the section 7 of the
Manual.

7.4.4 Road Over Bridges /RUB : NIL

Road Over Bridges (Road over Rail) / Under Pass shall be provided at the following level
crossing, as per attached GAD:-

S Details of Proposed Structure Proposed Status Remarks

No. Design Type of Span Overall
Chainage (km) Structure arrangement Width
NIL
Notes-
(a) The detailed Design & Drawing of the ROBs shall be done by contractor and take all necessary
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approvals from Railways authority including retention/ rejection/ retention with some treatment
to the partially constructed works. The contractor shall bear all the costs relating to the detailed
Design & Drawing of structures, approval and construction supervision charges and other
charges related to ROB with railways authorities. The approval by railways in variance to the
above-mentioned structure spans shall not be treated as Change of Scope.
(b) The road profile between two ROBs shall be smooth without sag in vertical profile. The
embankment between two ROBs shall be confined with RE/Retaining walls along with other
two approaches.

Tentative Scope of Work

Design Carriageway
Sr. Name of Span Formation (To be done as Manual)
Chainage way width
No. Stream arrangement width (m)
in Km. (m) LHS RHS
(m)
Nil

Note:

 The RCC/PSC girders left at site/casted by previous Concessionaire are rejected and shall not be used in
construction of any structure in Project Highway.
 * Rejected Slabs shall be re-casted after dismantling since these are not in satisfactory condition and
unsafe for Project Highway.
 All PSC Girders casted on site are rejected and shall not be used in construction. Defective
slabs shall be re-casted after dismantling of slabs.
 **2Nos. of rejected Segment shall be re-casted for construction of RUB.
 The contractor have to conduct soundness test of completed/partially completed structure and
if found not as per specification, the contractor have to dismantle the structure at his own
cost and shall construct the structure at his own cost, for which no positive change of
scope shall be payable.
 The above mentioned Structure are partially constructed as mentioned in this
schedule are indicative. Contractor shall do their own survey & assessment for
balance construction work and shall be constructed as per drawing/Schedule B & IRC
Manual. No positive Change of Scope shall be applicable.
 “The existing ROBs/RUB have been partially constructed as mentioned in Schedule-A.
The balance work to be done and dismantling/removal of damaged components of
ROBs/RUB and reconstruction of the same as shown above are indicative only.
 Contractor shall inspect the structures and first carry out necessary tests to ascertain
strength, soundness and integrity of partially completed structures and based on such
inspection and testing, decide on rejection and rehabilitation of partially completed
structures in accordance with Manual referred to in Schedule D. However, the
completed parts proposed to be rejected as mentioned above shall be done as a
minimum.
 Further based on site inspection and as per provisions of Manual referred to in
Schedule D, Contractor shall assess the balance works and construct the same as per
Manual referred to in Schedule D.”

7.5 Grade separated structures

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The grade separated structures shall be provided at the locations ad of the type and length
specified in paragraphs 2.9 and 3 of this Annex-I.
7.6 Repairs and strengthening of bridges and structures
(a) Major bridge:-The Repairs/Strengthening of major bridge as mention in Cl. 7.3.1 of
Schedule-B.

Existing Existing Details of

S.
Chainage Width Structure Proposed Scope of work
No.
(Km.) (mt.) Structure Span
1 56.371 7.5 RCC BOX Girder 4 x 37.50 As per clause 7.22 of the manual,
2 72.049 7.5 RCC BOX Girder (2 x 10)- (1 x 32)- Contractor shall repair/ replacement of
(2 x 6) damaged railing and parapets, provision of
3 77.803 7.5 RCC BOX Girder (2 x 32)- (1 x 27) crash barriers, expansion joint, bearings
structural repairs to substructure, repair to
flooring and protection works, wearing coat
and any other treatment as per site
requirement.

(b) Minor bridge:- The Repairs/Strengthening of minor bridge as mention in Cl. 7.3.1 of
Schedule-B.
Details of
Total
Design Span Type of
Sr. No. Width Scope of work
Chainage arrangeme Structure
(m)
nt
RCC Box As per clause 7.22 of the manual, Contractor
1 36+100 2 x 25 8.50 shall repair/ replacement of damaged railing
Girder and parapets, provision of crash barriers,
2 43+870 1x9 Solid slab 9.00 expansion joint, bearings structural repairs to
3 44+725 3 x 4.5 RCC Box 11.00 substructure, repair to flooring and protection
RCC Box works, wearing coat and any other treatment
4 63+075 2 x 22.5 7.5
Girder as per site requirement.

Repairs of all existing bridges / other structure proposed to be retained shall include but not
limited to general cleaning and area around culvert, restoration of slopes and protective works,
removal and relaying of existing wearing coat, apron & quadrilateral pitching to be done for all
existing culverts, cracks to be sealed in head walls and return walls and repair and
rehabilitation of damaged concrete if any etc. to the complete satisfaction of Authority’s
Engineer and as per manual requirements.

7.7 Repairs & protection work of other structure

The following is the list of the Major Bridge and Structures.

7.2.5 Repairs/replacements of railing/parapets, flooring and protection works etc. of the existing culverts
shall be undertaken as per para 7.23 of manual

SI. Design Type of

Type of repair required
No. Chainage culvert
1 24.140 HPC Quadrant pitching, PCC in Toe Wall, PCC curtain wall,
flexible apron and rigid apron, Marking & Painting,
Inscribe Pillar etc.
2 24.370 HPC - do -
3 27.160 HPC - do -

2 –Laning of Barela – Mandla i Section from Km 21/850 to Km 85+400 of NH-30 in the State of Madhya Pradesh on EPC

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SI. Design Type of

Type of repair required
No. Chainage culvert
4 32.415 RCC - do -
Slab
5 36.955 HPC - do -
6 37.220 HPC - do -
7 37.330 HPC - do -
8 37.605 HPC - do -
9 37.770 HPC - do -
10 38.090 HPC - do -
11 45.175 HPC - do -
12 47.623 HPC - do -
13 47.860 HPC - do -
14 50.780 HPC - do -
15 51.195 Box - do -
16 51.750 HPC - do -
17 52.740 HPC - do -
18 53.685 HPC - do -
19 53.905 HPC - do -
20 54.090 HPC - do -
21 54.215 HPC - do -
22 54.330 HPC - do -
23 54.605 HPC - do -
24 54.825 HPC - do -
25 55.005 HPC - do -
26 55.270 HPC - do -
27 55.360 HPC - do -
28 56.275 HPC - do -
29 56.910 HPC - do -
30 57.055 HPC - do -
31 57.215 HPC - do -
32 57.315 HPC - do -
33 57.580 HPC - do -
34 58.795 HPC - do -
35 58.910 HPC - do -
36 59.015 HPC - do -
37 61.390 HPC - do -
38 64.330 HPC - do -
39 64.530 HPC - do -
40 64.940 HPC - do -
41 65.040 HPC - do -
42 67.950 HPC - do -
43 68.445 HPC - do -
44 71.020 HPC - do -
45 71.100 HPC - do -
46 72.875 HPC - do -
47 75.525 HPC - do -
48 75.795 HPC - do -
49 81.050 HPC - do -
50 81.245 HPC - do -

8 TRAFFIC CONTROL DEVICES AND ROAD SAFETY WORKS

2 –Laning of Barela – Mandla i Section from Km 21/850 to Km 85+400 of NH-30 in the State of Madhya Pradesh on EPC

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i. Traffic control devices and road safety works shall be provided in accordance with Manual
referred to in Annexure-I to Schedule-D.

(a) Traffic Sign: Traffic Sign include road side signs and Kerb mounted signs along the entire
Project Highway.
(b) Pavement Marking: Pavement marking shall cover road marking for the entire Project
Highway as per Manual referred to in Annexure-I to Schedule-D.
(c) Safety Barrier: Provision of W-Beam crash barrier for a minimum length of 19 km along the
project highway shall be provided at the highway embankment locations and details to be
prepared as per site requirement in consultation with the Authority Engineer. If any increase
in length of Crash Barrier as per site requirement with approval from Authority Engineer,
shall not be constituted under Change of Scope.

ii. Reflecting sheeting shall be provided in accordance with Manual referred to in Annexure-I to
Schedule-D.

9 ROADSIDE FURNITURE
i. Roadside furniture like Road Boundary Stones, km/Hectometer Stones, Railings, Traffic
Impact Attenuators, Delineators shall be provided in accordance with Manual referred to in
Annexure-I to Schedule-D.

(a) Road Boundary Stone for the entire Project highway.

(b) Pedestrian Guard Rail:

i. Pedestrian Guard Rail: Provide pedestrian guard rail at each bus stop location.
ii. Pedestrian Crossing: Provide pedestrian crossing facilities on service/ Slip road.
(c) Overhead Gantry/Traffic Sign (excluding overhead signs at Toll Plaza) :
Location and Size
Full width overhead Signs: 3 Nos.
Cantilever Gantries : NIL
(Locations to be finalized with Authority Engineer at the time of execution.)
(d) Delineators: Delineators for the entire project highway shall be provided as per
requirement of manual.

ii. Overhead traffic signs:

(a) location and size

SI. No Location Nos. Size

1 26+000 1 Overhead gantry
2 35+500 1 Overhead gantry
3 77+200 1 Overhead gantry

Note: All Traffic Signs for Road Users would be provided as per Manual referred to in
Annexure-I to Schedule-D. However, the Contractor Shall be provided minimum numbers of

2 –Laning of Barela – Mandla i Section from Km 21/850 to Km 85+400 of NH-30 in the State of Madhya Pradesh on EPC

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Cautionary, Mandatory, Warning and Informatory Traffic Sign Boards as mentioned below:

(b) Traffic Signs

SI. No Size Nos.

1 90 cm Equilateral Triangle/warning sign 20
2 60 cm Equilateral Triangle /Warning sign 38
3 60cm Circular Mandatory & Regulatory 20
4 80 cm x 60 cm rectangular 20
5 60 cm x 45 cm rectangular 8
6 60 cmx60cm Square information sign 50
7 90 cm octagon stop sign 50

10 COMPULSORY AFFORESTATION

Landscaping and tree plantation shall be provided as per manual keeping in view IRC: SP-21-
2009 and as given at Schedule-C. Contractor shall planted minimum 10,000 Nos. Avenue trees
along the project highway and maintain up to DLP.

11 HAZARDOUS LOCATIONS
The safety barriers shall be provided at the hazardous locations as per Manual referred to in
Annexure-I to Schedule-D. W-Beam metal crash barriers shall be provided on curves,
bridges approaches, high embankment, hill road section in a minimum length of 19.00 km.
MS Railing Of 2.60 Km. shall have to be provided all hazardous locations in consultation
with the Authority Engineer.

12
A SPECIAL REQUIREMENTS FOR STRECHES IN HILL CUTTING SECTIONS:-

Special requirement for hill roads in accordance with the provisions of section 14 of the
manual shall be provided in the following locations:-

Design Chainage
Length
(in km) Remar
(in km)
ks
From To
36.60 36.70 0.10 Hilly portion, Retaining wall shall be
37.72 37.80 0.08 designed and provided as per the
43.22 43.30 0.08 technical requirement in consultation
46.51 46.65 0.14 with the Authority Engineer subject
47.36 47.40 0.04 to minimum length of 1.05 Km. If any
47.67 47.80 0.13 increase in length of retaining wall, No
60.10 60.30 0.20 Change of Scope shall be applicable.
61.92 61.98 0.06
62.62 62.68 0.06
64.45 64.55 0.10
67.90 67.96 0.06
TOTAL = 1.05 km.

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13 UTILITY SERVICE DUCT/CORRIDOR:- NIL

14 CHANGE OF SCOPE:-
The length of Structures and bridges specified hereinabove shall be treated as an approximate assessment.
The actual lengths as required on the basis of detailed investigations shall be determined by the Contractor
in accordance with the Specifications and Standards. Any variations in the lengths specified in this
Schedule-B shall not constitute a Change of Scope, save and except any variations in the length arising
out of a Change of Scope expressly undertaken in accordance with the provisions of Article 13.

15 ARRANGEMENT OF TRAFFIC DURING CONSTRUCTION

Contractor shall construct temporary diversion along existing half width of carriageway & treated
shoulder shall be provided on the side on which work is not in progress. The treatment to the shoulder
shall consist of providing at least 150 mm thick granular (WMM/WBM) base course covered with
bituminous surface dressing and treated shoulder shall maintained throughout the period during which
traffic uses the same to the satisfaction of the engineer.(In accordance with MORTH Specification 112.2)

16 SURVEYING THROUGH NSV:-

Surveying through Networking survey Vehicle (NSV) in accordance with Ministry Guidelines Dated 13
November 2019
(i) Before start of work
(ii) Before issue of provisional/final completion certificate.
(iii) Every 6 months after completion of work during DLP.

17 Maintenance of existing road during construction:-

Contractor shall maintain the following stretches of existing road

139
PWD,NH Schedules to Concession Agreement

Schedule B-1
1 The shifting of utilities and felling of trees shall be carried out by the Contractor. The cost of the same
shall be borne by the Authority. The details of utilities is attached in Annex-I to Schedule-B1. The
Contractor has to verify & shift all the utilities on the Project Site under the supervision of Utility
Department / Agency.
2 All the Utilities which affects the execution of EPC work or Maintenance of Project highway in
accordance with Article-9 of EPC Agreement.

Sr.
Type of Utility Unit Description Locations Quantity
No.
A
33 KV Under
A1 Crossing Nos. - NIL
Ground Crossing

B Water Supply Description of work

1 Shifting of Water meters 1900 mtr. Length of 100mm Shifting of Water Supply
Supply Pipe line Dia of water pipe line Pipe line village Gwari
(625m), Lalipur(450m),
Mangalganj (825m)
2 Shifting of Water meters 1300 mtr. Length of 150 mm Shifting of water supply
Supply Pipe line Dia water pipe line. Pipe Line in Bijadandi
(600m), Phool Sagar
(700m).
3 Hand pump Nos. Hand pump – 06 Nos. LHS/RHS at project site
Shifting (Kudamaili- 03 & Kalpi – 03
Nos.)
4 CPR Works Nos. CPR works (Temple-02 Nos.) LHS/RHS at project site
C Tree cutting Nos. 1116 Nos. In Forest Land at hill cutting
Portion, Ch 47.950 to 48.120,
Ch 65.750 to 65.850, Ch
70.625 to 7.825, Ch 71.250
to 71.350= 575 m
Payment shall be made to
Contractor as per actual.

Note:- The Estimate & SLD enclosed in agreement are tentative. Any change in particulars / Nos.
/Length in Considered circuit/Loop/Lines will not consider as change of Scope. Contractor
shall ensure / make his own survey with owning department before bidding.

Any new circuit / Loop/ line found will be considered under Change of Scope

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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PWD,NH Schedules to Concession Agreement

Sheet-II (Annexure-I to Schedule-B 1)

Utility Shifting.

Shifting of obstructing existing utilities indicated in Schedule A to an appropriate location in accordance with the
standards and specifications of concerned Utility Owning Department is part of the scope of work of the Contractor.
The bidders may visit the site and assess the quantum of shifting of utilities for the projects before submission of their
bid. Copy of utility relocation plan is enclosed. The specifications of concerned Utility Owning Department shall be
applicable and followed.

Notes:
a. The type/ spacing/ size/ specifications of poles/ towers/ lines/ cables to be used in shifting work
shall be as per the guidelines of utility owning department and it is to be agreed solely between the
Contractor / Concessionaire* and the utility owning department. No change of scope shall be
admissible and no cost shall be paid for using different type/ spacing/ size/ specifications in shifted
work in comparison to those in the existing work or for making any overhead crossings to
underground as per requirement of utility owning department and/or construction of project
highway. The Contractor/Concessionaire* shall carry out joint inspection with utility owning
department and get the estimates from the utility owning department. The assistance of the
Authority is limited to giving forwarding letter on the proposal of Contractor/Concessionaire* to
utility owning department whenever asked by the Contractor /Concessionaire*. The decision/
approval of utility owning department shall be binding on the Contractor/Concessionaire*.

b. The supervision charges at the rates/ charges applicable of the utility owning department shall be
paid directly by the Authority to the Utility Owning department as and when
Contractor/Concessionaire* furnishes demand of Utility Owning Department along with a copy of
estimated cost given by the later.

c. The dismantled material/scrap of existing Utility to be shifted/ dismantled shall belong to the
Contractor / Concessionaire* who would be free to dispose-off the dismantled material as deemed
fit by them unless the Contractor /Concessionaire* is required to deposit the dismantled material to
utility owning department as per the norm and practice and in that case the amount of credit for
dismantled material may be availed by the Contractor/Concessionaire* as per estimate agreed
between them.

d. The utilities shall be handed over after shifting work is completed to Utility Owning Department to
their entire satisfaction. The maintenance liability shall rest with the Utility Owning Department
after handing over process is complete as far as utility shifting works are concerned.

Note -II Copy of utility shifting plans enclosed as Annexure-II to Schedule B1.
*Strike out which is not applicable

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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PWD,NH Schedules to Concession Agreement

SCHEDULE – C
(See Clause 2.1)

PROJECT FACILITIES

1 PROJECT FACILITIES

The Contractor shall construct the Project Facilities in accordance with the provisions of this
Agreement. Such Project Facilities shall include:

a. Toll Plaza;
b. Traffic Control Devices/ Road Safety Devices / Roadside Furniture;
c. Street Lighting;
d. Pedestrian Facilities;
e. Landscaping and Tree Plantation;
f. Rest Area;
g. Truck Lay Byes;
h. Bus-Bays
i. Safety Barrier;
j. Traffic Aid Posts;
k. Route Patrol Vehicle
l. Rescue Ambulance
m. Tow Away Crane/ Vehicle
n. Medical Aid Posts / Emergency Medical Services;
o. Operation and Maintenance center:

2 DESCRIPTION OF PROJECT FACILITIES

Each of the Project Facilities is briefly described below:

a) Toll Plaza: 01 No.

Toll Design Chainage

Remarks
Plaza (in Km)
Partially constructed. Electrical works, ETC Items,
Electronic instruments for collection of toll fee with
1. 81+450 furniture, sign boards, Road marking, Delineators, Safety
devices, Sign boards as per toll fee notification, etc.is
balanced .

Note:- The above mentioned toll plaza is partially constructed. Contractor shall do their own survey
and assessment of balance work for completion of toll plaza in all respect for start of toll fee
collection with satisfaction of NHAI and as per Manual of Schedule-D.

b) Traffic control devices/ road safety devices / roadside furniture

The provision of traffic control devices/ road safety devices shall be made as per specifications and
standards as specified in Schedule D and in consultation with the Authority’s Engineer/ Client.

i. Roadside Furniture
The roadside furniture shall include the provision of;

ii. Traffic Signs:

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
142
PWD,NH Schedules to Concession Agreement

The Contractor shall provide the following traffic signs as minimum along the entire Project
Highway as per Manual of Schedule D, if there is any additional Traffic Signs required, the same
shall be provided by contractor for safety of the road users and the same shall not considered under
the change of scope of work.

Road Sign Nos

(A) Mandatory/Regulatory 48
(B) Cautionary and warning 650
(C) Informatory 48
Total 746

iii. Pavement Markings:

Pavement markings shall provide for the entire Highway as mentioned in Schedule B and as per
manual of Schedule-D. If there is any additional Pavement markings required the same shall be
provided by contractor and shall not considered under the change of scope of work.

iv. Solar Traffic Blinkers:

Solar traffic blinker shall be provided for all Pedestrian cross walks along the alignment, at all
Major/Minor Junction locations and at Curve locations, where curve radius not confirming to
minimum radius as per design standards of manual Schedule D and any other locations specified in
relevant manual recommended in Schedule D& B, If there is any additional Solar Traffic Blinkers
required, if any shall be constructed by contractor and the same shall not be considered under the
change of scope of work

v. W type metal Beam Crash Barrier:19000 m length

W type Metal Beam Crash Barriers in all MJB’s and all MNB’s approaches sides as well as in
high embankment (greater than 3m) areas shall be provided for a minimum length of 19000m, but
not limited, as per provision in Schedule-B and D. If there is any additional Crash Barrier required
at site, the same shall be provided by contractor, which shall not be considered under the change of
scope of work.

vi. Delineators and Hazard Marker:-

Delineators and hazard marker for the entire Project Highway at the locations as suggested in
relevant IRC / Manual recommended in Schedule D.

vii. Reflective Pavement Markers (Road studs):

Provide road studs for the entire Project Highway at the locations as suggested in relevant IRC /
Manual recommended in Schedule D, if there is any additional Road studs required the same shall
be provided by contractor and will not considered under the change of scope of work.

viii. Boundary stones:

Boundary stone shall provide for the entire Project Highway as suggested in relevant IRC /
Manual recommended in Schedule D.

ix. Hectometer / Kilometer stones:

Hectometer/ Kilometer stone shall provide for the entire Project Highway as
suggested in relevant IRC / Manual recommended in Schedule D.

x. Gantry Boards: 03 nos.

Gantry Mounted Variable Message Sign board for overhead 03 nos. on following locations shall

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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PWD,NH Schedules to Concession Agreement

be provided by the Contractor:-

SI. No Location Nos. Size Location

1 26+000 1 Overhead gantry (24m) Start point of Udaipur 4 lane
2 35+500 1 Overhead gantry (24m) End point of Bijadandi 4 lane
3 77+200 1 Overhead gantry (14m) Phool Sagar Junction

c) Solar Street on project Highway/ Street lighting in built up area /High Mast Lighting:
High Mast lighting (02 Nos.) and 10 Nos. Street lighting pole shall be provided by the Contractor
on Toll Plaza location only as per Standard & Specification of Manual Schedule-D.
d) Pedestrian Facilities
i. Pedestrian guardrail: Provide pedestrian guardrail at each bus bay location.
ii. Pedestrian facilities shall be provided as per specifications and standards specified in
Schedule D.

e) Landscaping and Plantation

Landscaping at Toll Plaza, on the project highway shall be done as per specifications and
standards specified in Schedule D. Avenue Plantation shall be done as per IRC SP 021:2009.Tree
should be attain proportionate growth in maintenance period of 5 years else entries cost of such
trees will be recovered from contractor.

Plantation of trees along the length of project highway (minimum 10,000 nos. of trees with tree
guards) shall be done. Tree should be attain proportionate growth in maintenance period of 5 years
else entire cost of such trees will be recovered from contractor.

f) Truck Lay-Bays: (1x2) 02 nos.

Sr. DesignChainage
No. (km) Location Remarks
1 73+150 LHS Babeha Truck Lay Bye with amenities on both
2 78+150 RHS Padadiya RHS & LHS as per Manual

g) Solar mounted Bus-lay-bays with Shelter: (4x2) 08 Nos.

Bus shelters shall be provided at following locations conforming to section 12 of manual of

specifications and standards

Sno. Description Chainage Village name Side Remarks

1 Bus Shelter &Bus bays 22+210 Bus shelter to be installed as per Manual
Dobhi BHS
2 Bus Shelter &Bus bays 22+250 Bus shelter to be installed as per Manual

3 Bus Shelter &Bus bays 25+555 Udaipura RHS Bus shelter to be installed as per Manual

4 Bus Shelter &Bus bays 25+700 Udaipura LHS Bus shelter to be installed as per Manual

5 Bus Shelter &Bus bays 26+570 Dusariya RHS Bus shelter to be installed as per Manual

6 Bus Shelter &Bus bays 26+700 Dusariya RHS Bus shelter to be installed as per Manual

7 Bus Shelter &Bus bays 31+170 Moyianala BHS Bus shelter to be installed as per Manual

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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PWD,NH Schedules to Concession Agreement

8 Bus Shelter &Bus bays 31+270 Bus shelter to be installed as per Manual

9 Bus Shelter &Bus bays 33+920 Bijadandi LHS Bus shelter to be installed as per Manual

10 Bus Shelter &Bus bays 35+400 Bijadandi RHS Bus shelter to be installed as per Manual

11 Bus Shelter &Bus bays 35+650 Bijadandi LHS Bus shelter to be installed as per Manual

12 Bus Shelter &Bus bays 35+850 Bijadandi RHS Bus shelter to be installed as per Manual

13 Bus Shelter &Bus bays 36+950 Bus shelter to be installed as per Manual
Khuntapadav BHS
14 Bus bays 37+200 To be constructed as per Manual
15 Bus bays 38+900 To be constructed as per Manual
Dhanwahi BHS
16 Bus bays 39+250 To be constructed as per Manual

17 Bus bays 41+000 Kalpi LHS To be constructed as per Manual

18 Bus bays 41+040 Kalpi RHS To be constructed as per Manual

19 Bus bays 44+430 To be constructed as per Manual

Kalpi BHS
20 Bus bays 44+400 To be constructed as per Manual

21 Bus bays 51+100 To be constructed as per Manual

Kudamaili BHS
22 Bus bays 51+160 To be constructed as per Manual

23 Bus bays 53+700 To be constructed as per Manual

Tikaria BHS
24 Bus bays 53+730 To be constructed as per Manual

25 Bus bays 55+100 To be constructed as per Manual

Naryanganj BHS
26 Bus bays 55+380 To be constructed as per Manual

27 Bus bays 57+150 To be constructed as per Manual

Babadevri BHS
28 Bus bays 57+350 To be constructed as per Manual

29 Bus bays 59+200 To be constructed as per Manual

Kumbha BHS
30 Bus bays 60+120 To be constructed as per Manual

31 Bus bays 64+250 To be constructed as per Manual

Bhaval BHS
32 Bus bays 64+400 To be constructed as per Manual
33 Bus bays 66+600 Sahjani RHS To be constructed as per Manual

34 Bus bays 66+600 Sahjani LHS To be constructed as per Manual

35 Bus bays 67+900 Chraidongri RHS To be constructed as per Manual

36 Bus bays 68+030 Chraidongri LHS To be constructed as per Manual

37 Bus bays 68+780 Mangalganj RHS To be constructed as per Manual

38 Bus bays 68+820 Mangalganj LHS To be constructed as per Manual

39 Bus bays 73+600 Babeha RHS To be constructed as per Manual

40 Bus bays 73+700 Babeha LHS To be constructed as per Manual

41 Bus bays 74+550 Gwari LHS To be constructed as per Manual

42 Bus bays 75+230 Gwari RHS To be constructed as per Manual

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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PWD,NH Schedules to Concession Agreement

43 Bus bays 81+100 To be constructed as per Manual

Sakri BHS
44 Bus bays 81+250 To be constructed as per Manual
45 Bus bays 82+000 To be constructed as per Manual
Tindni BHS
46 Bus bays 82+850 To be constructed as per Manual
47 Bus bays 84+050 To be constructed as per Manual
Gajipur BHS
48 Bus bays 84+900 To be constructed as per Manual
49 Bus bays 85+310 Chatwa To be constructed as per Manual
BHS
50 Bus bays 85+330 marg To be constructed as per Manual

Note: Exact location of the Bus stop / shelter shall be decided at site in consultation with
Authority’s Engineer. The above list is indicative only and additional bus shelters required if
any shall be constructed by contractor and the same shall not be considered under the
change of scope of work.

h) Safety Barriers

The safety barriers shall be provided at the hazardous locations as per Clause 7.17 of the
Manual. W type metal beam crash barriers shall be provided at all hazardous locations with
minimum length of 19000 m. All hazardous locations shall be finalized in consultation with the
Authority Engineer/ Client.
The actual length of the W type metal beam crash barriers shall be determined by the Contractor in
accordance with the Manual requirements with approval from the Authority Engineer. The final length
after consultation with authority engineer will not be considered under scope of work.
Parapet wall shall be constructed at sharp curves in hilly areas. Retaining wall 1050m & stone
pitching shall be provided at the required locations as per manual, If there is any additional
requirement, shall be constructed by contractor and the same shall not be considered under the
change of scope of work.

i) Traffic Aid Posts: NIL

j) Medical Aid Posts / Emergency Medical Services

Medical Aid Posts shall be provided at Toll Plaza as per specifications and standards specified in
Schedule D. Emergency Medical Services shall be set up at Toll Plaza as per Para 12.12 of
Manual.
.
k) Highway Patrol Units:-
The he contractor shall provide 1 no. Highway Patrol Vehicle (Vehicle shall be of
GPS mounted with making facility) for covering the entire project highway. These
shall also confirm to the specifications mentioned in the manual.
l) Crane Services
The Contractor shall provide a crane of adequate capacity (minimum 30 MT) at each toll plaza
locations with all necessary equipment so that it can reach the site of the incident within 30
minutes of call and clear the disabled accident vehicles. The specifications of the crane shall be as
described in the manual. It shall also be fitted with GPS based vehicle tracking system to monitor
its movement on 24 hour x 7 days of week basis.

m) Telecom System: NIL

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
146
PWD,NH Schedules to Concession Agreement

Telecom System shall be provided as per specifications and standards specified in Schedule D.

n) Operation and Maintenance Center: NIL

o) Rain Water Harvesting: NIL

 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 Rain water,
harvesting structure is mandatory in and around Water Crisis area, notified by the Central
Ground Water Board.
 The rainwater harvesting cum recharge pits @ 1000m alternate on either side of the
project highway shall be provided. (Minimum 77 nos.)

3) UTILITIES
Provision of accommodating utilities (overhead as well as underground) shall be made within
utility corridor on either side of the Project Highway.

Note: In case of any discrepancy in numbers or locations of any of the project facilities mentioned in
this Schedule C, shall be constructed and provided in consultation with the Authority Engineer as
per site/design requirement and shall not constituted under change of Scope.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
147
PWD,NH Schedules to Concession Agreement

SCHEDULE – D
(See Clause 2.1)

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 Two Lane 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 Two Laning of Highways with Paved Shoulder (IRC:
SP:73-2009), referred to herein as the Manual. Section 9, 10 & 12 of the above referred manual,
IRC:SP:73:2009 are amended to the section 9, 10 & 12 of IRC:SP:73:2018 as per the para 2.2 of
Annexure-I to Schedule-D.

 The use of manufactured aggregates in National Highway works shall be governed by Ministry’s
Circular No. RW/NH-34066/09/2017-S&R (B) dated 21.07.2020.

 The quality of works conforms to the provisions stipulated in the contract agreement in accordance
with the IRC:SP:112-2017 “Manual for Quality Control in Roads & Bridge works”. The quality of
certain percentage of the executed works may preferably be got checked by the Authorities
Engineer through the NABL approved laboratories.

 Bitumen to be used for the road works shall be as per Ministry’s circular No.RW/NH-
35072/05/2018-S&R(P&B) dated 24.08.2018. Also, anti-stripping agent shall be used as per
Ministry guideline circulated vide letter NO.RW/NH-33044/127/2016-S&R(P&B) dated
06.08.2018.

 IRC SP 55-2014 Traffic Management in work zones.

 IRC 35:2015 Code of Practice for Road Marking.
 IRC 67:2012 Code of Practice for Road science.
 IRC SP 37:2018 Flexible Pavement Design.
 IRC 58: 2015 for rigid pavement.
 IRC 73-2018 for Two lane paved shoulder design of national highways

[Note: Specify the relevant Manual, Specifications and Standards]

• The construction of Flexible/Rigid Pavement shall conform to the provisions of IRC 37-2018/ IRC
58 2015 and to clause 602.9 for Rigid Pavement and clause 501.2 for Flexible pavement of standards
and specifications of Indian Roads Congress (MORTH) Fifth Revision-2013 with “SLIP FORM
PAVER” for Rigid pavement and “PAVER FINISHER HYDROUSTATIC WITH SENSER
CONTROL” for Flexible pavement.

• “The Bridges / VUPs / VOPs / RUBs shall be designed as per IRC / MoRTH’s guidelines by the
contractor and Major / Minor Bridges having span more than 15m shall be got proof checked and
Safety audit conducted after construction by reputed IIT / NIT institutions as per MoRTH circular at

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
148
PWD,NH Schedules to Concession Agreement

the cost of contractor, Designs and GADs for proposed ROBs / RUBs shall be got approved by
Railway department

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
149
PWD,NH Schedules to Concession Agreement

Annex-I
(Schedule-D)

Specifications and Standards for Two Laning

1. Manual of Specifications and Standards to apply

All Materials, works and construction operations shall conform to the Manual of Specifications and
Standards for Two-Lane of Highways with paved shoulder (IRC:SP:73:2018), referred to as the
Manual, and MORTH Specifications for Road and Bridge Works. Where the specification for a work
is not given, Good Industry Practice shall be adopted to the satisfaction of the Authority’s Engineer.

Subject to the provisions of Paragraph 2 of this Annex-I, Two Laning with paved shoulder of the
Project Highway shall conform to the “IRC SP: 73-2018 - Manual of Specifications and Standards for
Two Laning of Highways with Paved Shoulder” published by the IRC in 2018.

2. Deviations from the Manual

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 the aforesaid Manual, the following
specifications and standards shall apply to the two lanes Project Highway and for purpose of this
agreement; the aforesaid manual shall be deemed to be amended to the extent set forth below.

S. Clause
Description Deviation
No. No.
1. Cl. 5.4.3 Pavement performance 5.4.3 Pavement performance
5.4.3
requirements: requirements:

ii) The new pavement surface shall ii) The new pavement surface shall
satisfy the following standards; satisfy the following standards;

b) Roughness in each lane measured by b) Roughness in each lane measured by

calibrated BI: calibrated BI:
i) Rigid Pavement : Not more than 2000 i) Rigid Pavement: Not more than 2200
mm/km for each lane in a km length mm/km for each lane in a km length as per
IRC:SP:16:2004.
2. 2.15 Typical cross – section (Plain/ rolling Typical cross-section (Plain/ rolling
terrain) terrain)
(Typical cross section Fig. 2.4 for Eccentrically placed 2-Lane with paved
bypasses) Eccentrically placed 2-Lane shoulder bypass (7.00 m. Carriageway +
bypass (7.00 m. Carriageway + 2.50 m. 1.50m. paved shoulder on both sides +
shoulder on both sides) 1.00m. granular shoulder on both sides)

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
150
PWD,NH Schedules to Concession Agreement

3. 2.15 Typical cross – section Typical cross section Fig. 2.3 for approach
(Typical cross section Fig. 2.3 for Two – road of grade-separated structures/
lane carriageway with service road) underpasses with RE wall and 7.00 m.
wide slip/ service roads on both sides with
1.5m granular shoulder.
4. 2.15 Fig:- 2.5 Typical cross section Fig-2.5(Modified) attached with the
(Mountainous terrain) 2-lane carriageway Appendix D-II.
That provides 1m granular shoulder on
hill side and 2.0m granular shoulder
on valley side

5. 2.15 In addition to Fig:- 2.1 to Fig:- 2.5

additional Fig:-2.6 and Fig:-2.7 are
attached with Appendix D-I and
Appendix D-IV respectively.
Fig- 2.6 with 7.0m Carriageway and 2.5m
Paved shoulder on each side with CC
drain. And
Fig:- 2.7 with 7.00 m. carriageway, 1.50
m. paved shoulder on both sides of the
carriageway and 1.00 m. and 2.00 granular
shoulder on hill side and valley side
respectively with catch water drain and
side drain on hill side and crash barrier on
valley side.
6. Section 9 Traffic Control devices, Road Safety Traffic Control devices, Road Safety
Devices, Road side furniture Devices, Road side furniture shall be
governed as per Section 9 of
IRC:SP:73:2018.
7. Section Toll Plaza Toll Plaza shall be governed as per Section
10 9 of IRC:SP:73:2018.
8. Section Project Facilities Project Facilities shall be governed as per
12 Section 9 of IRC:SP:73:2018.

2.3 As regards, the work of Utility Shifting, the relevant specifications, relevant rules, regulations and
acts of Utility Owning Department/Agencies shall be applicable.

[Note 1: Deviations from the aforesaid Specifications and Standards shall be listed out here. Such
deviations shall be specified only if they are considered essential in view of project specific requirements.]

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
151
PWD,NH Schedules to Concession Agreement

Appendix D-I

Fig-2.6
Typical cross section
(Built-up area)
2-lane with 2.5m paved shoulder with CC drain on both sides

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
152
PWD,NH Schedules to Concession Agreement

Appendix D-II

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
153
PWD,NH Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
154
PWD,NH Schedules to Concession Agreement

Fig-2.5 (Modified)
Typical cross section
(Mountainous terrain)
2-lane carriageway with 1.5m paved shoulder on both sides

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
155
PWD,NH Schedules to Concession Agreement

Appendix D-III

Fig-2.3 (Modified)

Appendix D-IV

Fig-2.7

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
156
PWD,NH Schedules to Concession Agreement

SCHEDULE - E
(See Clauses 2.1 and 14.2)

MAINTENANCE REQUIREMENTS

1 Maintenance Requirements

(i) The Contractor shall, at all times maintain the Project Highway in accordance with the provisions
of this Agreement, Applicable Laws and Applicable Permits.

(ii) 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.

(iii) All Materials, works and construction operations shall conform to the MORTH Specifications for
Road and Bridge Works, and the relevant IRC publications. Where the specifications for a work
are not given, Good Industry Practice shall be adopted.

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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
157
PWD,NH Schedules to Concession Agreement

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 and conveyed to
the Contractor and the Authority with reasons thereof.
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 [1st June] every year in accordance with the guidelines contained in IRC:
SP35. Report of this inspection together with details of proposed maintenance works as required
on the basis of this inspection shall be sent to the Authority’s Engineer before the 10th June every
year. The Contractor shall complete the required repairs before the onset of the monsoon and send
to the Authority’s Engineer a compliance report. Post monsoon inspection shall be done by the
30th September and the inspection report together with details of any damages observed and
proposed action to remedy the same shall be sent to the Authority’s Engineer.

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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
158
 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.

Table -1: Maintenance Criteria for Pavements:

Frequenc Standards and

Time limit for
y of Tools/Equipme References for
Level of Service (LOS) Rectification/R Maintenance Specifications
Inspectio nt Inspection and
Perform epair
n Data Analysis
ance
Paramet
Desirable Acceptable
Asset Type er
< 0.1 % of
area and
Flexible subject to Length 24-48 hours MORT&H Specification 3004.2
Pavement limit of 10 Measurement IRC 82: 2015 and
(Pavement of Potholes Nil mm in depth Daily Unit like Scale, Distress
MCW, Service < 5 % subject Tape, odometer Identification
Road, to limit of 0.5 etc. Manual for Long 7-15 days MORT&H Specification 3004.3
approaches sqm for any Term Pavement
of Grade Cracking Nil 50 m length Daily Performance
structure,
Program, FHWA
approaches < 5 mm 15 -30 days MORT&H Specification 3004.2
2003
of connecting Rutting Nil Daily Straight Edge
(http://www.tfhrc.co
roads, slip Corrugatio
< 0.1 % of Length m/pavement/lttp/re
roads, lay ns and 2-7 days IRC:82-2015
area Measurement ports/03031/)
byes etc. as Shoving Nil Daily Unit like Scale,
applicable)
Tape, odometer
< 1 % of area 3-7 days MORT&H Specification 3004.4
Bleeding Nil Daily etc.

139
 PWD,NH Schedules to Concession Agreement

Frequenc Standards and

Time limit for
y of Tools/Equipme References for
Level of Service (LOS) Rectification/R Maintenance Specifications
Inspectio nt Inspection and
Perform epair
n Data Analysis
ance
Paramet
Desirable Acceptable
Asset Type er

< 1 % of area 7-15 days IRC:82-2015 read with IRC SP 81

Ravelling
/
Stripping Nil Daily
< 1 m for any
100 m
section and
width < 0.1 m
at any 7- 15 days IRC:82-2015
location,
Edge restricted to
Deformatio 30 cm from
n/ Breaking Nil the edge Daily
Class I
Profilometer :
Roughness Bi- Class I ASTM E950 (98)
2000 mm/km 2400 mm/km 180 days IRC:82-2015
BI Annually Profilometer :2004 –Standard
SCRIM Test Method for
Skid Bi- (Sideway-force measuring
50SN Coefficient Longitudinal Profile 180 days
Number 60SN Annually BS: 7941-1: 2006
Routine of Travelled
Investigation Surfaces with
Pavement Machine or Accelerometer
Condition 3 2.1 equivalent) Established Inertial 180 days IRC:82-2015
Index Bi- Profiling Reference
Annually ASTM E1656 -94:

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
140
 PWD,NH Schedules to Concession Agreement

Frequenc Standards and

Time limit for
y of Tools/Equipme References for
Level of Service (LOS) Rectification/R Maintenance Specifications
Inspectio nt Inspection and
Perform epair
n Data Analysis
ance
Paramet
Desirable Acceptable
Asset Type er
2000- Standard
Guide for
Classification of
Automatic 2-7 days IRC:82-2015
Other Pavement
Pavement Bi- Condition Survey
Distresses Annually Equipment
Deflection/
Remaining Falling Weight IRC 115: 2014 180 days IRC:115-2014
Life Annually Deflectometer
Rigid ASTM E950 (98)
Bi-
Pavement Roughness Class I :2004 and ASTM 180 days IRC:SP:83-2008
2400mm/km Annually
(Pavement BI 2200mm/km Profilometer E1656 -94: 2000
of MCW,
Service Skid Resistance no. at
Road, Grade different speed of vehicles
structure, Minimum SN Traffic Speed
approaches SCRIM
36 Bi-
of Skid (Sideway-force IRC:SP:83-2008 180 days IRC:SP:83-2008
Annually
connecting 33 Coefficient
roads, slip 32 Routine
roads, lay 31 Investigation
byes etc. as 31 Machine or
applicable) equivalent)
Edge drop Length
Embankmen
at Nil 40mm Daily Measurement IRC 7-15 days MORT&H Specification 408.4
t/ Slope
shoulders Unit like Scale,

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
141
 PWD,NH Schedules to Concession Agreement

Frequenc Standards and

Time limit for
y of Tools/Equipme References for
Level of Service (LOS) Rectification/R Maintenance Specifications
Inspectio nt Inspection and
Perform epair
n Data Analysis
ance
Paramet
Desirable Acceptable
Asset Type er
<2% Tape, odometer
variation in etc.
Slope of
prescribed
camber/cr Nil Daily 7-15 days MORT&H Specification 408.4
slope of
oss fall
camber
/cross fall
<15 %
Embankme variation in
Nil Daily 7-15 days MORT&H Specification 408.4
nt Slopes prescribe
side slope
Embankme
nt Nil Nil Daily 7-15 days MORT&H Specification
Protection NA
Daily
Rain Cuts/ Specially
Gullies in Nil Nil During 7-15 days MORT&H Specification
slope Rainy
Season NA

In addition to the above performance criterion, the contractor shall strictly maintain the rigid pavements as per requirements in the following table
Table -2: Maintenance Criteria for Rigid Pavements:

S.No. Type of Distress Measured Degree of Assessment Rating Repair Action

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
142
PWD,NH Schedules to Concession Agreement

Parameter Severity
For the case d < D/2 For the case d > D/2

CRACKING
0 Nil, not discernible
No Action Not applicable
1 w < 0.2 mm. hair cracks
w = 0.2 - 0.5 mm, discernible from
2 Seal, and stitch if L >
slow-moving car
w = width of crack Seal without delay lm.
Single Discrete Cracks w = 0.5 - 1.5 mm, discernible from
L = length of crack 3 Within 7days
1 Not intersecting with fast-moving car
d = depth of crack
any joint 4 w = 1.5 - 3.0 mm
D = depth of slab Staple or Dowel Bar
Seal, and stitch if L > l m. Retrofit, FDR for
5 w > 3 mm. Within 7 days affected portion.
Within 15days
0 Nil, not discernible No Action
1 w < 0.2 mm, hair cracks Staple or Dowel Bar
Route and seal with epoxy.
w = 0.2 - 0.5 mm, discernible from slow Retrofit.
2 Within 7 days
vehicle Within 15days
Route, seal and stitch, if L
w = 0.5 - 3.0 mm, discernible from fast
Single Transverse (or w = width of crack 3 > 1 m.
vehicle
Diagonal) Crack L = length of crack Within 7 days
2 Dowel Bar Retrofit. Full Depth Repair
intersecting with one d = depth of crack
or more joints D = depth of slab 4 w = 3.0 - 6.0 mm Within 15 days Dismantle and
reconstruct affected.
Portion with norms
w > 6 mm, usually associated with Not Applicable, as it may and specifications -
5 spalling, and/or slab rocking under be full See Para 5.5 & 9.2
traffic depth Within 15days

w = width of crack 0 Nil, not discernible No Action

Single Longitudinal
L = length of crack Staple or dowel bar
3 Crack intersecting with w < 0.5 mm, discernable from slow Seal with epoxy, if L > 1 m.
d = depth of crack 1 retrofit.
one or more joints moving vehicle Within 7 days
D = depth of slab Within 15days

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
140
PWD,NH Schedules to Concession Agreement

Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d < D/2 For the case d > D/2

Route seal and stitch, if L >

w = 0.5 - 3.0 mm, discernible from fast
2 l m. -
vehicle
Within 15 days
Staple, if L > 1 m.
3 w = 3.0 - 6.0 mm Partial Depth Repair
Within 15 days
with stapling.
w = 6.0 - 12.0 mm, usually associated
4 Within 15 days
with spalling
Full Depth Repair
Not Applicable, as it may Dismantle and
w > 12 mm, usually associated with be full reconstruct affected
5 spalling, and/or slab rocking under depth portion as per norms
traffic and specifications -
See Para 5.6.4
Within 15 days
0 Nil, not discernible No Action
1 w < 0.2 mm, hair cracks
Seal, and stitch if L > l m. -
w = 0.2 - 0.5 mm. discernible from slow
2 Within 15 days
vehicle
Multiple Cracks
w = 0.5 - 3.0 mm, discernible from fast
4 intersecting with one w = width of crack 3 Dismantle, Reinstate
vehicle
or more joints subbase, Reconstruct
w = 3.0 - 6.0 mm panel broken into 2 Full depth repair within 15
4 whole slab as per
or 3 pieces days
specifications within 30
w > 6 mm and/or panel broken into days
5
more than 4 pieces
0 Nil, not discernible No Action -
w = width of crack 1 w < 0.5 mm; only 1 corner broken Seal with low viscosity Seal with epoxy seal
5 Corner Break
L = length of crack w < 1.5 mm; L < 0.6 m, only one corner epoxy to with epoxy
2
broken secure broken parts Within 7days

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
141
PWD,NH Schedules to Concession Agreement

Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d < D/2 For the case d > D/2

Within 7 days
w < 1.5 mm; L < 0.6 m, two corners
3
broken
Full depth repair
w > 1.5 mm; L > 0.6 m or three corners
4 Partial Depth (Refer Figure
broken
8.3 of
IRC:SP: 83-2008) Reinstate sub-base,
Within 15 days and reconstruct the
5 three or four corners broken slab as per norms and
specifications within
30days
0 Nil, not discernible No Action
1 w < 0.5 mm; L < 3 m/m2 Seal with low viscosity
2 either w > 0.5 mm or L < 3 m/m2 epoxy to secure
Punchout (Applicable broken parts.
to Continuous 3 w > 1.5 mm and L < 3 m/m2 Within 15days
w = width of crack
6 Reinforced Concrete 4 w > 3 mm, L < 3 m/m2 and deformation Not Applicable, as it may be Full depth repair - Cut
L = length (m/m2)
Pavement (CRCP) full depth out and replace
only) damaged area taking
5 w > 3 mm, L > 3 m/m2 and deformation care not to damage
reinforcement.
Within 30days
Surface Defects
Short Term Long Term
0 Nil, not discernible
No action.
r = area damaged
1 r<2% Local repair of areas
surface/total surface
Ravelling or Honeycomb damaged
7 of slab (%) h =
type surface 2 r = 2 - 10 % and liable to be damaged. Not Applicable
maximum depth of
Within 15 days
damage
3 r = 10-25% Bonded Inlay, 2 or 3 slabs if
4 r = 25 - 50 % affecting.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
142
PWD,NH Schedules to Concession Agreement

Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d < D/2 For the case d > D/2

Within 30 days
Reconstruct slabs, 4 or
5 r > 50% and h > 25 mm more slabs if affecting.
Within 30 days
Short Term Long Term
0 Nil, not discernible
No action.
1 r<2% Local repair of areas
r = damaged
damaged
surface/total surface
2 r = 2 - 10 % and liable to be damaged.
8 Scaling of slab (%)
Within 7days Not Applicable
h = maximum depth
3 r = 10 - 20% Bonded Inlay within 15
of damage
4 r = 20 - 30 % days
Reconstruct slab within 30
5 r > 30 % and h > 25 mm
days
0
No action.
1 t > 1 mm
2' t = 1 - 0.6 mm
3 t = 0.6 - 0.3 mm Monitor rate of deterioration
4 t = 0.3 - 0.1 mm
Polished t = texture depth, Diamond Grinding if
9 Not Applicable
Surface/Glazing sand patch test affecting
50% or more slabs in a
5 t < 0.1 mm continuous stretch of
minimum
5 km.
Within 30 days
0 d < 50 mm; h < 25 mm; n < 1 per 5 m2 No action.
n = number/m2
Popout (Small Hole), d = 50 - 100 mm; h < 50 mm; n < 1 Partial depth repair 65 mm
10 d = diameter 1 Not Applicable
Pothole Refer Para 8.4 per 5 m2 deep.
h = maximum depth
2 d = 50 - 100 mm; h > 50 mm; n < 1 Within 15 days

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
143
PWD,NH Schedules to Concession Agreement

Repair Action
Measured Degree of
S.No. Type of Distress Assessment Rating
Parameter Severity For the case d < D/2 For the case d > D/2

per 5 m2
d = 100 - 300 mm; h < 100 mm n < 1 Partial depth repair 110mm
3
per 5 m2 i.e.10 mm more than the
depth
d = 100 - 300 mm; h > 100 mm; n < 1
4 of the hole.
per 5 m2
Within 30 days
d > 300 mm; h > 100 mm: n > 1 per 5 Full depth repair.
5
m2 Within 30 days

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
144
 Joint Defects
Short Term Long Term
0 Difficult to discern.
No action.
Discernible, L< 25% but of little
immediate consequence with
1 regard to ingress of water or Clean joint, inspect later.
trapping incompressible
loss or damage material.
11 Joint Seal Defects L = Length as % total joint Notable. L > 25% insufficient
Clean and reapply sealant in Not Applicable
length protection against ingress of
3 selected locations.
water and trapping
Within 7 days
incompressible material.
Severe; w > 3 mm negligible
protection against ingress of Clean, widen and reseal the joint.
5
water and trapping Within 7 days
incompressible material.
0 Nil, not discernible No action.
1 w < 10 mm Apply low viscosity epoxy resin/ mortar in
cracked portion.
2 w = 10 - 20 mm, L < 25%
Within 7 days
w = width on either side of
Partial Depth Repair.
the joint L = length of 3 w = 20 - 40 mm, L > 25%
12 Spalling of Joints Within 15 days Not Applicable
spalled portion (as % joint
length) 30 - 50 mm deep, h = w + 20% of
4 w = 40 - 80 mm, L > 25%
w, within 30 days
50 - 100 mm deep repair.
5 w > 80 mm, and L > 25% H = w + 20% of w.
Within 30 days
0 not discernible, < 1 mm No action.
No action.
1 f < 3 mm
Determine cause and observe, take action Replace the slab as
2 f = 3 - 6 mm
for diamond grinding appropriate.
Faulting (or Stepping) in
13 f = difference of level 3 f = 6 - 12 mm Diamond Grinding Within 30days
Cracks or Joints
4 f= 12 - 18 mm Raise sunken slab.
Replace the slab as
Strengthen subgrade and sub-base by
appropriate.
5 f> 18 mm grouting and
Within 30days
raising sunken slab
14 Blowup or Buckling h = vertical displacement 0 Nil, not discernible Short Term Long Term
139
PWD,NH Schedules to Concession Agreement

from normal profile

No Action
1 h < 6 mm
2 h = 6 - 12 mm Install Signs to Warn Traffic
3 h = 12 - 25 mm within 7 days
Full Depth Repair.
4 h > 25 mm
Within 30 days
shattered slabs, ie 4 or more Replace broken slabs.
5
pieces Within 30 days
0 Not discernible, h < 5 mm
No action.
1 h = 5 - 15 mm
h = 15-30 mm, Nos <20%
2 Install Signs to Warn Traffic
h = negative vertical joints
within 7 days
15 Depression displacement from normal 3 h = 30 - 50 mm Not Applicable
profile L =length 4 h > 50 mm or > 20% joints Strengthen subgrade.
Reinstate pavement at normal level if L <
5 h > 100 mm 20 m.
Within 30 days
Short Term Long Term
0 Not discernible. h < 5 mm
No action.
1 h = 5 - 15 mm Follow up.
h = positive vertical
h = 15 - 30 mm, Nos <20%
displacement from normal 2 Install Signs to Warn Traffic
16 Heave joints
profile. within 7 days Scrabble
L = length 3 h = 30 - 50 mm
4 h > 50 mm or > 20% joints Stabilise subgrade. Reinstate pavement at
normal level if length < 20 m. Within 30
5 h > 100 mm
days
0 h < 4 mm No action
Grind, in case of new construction Construction Limit for
1 h = 4 - 7 mm
within 7 days New Construction.
h = vertical displacement Replace in case of new
17 Bump Grind, in case of ongoing Maintenance
from normal profile 3 h = 7 - 15 mm construction.
within 15 days
Within 30days
Full Depth Repair. Full Depth Repair.
5 h > 15 mm
Within 30 days Within 30days

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
140
PWD,NH Schedules to Concession Agreement

Nil, not discernible Short Term Long Term

0
< 3mm No action.
1 f = 3 - 10 mm Spot repair of shoulder
2 f = 10 - 25 mm within 7 days
18 Lane to Shoulder Dropoff f = difference of level 3 f = 25 - 50 mm
4 f = 50 - 75 mm For any 100 m stretch
Fill up shoulder Reconstruct shoulder,
within 7 dayss if affecting 25% or
5 f > 75 mm
more of stretch.
Within 30days
Drainage
0 not discernible No Action
quantity of fines and
Repair cracks and joints Without Inspect and repair
water expelled through 1 to 2 slight/ occasional Nos < 10%
delay. sub-drainage at
open joints and cracks
appreciable/ Frequent 10 - distressed sections
Nos 3 to 4 Lift or jack slab within 30 days.
19 Pumping 25% and upstream.
Repair distressed pavement sections.
abundant, crack development Strengthen subgrade and subbase.
Nos/100 m stretch 5
> 25% Replace slab.
Within 30 days
0-2 No discernible problem No action.
Blockages observed in Clean drains etc within 7 days, Follow Action required to stop
Ponding on slabs due 3 to 4
20 Ponding drains, but water flowing up water damaging
to blockage of drains
Ponding, accumulation of foundation within 30
5 -do-
water observed days.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
141
PWD,NH Schedules to Concession Agreement

Table -3: Maintenance Criteria for Safety Related Items and Other Furniture Items:

Performance Frequency of Recommended Time limit for Specifications

Asset Type Level of Service (LOS) Testing Method
Parameter Measurement Remedial measures Rectification and Standards
Manual Removal of obstruction within 24 hours, in case IRC:SP 84-
As per IRC SP :84-2014, a minimum of safe Measurements of sight line affected by temporary objects such 2014
stopping sight distance shall be available with Odometer as trees, temporary encroachments.
throughout. along with video/ In case of permanent structure or design
image backup deficiency:
Availability of Safe Removal of obstruction/improvement
Highway Safe Sight Design Stopping Monthly of deficiency at the earliest
Desirable Minimum
Distance Speed, Sight
Sight Distance (m) Speed Restriction boards and suitable
kmph Distance
(m) traffic calming measures such as transverse
100 360 180 bar marking, blinkers, etc. shall be applied
80 260 130 during the period of rectification.

Visual Assessment Re - painting Cat-1 Defect – within IRC:35-2015

as per Annexure-F 24 hours
Wear <70% of marking remaining Bi-Annually
of IRC:35-2015 Cat-2 Defect - within 2
months
As per Annexure-D Re - painting Cat-1 Defect – within IRC:35-2015
During expected life Service Time
of IRC:35-2015 24 hours
Day time Visibility Cement Road - 130mcd/m2/lux Monthly
Cat-2 Defect – within
Bituminous Road - 100mcd/m2/lux
2 months
Pavement Initial and Minimum Performance for Dry Retro As per Annexure-E of Re - painting Cat-1 Defect – within IRC:35-2015
Marking reflectivity during night time: IRC:35-2015 24 hours
Design (RL) Retro Reflectivity Cat-2 Defect – within
Speed (mcd/m2/lux) 2 months
Initial (7 Minimum Threshold
Night Time Visibility Bi-Annually
days) level (TL) & warranty
period required up to
2 years
Up to 65 200 80
65 - 100 250 120

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
142
PWD,NH Schedules to Concession Agreement

Performance Frequency of Recommended Time limit for Specifications

Asset Type Level of Service (LOS) Testing Method
Parameter Measurement Remedial measures Rectification and Standards
Above 100 350 150
Initial and Minimum Performance for Night
Visibility under wet condition (Retro reflectivity):
Initial 7 days Retro reflectivity: 100 mcd/m2/lux
Minimum Threshold Level: 50 mcd/m2/lux
Initial and Minimum performance for Skid As per Annexure-G Within 24 hours IRC:35-2015
Resistance: of IRC:35-2015
Initial (7days): 55BPN
Min. Threshold: 44BPN
Skid Resistance *Note: shall be considered under urban/city Bi-Annually
traffic condition encompassing the locations like
pedestrian crossings, bus bay, bus stop, cycle
track intersection delineation, transverse bar
markings etc
Visual with Improvement of IRC:67-2012
video/image shape, in case if 48 hours in case of
backup shape is damaged. Mandatory Signs,
Cautionary and
Shape and Position as per IRC:67-2012.
Relocation as per Informatory Signs
Signboard should be clearly visible for the design
Shape and Position Daily requirement (Single and Dual post
speed of the section.
signs)

15 Days in case of
Road Signs Gantry/Cantilever Sign
boards
Testing of each Change of signboard 48 hours in case of IRC:67-2012
signboard using Mandatory Signs,
Retro Reflectivity Cautionary and
Measuring Device. Informatory Signs
Retro reflectivity As per specifications in IRC:67-2012 Bi-Annually
In accordance with (Single and Dual post
ASTM D 4956-09. signs)

1 Month in case of

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
143
PWD,NH Schedules to Concession Agreement

Performance Frequency of Recommended Time limit for Specifications

Asset Type Level of Service (LOS) Testing Method
Parameter Measurement Remedial measures Rectification and Standards
Gantry/Cantilever Sign
boards
As per IRC 86:1983 depending upon type of Use of distance
Kerb Height Bi-Annually Raising Kerb Height Within 1 Month IRC 86:1983
Kerb measuring tape
Kerb
Functionality: Functioning of Kerb painting as Visual with
Kerb Painting Daily Kerb Repainting Within 7-days IRC 35:2015
intended video/image backup
Reflective Numbers and Functionality as per specifications Within 2 months IRC:SP:84-2014,
Pavement Markers in IRC:SP:84-2014 and IRC:35-2015, unless Daily Counting New Installation IRC:35-2015
(Road Studs) specified in Schedule-B.
Visual with Within 15 days IRC:SP:84-2014
Pedestrian
Functionality: Functioning of guardrail as intended Daily video/image Rectification
Guardrail
backup
Functionality: Functioning of Safety Barriers as Visual with Within 7 days IRC:SP:84-2014,
Traffic Safety
intended Daily video/image Rectification IRC:119-2015
Barriers
backup
End Treatment of Functionality: Functioning of End Treatment as Visual with Within 7 days IRC:SP:84-2014,
Traffic Safety intended Daily video/image Rectification IRC:119-2015
Other Road
Barriers backup
Furniture
Visual with Within 7 days IRC:SP-2014,
Functionality: Functioning of Attenuators as
Attenuators Daily video/image Rectification IRC:119-2015
intended
backup
Visual with
Guard Posts and Functionality: Functioning of Guard Posts and
Daily video/image Rectification Within 15 days IRC: 79 – 1981
Delineators Delineators as intended
backup
Overhead Sign Overhead sign structure shall be structurally Visual with Within 15 days IRC:67-2012
Daily Rectification
Structure adequate video/image backup
Visual with Within 7 days IRC:SP:84-2014
Functionality: Functioning of Traffic Blinkers as
Traffic Blinkers Daily video/image Rectification
intended
backup
The illumination level Improvement in 24 hours IRC:SP:84-2014
Highway Illumination:
Daily shall be measured Lighting System
Lighting Highway Lights Minimum 40 Lux illumination on the road surface
with luxmeter
System
No major failure in the lighting system Daily - Rectification of failure 24 hours IRC:SP:84-2014

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
144
PWD,NH Schedules to Concession Agreement

Performance Frequency of Recommended Time limit for Specifications

Asset Type Level of Service (LOS) Testing Method
Parameter Measurement Remedial measures Rectification and Standards
No minor failure in the lighting system Monthly - Rectification of failure 8 hours IRC:SP:84-2014
The illumination level Improvement in 24 hours IRC:SP:84-2014
Toll Plaza Canopy Minimum 40 Lux illumination on the road surface Daily shall be measured Lighting System
Lights with luxmeter
No major/minor failure in the lighting system Daily - Rectification of failure 8 hours IRC:SP:84-2014
Obstruction in a Visual with Removal of trees Immediate IRC:SP:84-2014
minimum head- video/image backup
room of 5.5 m
above
No obstruction due to trees Monthly
carriageway or
obstruction in
Trees and visibility of road
Plantation signs
including
Visual with Timely watering and Within 90 days IRC:SP:84-2014
median Deterioration in Health of plantation shall be as per requirement of
video/image backup treatment. Or
plantation health of trees and specifications & instructions issued by Authority Daily
Replacement of Trees
bushes from time to time
and Bushes.
Vegetation Visual with Removal of Trees Immediate IRC:SP 84-2014
affecting sight line Sight line shall be free from obstruction by video/image backup
Daily
and road vegetation
structures
Cleaning of toilets - Daily - - Every 4 hours
Defects in - Rectification 24 hours
Rest Areas electrical, water
- Daily
and sanitary
installations
Other - Rectification 15 days IRC:SP 84-2014
Project
Damage or deterioration in Approach Roads, pedestrian facilities,
Facilities
truck lay-bys, bus-bays, bus- shelters, cattle crossings, Traffic Aid Daily
and
Posts, Medical Aid Posts and other works
Approach
roads

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
145
Table 5: Maintenance Criteria for Hill Roads
In addition to above, for hill roads the following provisions for maintenance is also to done.

Hill Roads

(i) Damage to Retaining wall/ Breast wall 7 (Seven) days

(ii) Landslides requiring clearance 12 (Twelve) hours
(iii) Snow requiring clearance 24 (Twenty Four) hours

Note: For all tables 1 to 5 above, latest BIS & IRC standards (even those not indicated herewith)
along with MoRTH specifications shall be binding for all maintenance activities.

139
PWD,NH Schedules to Concession Agreement

A. Flexible Pavement

Nature of Defect or deficiency Time limit for repair/

rectification

(b) Granular earth shoulders, side slopes, drains and culverts

(i) Variation by more than 1 % in the prescribed 7 (seven) days

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 prescribed side 30 (thirty) days
(embankment) slopes

(iv) Rain cuts/gullies in slope 7 (seven) days

(v) Damage to or silting of culverts and side drains 7 (seven) days

(vi) Desilting of drains in urban/semi- urban areas 24 (twenty four) hours

(vii) Railing, parapets, crash barriers 7 (seven) days (Restore

immediately if causing safety
hazard)

(c) Road side furniture including road sign and pavement marking

(i) Damage to shape or position, poor visibility or 48 (forty eight) hours

loss of retro- reflectivity

(ii) Painting of km stone, railing, parapets, crash As and when required/ Once
barriers every year

(iii) Damaged/missing signs road requiring 7 (seven) days

replacement

(iv) Damage to road mark ups 7 (seven) days

(d) Road lighting

(i) Any major failure of the system 24 (twenty four) hours

(ii) Faults and minor failures 8 (eight) hours

(e) Trees and plantation

(i) Obstruction in a minimum head- room of 5 m 24 (twenty four)hours

above carriageway or obstruction in visibility of
road signs

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
140
PWD,NH Schedules to Concession Agreement

Nature of Defect or deficiency Time limit for repair/

rectification

(ii) Removal of fallen trees from carriageway 4 (four) 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 and 15 (fifteen) days

road structures

(f) Rest area

(i) Cleaning of toilets Every 4 (four) hours

(ii) Defects in electrical, water and sanitary 24 (twenty four) hours

installations

(g) [Toll Plaza]

(h) Other Project Facilities and Approach

roads

(i) Damage in approach roads, pedestrian facilities, 15 (fifteen) days

truck lay- byes, bus-bays, bus-shelters, cattle
crossings, [Traffic Aid Posts, Medical Aid Posts]
and service roads

(ii) Damaged vehicles or debris on the road 4 (four) hours

(iii) Malfunctioning of the mobile crane 4 (four) hours

Bridges

(a) Superstructure

(i) Any damage, cracks, spalling/ scaling within 48 (forty eight) hours
Temporary measures within 15 (fifteen) days or as
specified by the Authority’s
Permanent measures
Engineer

(b) Foundations

(i) Scouring and/or cavitation 15 (fifteen) days

(c) Piers, abutments, return walls and wing walls

(i) Cracks and damages including settlement and 30 (thirty) days

tilting, spalling, scaling

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
141
PWD,NH Schedules to Concession Agreement

Nature of Defect or deficiency Time limit for repair/

rectification

(d) Bearings (metallic) of bridges

(i) Deformation, damages, tilting or shifting of 15 (fifteen) days Greasing

bearings 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 (immediately

handrails and crash barriers within 24 hours if posing
danger to safety)

(iv) Rain-cuts or erosion of banks of the side slopes of 7 (seven) days

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 or 15 (fifteen) days

obstructing the waterway

(g) Hill Roads

(i) Damage to retaining wall/breast wall 7 (seven) days

(ii) Landslides requiring clearance 12 (twelve) hours

(iii) Snow requiring clearance 24 (twenty four) hours

[Note: Where necessary, the Authority may modify the time limit for repair/rectification, or add to the
nature of defect or deficiency before issuing the bidding document, with the approval of the competent
authority.]

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
142
PWD,NH Schedules to Concession Agreement

SCHEDULE - F
(See Clause 3.1.7(a))
APPLICABLE PERMITS

1 Applicable Permits

(i) The Contractor shall obtain, as required under the Applicable Laws, the following Applicable
Permits:

(a) Permission of the State Government for extraction of boulders / stones 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.

(ii) 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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
143
PWD,NH Schedules to Concession Agreement

SCHEDULE - G

(See Clauses 7.1.1, and 19.2)

Annex-I

(See Clause 7.1.)

FORM OF BANK GUARANTEE

[Performance Security/Additional Performance Security]

[[CE (NH), MPPWD, Bhopal

Ministry of Road Transport & Highways Transport Bhawan, New Delhi] WHEREAS:

WHEREAS:

(A) _______________________ [name and address of contractor] (hereinafter called the Contractor") and
...................................................................................................., (hereinafter called the “Authority”) have
entered into an agreement (hereinafter called the “Agreement”) for the “Balance work of rehabilitation
and construction of Barela – mandla section of nh-30 from km 22/8 to 89/6 (length-63.55) two lane
with paved shoulder in the State of Madhya Pradesh on EPC mode” subject to and in accordance with
the provisions of the Agreement.

(B) The Agreement requires the Contractor to furnish a Performance Security for due and faithful
performance of its obligations, under and in accordance with the Agreement, during the
{Construction Period/ Defects Liability Period and Maintenance Period} (as defined in the
Agreement) in a sum of Rs….. cr. (Rupees ………..….. Crore) (the “Guarantee Amount”).

(C) We, ………………….. through our branch at …………………. (the “Bank”) have agreed to
furnish this bank guarantee (hereinafter called the “Guarantee”) by way of Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of the
Contractor’s obligations during the Construction Period/ Defects Liability Period and Maintenance Period
under and in accordance with the Agreement, and agrees and undertakes to pay to the Authority, upon its
mere first written demand, and without any demur, reservation, recourse, contest or protest, and without
any reference to the Contractor, such sum or sums up to an aggregate sum of the Guarantee Amount as the
Authority shall claim, without the Authority being required to prove or to show grounds or reasons for its
demand and/or for the sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of CE –RO MoRT&H, that
the Contractor has committed default in the due and faithful performance of all or any of its obligations
under and in accordance with the Agreement shall be conclusive, final and binding on the Bank. The Bank
further agrees that the Authority shall be the sole judge as to whether the Contractor is in default in due and

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
144
PWD,NH Schedules to Concession Agreement

faithful performance of its obligations during and under the Agreement and its decision that the Contractor
is in default shall be final and binding on the Bank, notwithstanding any differences between the Authority
and the Contractor, or any dispute between them pending before any court, tribunal, arbitrators or any
other authority or body, or by the discharge of the Contractor for any reason whatsoever

3.In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank were the
principal debtor and any change in the constitution of the Contractor and/or the Bank, whether by their
absorption with any other body or corporation or otherwise, shall not in any way or manner affect the
liability or obligation of the Bank under this Guarantee.

4.It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to proceed against
the Contractor before presenting to the Bank its demand under this Guarantee.

5.The Authority shall have the liberty, without affecting in any manner the liability of the Bank under this
Guarantee, to vary at any time, the terms and conditions of the Agreement or to extend the time or period
for the compliance with, fulfillment and/ or performance of all or any of the obligations of the Contractor
contained in the Agreement or to postpone for any time, and from time to time, any of the rights and
powers exercisable by the Authority against the Contractor, and either to enforce or forbear from enforcing
any of the terms and conditions contained in the Agreement and/or the securities available to the Authority,
and the Bank shall not be released from its liability and obligation under these presents by any exercise by
the Authority of the liberty with reference to the matters aforesaid or by reason of time being given to the
Contractor or any other forbearance, indulgence, act or omission on the part of the Authority or of any
other matter or thing whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this Guarantee and
the Bank hereby waives all of its rights under any such law.

6.This Guarantee is in addition to and not in substitution of any other guarantee or security now or which
may hereafter be held by the Authority in respect of or relating to the Agreement or for the fulfillment,
compliance and/or performance of all or any of the obligations of the Contractor under the Agreement.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee Amount and this Guarantee will remain in force for the period specified in
paragraph 8 below and unless a demand or claim in writing is made by the Authority on the Bank under
this Guarantee all rights of the Authority under this Guarantee shall be forfeited and the Bank shall be
relieved from its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim under this
Guarantee is made in writing before expiry of the Guarantee, the Bank shall be discharged from its
liabilities hereunder.

9.The Bank undertakes not to revoke this Guarantee during its currency, except with the previous express
consent of the Authority in writing, and declares and warrants that it has the power to issue this Guarantee
and the undersigned has full powers to do so on behalf of the Bank.

10.Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to the
Bank at its above referred branch, which shall be deemed to have been duly authorized to receive such
notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been given at
the time when it ought to have been delivered in due course of post and in proving such notice, when given
by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate
signed by an officer of the Authority that the envelope was so posted shall be conclusive.

$ Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause
7.2 of the Agreement).

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
145
 PWD,NH Schedules to Concession Agreement

11. This Guarantee shall come into force with immediate effect and shall remain in force and effect for up to
the date specified in paragraph 8 above or until it is released earlier by the Authority pursuant to the
provisions of the Agreement.

12. This guarantee shall also be operatable at our……………….. Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.

Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

NOTES:

(i) The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing branch.

$Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause
7.2 of the Agreement).

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
146
PWD,NH Schedules to Concession Agreement

Annex – II
(Schedule - G)
(See Clause 19.2)

Annex-II : Form for Guarantee for Advance Payment

[[CE (NH), MPPWD, Bhopal

Ministry of Road Transport & Highways Transport Bhawan, New Delhi]

WHEREAS:

(A) name and address of contractor] (hereinafter called the “Contractor") has executed an agreement
(hereinafter called the “Agreement”) with.................................................................................
(hereinafter called the “Authority”) for the “Balance work of rehabilitation and construction
of Barela – mandla section of nh-30 from km 22/8 to 89/6 (length-63.55) two lane with paved
shoulder in the State of Madhya Pradesh on EPC mode” subject to and in accordance with the
provisions of the Agreement.

(B) In accordance with Clause 19.2 of the Agreement, the Authority shall make to the Contractor an
interest bearing @Bank Rate + 3% advance payment (herein after called “Advance Payment”)
equal to 10% (ten per cent) of the Contract Price; and that the Advance Payment shall be made in
two installments subject to the Contractor furnishing an irrevocable and unconditional guarantee
by a scheduled bank for an amount equivalent to 110% (one hundred and ten percent) of such
installment to remain effective till the complete and full repayment of the installment of the
Advance Payment as security for compliance with its obligations in accordance with the
Agreement. The amount of {first/second} installment of the Advance Payment is Rs. ------ cr.
(Rupees ------ crore) and the amount of this Guarantee is Rs. ------- cr. (Rupees ------ crore) (the
“Guarantee Amount”)$.

(C) We, through our branch at …………………. (The “Bank”) have agreed to furnish this bank
guarantee (hereinafter called the “Guarantee”) for the amount of Rs. --------- cr. (Rs. ------------
Crore) (the “Guarantee Amount”).

NOW, THEREFORE, the Bank hereby unconditionally and irrevocably guarantees and affirms as follows:

1. The Bank hereby unconditionally and irrevocably undertakes to pay to the Authority, upon its
mere first written demand, and without any demur, reservation, recourse, contest or protest, and
without any reference to the Contractor, such sum or sums up to an aggregate sum of the
Guarantee Amount as the Authority shall claim, without the Authority being required to prove or
to show grounds or reasons for its demand and/or for the sum specified therein.

A letter from the Authority, under the hand of an officer not below the rank of General Manager,
National Highways Authority of India, that the Contractor has committed default in the due and
faithful performance of all or any of its obligations for under and in accordance with the
Agreement shall be conclusive, final and binding on the Bank. The Bank further agrees that the
Authority shall be the sole judge as to whether the Contractor is in default in due and faithful
performance of its obligations during and under the Agreement and its decision that the
Contractor is in default shall be final, and binding on the Bank, notwithstanding any differences
between the Authority and the Contractor, or any dispute between them pending before any court,
tribunal, arbitrators or any other authority or body, or by the discharge of the Contractor for any
reason whatsoever.

$ The Guarantee Amount should be equivalent to 110% of the value of the applicable instalment.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
147
PWD,NH Schedules to Concession Agreement

2. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Contractor and/or the Bank, whether
by their absorption with any other body or corporation or otherwise, shall not in any way or
manner affect the liability or obligation of the Bank under this Guarantee.

3. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to proceed
against the Contractor before presenting to the Bank its demand under this Guarantee.

4. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Retention Money and
any of the rights and powers exercisable by the Authority against the Contractor, and either to
enforce or forbear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be released from its
liability and obligation under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the Contractor or any other
forbearance, indulgence, act or omission on the part of the Authority or of any other matter or
thing whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.

5. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the Authority in respect of or relating to the Retention Money.

6. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee Amount and this Guarantee will remain in force for the period
specified in paragraph 8 below and unless a demand or claim in writing is made by the Authority
on the Bank under this Guarantee all rights of the Authority under this Guarantee shall be
forfeited and the Bank shall be relieved from its liabilities hereunder.

7. The Guarantee shall cease to be in force and effect on ****.$ Unless a demand or claim under this
Guarantee is made in writing on or before the aforesaid date, the Bank shall be discharged from its
liabilities hereunder.

8. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.

9. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
the Bank at its above referred branch, which shall be deemed to have been duly authorized to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed
to have been given at the time when it ought to have been delivered in due course of post and in
proving such notice, when given by post, it shall be sufficient to prove that the envelope
containing the notice was posted and a certificate signed by an officer of the Authority that the
envelope was so posted shall be conclusive.

10. This Guarantee shall come into force with immediate effect and shall remain in force and effect
up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Agreement.

11. This guarantee shall also be operatable at our……………….. Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder

$Insert a date being 90 (ninety) days after the end of one year from the date of payment of the Advance
payment to the Contractor (in accordance with Clause 19.2 of the Agreement).

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
148
PWD,NH Schedules to Concession Agreement

claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.
Signed and sealed this ………. day of …... 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

NOTES:

(i) The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing branch.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
149
PWD,NH Schedules to Concession Agreement

Annex – III
(Schedule - G)
(See Clause 19.2)

Form for Guarantee for Advance Payment

To,

Authority

.................................,

................................

..............................,
.............................

WHEREAS:
(A) --
-------------------------------------------- name and address of contractor] (hereinafter called the
“Contractor") has executed an agreement (hereinafter called the “Agreement”) with
............................................................................................., (hereinafter called the “Authority”) for
Balance work of rehabilitation and construction of Barela – mandla section of nh-30 from km
22/8 to 89/6 (length-63.55) two lane with paved shoulder in the State of Madhya Pradesh on
EPC mode” subject to and in accordance with the provisions of the Agreement

(B) In accordance with Clause 19.2 of the Agreement, the Authority shall make to the Contractor an
interest free advance payment (herein after called “Advance Payment”) equal to 10% (ten per
cent) of the Contract Price; and that the Advance Payment shall be made in three installments
subject to the Contractor furnishing an irrevocable and unconditional guarantee by a scheduled
bank for an amount equivalent to 110% (one hundred and ten percent) of such installment to
remain effective till the complete and full repayment of the installment of the Advance Payment as
security for compliance with its obligations in accordance with the Agreement. The amount of
{first/second/third} installment of the Advance Payment is Rs. ------ cr. (Rupees ------ Crore) and
the amount of this Guarantee is Rs. ------- cr. (Rupees ------ Crore) (the “Guarantee Amount”)$.
(C) We, through our branch at …………………. (The “Bank”) have agreed to furnish this bank
guarantee (hereinafter called the “Guarantee”) for the Guarantee Amount.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful repayment on
time of the aforesaid installment of the Advance Payment under and in accordance with the
Agreement, and agrees and undertakes to pay to the Authority, upon its mere first written demand,
and without any demur, reservation, recourse, contest or protest, and without any reference to the
Contractor, such sum or sums up to an aggregate sum of the Guarantee Amount as the Authority
shall claim, without the Authority being required to prove or to show grounds or reasons for its
demand and/or for the sum specified therein.

$ The Guarantee Amount should be equivalent to 110% of the value of the applicable instalment.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
150
PWD,NH Schedules to Concession Agreement

2. A letter from the Authority, under the hand of an officer not below the rank of General Manager,
in National Highways Authority of India), that the Contractor has committed default in the due and
faithful performance of all or any of its obligations for the repayment of the installment of the
Advance Payment under and in accordance with the Agreement shall be conclusive, final and
binding on the Bank. The Bank further agrees that the Authority shall be the sole judge as to
whether the Contractor is in default in due and faithful performance of its obligations during and
under the Agreement and its decision that the Contractor is in default shall be final and binding on
the Bank, notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or
body, or by the discharge of the Contractor for any reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Contractor and/or the Bank, whether
by their absorption with any other body or corporation or otherwise, shall not in any way or
manner affect the liability or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to proceed
against the Contractor before presenting to the Bank its demand under this Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Advance Payment or to
extend the time or period of its repayment or to postpone for any time, and from time to time, any
of the rights and powers exercisable by the Authority against the Contractor, and either to enforce
or forbear from enforcing any of the terms and conditions contained in the Agreement and/or the
securities available to the Authority, and the Bank shall not be released from its liability and
obligation under these presents by any exercise by the Authority of the liberty with reference to the
matters aforesaid or by reason of time being given to the Contractor or any other forbearance,
indulgence, act or omission on the part of the Authority or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision have the effect
of releasing the Bank from its liability and obligation under this Guarantee and the Bank hereby
waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the Authority in respect of or relating to the Advance Payment.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee Amount and this Guarantee will remain in force for the period specified
in paragraph 8 below and unless a demand or claim in writing is made by the Authority on the
Bank under this Guarantee all rights of the Authority under this Guarantee shall be forfeited and
the Bank shall be relieved from its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on ****.$ Unless a demand or claim under this
Guarantee is made in writing on or before the aforesaid date, the Bank shall be discharged from its
liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to issue
this Guarantee and the undersigned has full powers to do so on behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
the Bank at its above referred branch, which shall be deemed to have been duly authorised to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed

$Insert a date being 90 (ninety) days after the end of one year from the date of payment of the Advance
payment to the Contractor (in accordance with Clause 19.2 of the Agreement).

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
151
PWD,NH Schedules to Concession Agreement

to have been given at the time when it ought to have been delivered in due course of post and in
proving such notice, when given by post, it shall be sufficient to prove that the envelope containing
the notice was posted and a certificate signed by an officer of the Authority that the envelope was
so posted shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force and effect up
to the date specified in paragraph 8 above or until it is released earlier by the Authority pursuant to
the provisions of the Agreement.

12. This guarantee shall also be operatable at our……………….. Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.

Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

NOTES:

(i) The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing branch.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
152
PWD,NH Schedules to Concession Agreement

Schedule-H
(See Clauses 10.1 (iv) and 19.3)
Contract Price Weightages

1.1 The Contract Price for this Agreement is (Rs. 53,94,35,396/-).

1.2 Proportions of the Contract Price for different stages of Construction of the Project
Highway shall be as specified below:

Table 1.2.1

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
Road works including culverts, 6.03% A- Widening and strengthening
Widening and repair of culverts of existing road
(1) Earthwork up to top of
0.00%
subgrade
(2) Sub-base Course 0.00%
(3) Non Bituminous Base Course 0.00%
(4) Conventional White topping
0.00%
Overlay
(5) Wearing Coat 0.00%
(6) Widening and repair of culverts 0.00%
B.1 - Reconstruction/New 2-
Lane Realignmnet/Bypass
(Flexible Pavement)
(1) Earthwork up to top of 0.00%
subgrade
(2) Construction of Shoulders 0.00%
(3) Sub-base Course 0.00%
(4) Non Bituminous Base Course 0.00%
(5) Bituminous Base Course 0.00%
(6) Wearing Coat 0.00%
B.2- Reconstruction/New 2-
Lane/ Realignment/Bypass
(Rigid Pavement)
(1) Earthwork up to top of
0.61%
subgrade
(2) Hill Cutting work 58.30%
(3) Sub-base Course 0.71%
(4) Construction of Shoulders 9.22%
(5) Dry Lean Concrete (DLC)
2.10%
Course
(6) Pavement Quality Control
29.06%
(PQC) Course ,Dowel & Tie Bar

C.1 - Reconstruction/New
Service Road/Slip Road (Flexible
Pavement)
(1) Earthwork up to top of 0.00%

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
153
PWD,NH Schedules to Concession Agreement

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
subgrade
(2) Sub-base Course 0.00%
(3) Non Bituminous Base Course 0.00%
(4) Bituminous Base Course 0.00%
(5) Wearing Coat 0.00%

C.2 - Reconstruction/New
Service Road/Slip Road (Rigid
Pavement)
(1) Earthwork up to top of
0.00%
subgrade
(2) Sub-base Course 0.00%
(3) Dry Lean Concrete (DLC)
0.00%
Course
(4) Pavement Quality Control
0.00%
(PQC) Course ,Dowel & Tie Bar

D- Re-construction,Widening
and New Culverts on existing
road,realignmnets,bypasses
Culverts(length<6m) 0.00%
Minor Bridges/ Underpasses/ 1.31% A.1- Widening and repair of
Overpasses Minor Bridges (length>6 m and
< 60 m)
Minor Bridges 0.00%

A.2- New Minor Bridges

(length>6 m and < 60 m)
(1)Foundation + Substructure:
On completion of the foundation
work including foundation for 0.00%
wing and return walls, abutment,
piers upto the abutment/pier cap.
(2) Super- Structure: On
completion of the super-structure
in all respects including wearing
coat, expansion joint, hand rails, 0.00%
crash barrier, road sign & marking,
tests on completion etc. complete
in all respect.
(3) Approaches: On completion of
approaches including Retaining
walls, stone pitching, protection 0.00%
works complete in all respect and
fit for use.
(4) Guide Bunds and River
Training works: On completion 0.00%
of Guide Bunds and river Training

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
154
PWD,NH Schedules to Concession Agreement

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
works complete in all respects.
(5) Other Works (Reinforcement
0.00%
Earthwork & Backfillings)
A.3- Reconstruction of Minor
Bridges (length>6 m and < 60 m)
(1)Foundation + Substructure:
On completion of the foundation
work including foundation for 0.00%
wing and return walls, abutment,
piers upto the abutment/pier cap.
(2) Super- Structure: On
completion of the super-structure
in all respects including wearing
coat, expansion joint, hand rails, 0.00%
crash barrier, road sign & marking,
tests on completion etc. complete
in all respect.
(3) Approaches: On completion of
appraches including Retaining
walls, stone pitching, protection 0.00%
works complete in all respect and
fit for use.
(4) Guide Bunds and River
Training works: On completion
0.00%
of Guide Bunds and river Training
works complete in all respects.
(5) Other Works 0.00%
B.1- Widening and Repair of
underpasses/ overpasses
Underpass/Overpasses 0.00%
B.2- New underpasses/
overpasses
(1) Foundation + Sub-structure:
On completion of the foundation
work including foundation for 0.00%
wing and return walls, abutment,
piers upto the abutment/pier cap.
(2) Super- Structure: On
completion of the super-structure
in all respects including wearing
coat, expansion joint, hand rails, 0.00%
crash barrier, road sign & marking,
tests on completion etc. complete
in all respect.
Wearing Coat (a) in case of
Overpass- wearing coat including
0.00%
expansion joint complete in all
respect as specified and (b) in case

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
155
PWD,NH Schedules to Concession Agreement

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
of underpass- rigid pavement
including drainage facility
complete in all respect as specified
as specified.
(3) Approaches: On completion of
approches including Retaining
walls/ Reinforced Earth walls,
100%
stone pitching, protection works
complete in all respect and fit for
use.
Major Bridge (Length>60 m.) 0% A.1- Widening and repairs of
works and ROB/RUB/elevated Major Bridges
section/ flyover including (1) Foundation 0.00%
viaducts, if any (2) Sub-structure 0.00%
(3) Super- structure (including
0.00%
bearing)
(4) Wearing Coat including
0.00%
expansion joints
(5) Miscellaneous Items like hand
0.00%
rails, crash barriers, road markings
(6) Wing walls/ returning wall 0.00%
(7) Guide Bunds, River Training
0.00%
works etc.
(8) Approaches (Retaining wall
stone pitching and protection 0.00%
works)
A.2- New Major Bridges
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super- structure (including 0.00%
bearing)
(4) Wearing Coat including 0.00%
expansion joints
(5) Miscellaneous Items like hand 0.00%
rails, crash barriers, road markings
(6) Wing walls/ returning wall 0.00%
(7) Guide Bunds, River Training 0.00%
works etc.
(8) Approaches (Retaining wall 0.00%
stone pitching and protection
works)
(9) Other (Filter Media,Weep 0.00%
holes)

A.3- Reconstruction of Major

Bridges
(1) Foundation 0.00%
(2) Sub-structure 0.00%

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
156
PWD,NH Schedules to Concession Agreement

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
(3) Super- structure (including
0.00%
bearing)
(4) Wearing Coat including
0.00%
expansion joints
(5) Miscellaneous Items like hand
0.00%
rails, crash barriers, road markings
(6) Wing walls/ returning wall 0.00%
(7) Guide Bunds, River Training
0.00%
works etc.
(8) Approaches (Retaining wall
stone pitching and protection 0.00%
works)
(9) Others 0.00%

B.2- New ROB/RUB

(a) ROB 0.00%
(b) RUB 0.00%
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super- structure (including
0.00%
bearing)
(4) Wearing coat: (a) in case of
ROB- wearing coat including
expansion joint complete in all
respect as specified and (b) in case 0.00%
of RUB- rigid pavement including
drainage facility complete in all
respect as specified as specified.
(5) Miscellaneous Items like hand
rails, crash barriers, road markings 0.00%
etc
(6) Wing walls/ returning wall 0.00%
(7) Approaches (including
Retaining wall, stone pitching and 0.00%
protection works)
C.1- Widening and Repair of
Elevated Section /Flyover/ Grade
Separators
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super- structure (including
0.00%
bearing)
(4) Wearing coat including
0.00%
expansion joints
(5) Miscellaneous Items like hand
rails, crash barriers, road markings 0.00%
etc
(6) Wing walls/ returning wall 0.00%

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
157
PWD,NH Schedules to Concession Agreement

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
(7) Approaches (including
Retaining wall/Reinforced Earth
0.00%
wall, stone pitching and protection
works)
C.2- New Elevated Section/
Flyovers/ Grade Separators/VUP
(1) Foundation 0.00%
(2) Sub-structure 0.00%
(3) Super- structure (including 0.00%
bearing)
(4) Wearing coat including 0.00%
expansion joints
(5) Miscellaneous Items like hand 0.00%
rails, crash barriers, road markings
etc
(6) Wing walls/ returning wall 0.00%
(7) Approaches (including 0.00%
Retaining wall, Reinforced earth
wall,stone pitching and protection
works)
(8) OTHERS (Filter Media,Weep 0.00%
holes)
(9) V type Drain in VUPs Slip 0.00%
Roads
Other works 91.26% (i) Toll Plaza 0.90%
(ii) Road side drains Surface Drain 0.00%
(a) Box type covered drain 0.27%
(b) Trapezoidal drain 0.82%
(iii) Road signs, markings, Km 6.56%
stones, safety device , boundary
stone, Rumble Strip,MS Railing,
Kerb stone etc.
(iv) W Metal Beam Crash Barrier 17.37%
(iv) Project facilities 0.00%
(a) Bus Bays and Shelter 9.60%
(b) Truck lay bye with all facilities 1.62%
(c) Overhead gantry 1.04%
(d) Junction Improvement 0.61%
(e) Street Lighting/ High mast 0.00%
Lighting/ Blinkers
(v) Site Clearance 0.00%
(vi) Road side plantation with tree 1.58%
guard
Pipe culvcerts at Junctions (24 0.00%
nos.)
(vii) Pver block near VUP/bus lay 0.00%
hyes/truck lay byes
(viii) Repair of protection works 13.13%

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
158
PWD,NH Schedules to Concession Agreement

Weightage in Percentage
percentage to weightage to
Item Stage for Payment
the Contract Particular
Price item (col.2)
1 2 3 4
other than approaches to the
bridges, elevated sections/
flyovers/grade separators and
ROBS/RUBS.
(ix) Safety and traffic management 0.00%
during construction
(x) Rain Water Harvesting 0.00%
(xi) Slip road with shoulder at 1.71%
VUP
(xii) Repair of Bridges (MJB & 1.66%
MNB)
(xiii) Retaining/ Toe wall 5.64%
(xiv) Rectification work of
executed highway
(a) Replacement of PQC panel 8.51%
(b) Stitching of Cracked PQC
0.20%
panel
(c) Repair of spalled joint with
0.33%
fresh sealant material
(d) DBM for profile correction
1.73%
improving riding quality
(e) BC for improving riding quality 25.14%
(f) Granular Shoulder 0.03%
(g) Strengthening of diversion 1.55%
Utlities 1.41% (i)Electrical Utilities:
(a) 0%
[(a)EHT line
(b) 0%
(b)EHTcrossings
(c) 0%
(c)HTI LT line
(d) 0%
(d) HTI LT Crossings ]
(ii) Public Health Utilities:
[(a)Water pipeline (a) 73.09%
(b)Water pipeline Crossings (b) 0%
(c) Sewage lines (c) 0%
(d) Sewage line Crossings (d) 0%
(e) Hand Pump] (e) 13.35%
(iii) CPR structures 13.56%

1.3 Procedure of estimating the value of work done.

1.3.1 Road works
Procedure for estimating the value of road work done shall be as follows:
Table 1.3.1
Stage of Payment Percentage- Payment Procedure
weightage
A- Widening and strengthening of Unit of measurement is linear
existing road length payment of each stage
(1) Earthwork up to top of subgrade 0.00% shall be made on prorate basis on
(2) Sub-base Course 0.00% completion of a stage in a length

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
159
PWD,NH Schedules to Concession Agreement

Stage of Payment Percentage- Payment Procedure

weightage
(3) Non Bituminous Base Course 0.00% of not less than 10 percent of the
(4) Conventional White topping Overlay 0.00% total length.
(5) Wearing Coat 0.00%
(6) Widening and repair of culverts 0.00% Cost of completed culvert shall
be determined pro rata basis with
respect to the total no. of culvert.
The payment shall be made on
the completion of at least five
culverts.
B.1 - Reconstruction/New 2-Lane Unit of measurement is linear
Realignment/Bypass (Flexible Pavement) length payment of each stage
(1) Earthwork up to top of subgrade 0.00% shall be made on prorate basis on
(2) Construction of Shoulders 0.00% completion of a stage in full
(3) Sub-base Course 0.00% length or 5 Km length,
(4) Non Bituminous Base Course 0.00% whichever is less.
(5) Bituminous Base Course 0.00%
(6) Wearing Coat 0.00%
B.2- Reconstruction/New 2- Lane Unit of measurement is linear
Realignment/Bypass (Rigid Pavement) length payment of each stage
(1) Earthwork up to top of subgrade 0.61% shall be made on prorate basis on
(2) Hill Cutting 58.30% completion of a stage in full
(3) Sub-base Course 0.71% length or 5 Km length,
(4) Construction of Shoulder 9.22% whichever is less.
(5) Dry Lean Concrete (DLC) Course 2.10%
(6) Pavement Quality Control (PQC) 29.06%
Course, Dowel & Tie Bar
C.1 - Reconstruction/New Service Road Unit of measurement is linear
(Flexible Pavement) length payment of each stage
(1) Earthwork up to top of subgrade 0.00% shall be made on prorate basis on
(2) Sub-base Course 0.00% completion of a stage in full
(3) Non Bituminous Base Course 0.00% length or 5 Km length,
(4) Bituminous Base Course 0.00% whichever is less.
(5) Wearing Coat 0.00%
C.2 - Reconstruction/New Service Road 0.00% Unit of measurement is linear
/ New Slip road (Rigid Pavement) length payment of each stage
(1) Earthwork up to top of subgrade 0.00% shall be made on prorate basis on
(2) Sub-base Course 0.00% completion of a stage in full
(3) Dry Lean Concrete (DLC) Course 0.00% length or 5 Km length,
(4) Pavement Quality Control (PQC) 0.00% whichever is less.
Course ,Dowel & Tie Bar
D- Re-construction and New Culverts on Cost of each culvert shall be
existing road,realignmnets,bypasses determined on pro rata basis
Culverts(length<6m) 0.00% with respect to the total number
of culverts. Payment shall be
made on the completion of at
least five culverts.

@ 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

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
160
PWD,NH Schedules to Concession Agreement

L = Total length in km
Similarly, the rates per km for other stages shall be worked out accordingly.

Note: The length affected due to law and other 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 the
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.

1.3.2 Minor Bridges and Underpass/Overpasses.

Procedure for estimating the value of Minor Bridge and Underpasses/Overpasses shall be as stated in table
1.3.2:

Table 1.3.2
Stage of Payment Percentage- Payment Procedure
weightage
A.1- Widening and repair of Minor Cost of each minor bridge shall be
Bridges (length>6 m and < 60 m) Minor determined on pro rata basis with respect to
Bridges the total linear length of the minor bridge.
Payment shall be made on the completion
of widening & repair work of a minor
bridge.
Minor Bridges 0.00%
A.2- New Minor Bridges (length>6 m
and < 60 m)

(1)Foundation + Substructure: On 0.00% (i)Foundation Substructure: Cost of each

completion of the foundation work minor bridge shall be determined on pro
including foundation for wing and return rata basis with respect to the total linear (m)
walls, abutment, piers upto the of the minor bridges. Payment against
abutment/pier cap. foundation + substructure shall be made on
pro-rata basis on completion of a stage i.e.
not less than 25% of the scope of
Foundation+ Sub-structure of each bridge
subject to completion of at least two
foundation along with sub-structure upto
abutment/pier cap level of each bridge. In
case where load test is required for
foundation, the trigger of first payment
shall include load testing also where
specified.
(2) Super- Structure: On completion of 0.00% (ii) Super- Structure: Payment shall be
the super-structure in all respects including made on pro-rata basis on completion of a
wearing coat, expansion joint, hand rails, stage i.e. completion of super-structure of
crash barrier, road sign & marking, tests on at least one span in all respect as specified
completion etc. complete in all respect. in the column of " Stage of Payment" in
this sub- clause.
(3) Approaches: On completion of 0.00% (iii) Approaches: Payment shall be made
appraches including Retaining walls, stone on pro-rata basis on completion of a stage
pitching, protection works complete in all i.e. completion of approaches in all respect
respect and fit for use. as specified in the column of " Stage of
Payment" in this sub- clause.
(4) Guide Bunds and River Training 0.00% (iv) Guide Bunds and River Training
works: On completion of Guide Bunds and works: Payment shall be made on pro-rata

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
161
PWD,NH Schedules to Concession Agreement

Stage of Payment Percentage- Payment Procedure

weightage
river Training works complete in all basis on completion of a stage i.e.
respects. completion of Guide Bunda and River
training works in all respect as specified in
the column of " Stage of Payment" in this
sub- clause.
(5) Other Works (Filter Media,Weep 0.00% On completion of items.
holes)
A.3- Reconstruction of Minor Bridges
(length>6 m and < 60 m)
(1)Foundation + Substructure: On 0.00% (i)Foundation Substructure: Cost of each
completion of the foundation work minor bridge shall be determined on pro
including foundation for wing and return rata basis with respect to the total linear (m)
walls, abutment, piers upto the of the minor bridges. Payment against
abutment/pier cap. foundation + substructure shall be made on
pro-rata basis on completion of a stage i.e.
not less than 25% of the scope of
Foundation+ 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 test is required for
foundation, the trigger of first payment
shall include load testing also where
specified.
(2) Super- Structure: On completion of 0.00% (ii) Super- Structure: Payment shall be
the super-structure in all respects including made on pro-rata basis on completion of a
wearing coat, expansion joint, hand rails, stage i.e. completion of super-structure of
crash barrier, road sign & marking, tests on at least one span in all respect as specified
completion etc. complete in all respect. in the column of " Stage of Payment" in
this sub- clause.
(3) Approaches: On completion of 0.00% (iii) Approaches: Payment shall be made
appraches including Retaining walls, stone on pro-rata basis on completion of a stage
pitching, protection works complete in all i.e. completion of approaches in all respect
respect and fit for use. as specified in the column of “Stage of
Payment" in this sub- clause.
(4) Guide Bunds and River Training 0.00% (iv) Guide Bunds and River Training
works: On completion of Guide Bunds and works: Payment shall be made on pro-rata
river Training works complete in all basis on completion of a stage i.e.
respects. completion of Guide Bund and River
training works in all respect as specified in
the column of " Stage of Payment" in this
sub- clause.
(5) Other Works 0.00%
B.1- Widening and Repair of Cost of each underpass/overpass shall be
underpasses/ overpasses determined on pro rata basis with respect to
Underpass/Overpasses 0.00% the total linear length of the
under/overpass. Payment shall be made on
the completion of widening & repair work
of a underpass/overpass.
B.2- New underpasses/ overpasses
(1) Foundation + Sub-structure: On 0.00% (i)Foundation Substructure: Cost of each
completion of the foundation work Underpass/Overpass shall be determined on

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
162
PWD,NH Schedules to Concession Agreement

Stage of Payment Percentage- Payment Procedure

weightage
including foundation for wing and return pro rata basis with respect to the total linear
walls, abutment, piers upto the (m) of the Underpass/Overpass. Payment
abutment/pier cap. against foundation + substructure shall be
made on pro-rata basis on completion of a
stage i.e. not less than 25% of the scope of
Foundation+ Sub-structure of each
Underpass/overpasses subject to
completion of at least two foundations
along with sub-structure upto abutment/pier
cap level of each Underpass/overpass. In
case where load test is required for
foundation, the trigger of first payment
shall include load testing also where
specified.
(2) Super- Structure: On completion of 0.00% (ii) Super- Structure: Payment shall be
the super-structure in all respects including made on pro-rata basis on completion of a
wearing coat, expansion joint, hand rails, stage i.e. completion of super-structure of
crash barrier, road sign & marking, tests on at least one span in all respect as specified
completion etc. complete in all respect. in the column of " Stage of Payment" in
Wearing Coat (a) in case of Overpass- 0.00% this sub- clause.
wearing coat including expansion joint
complete in all respect as specified and (b)
in case of underpass- rigid pavement
including drainage facility complete in all
respect as specified as specified.
(3) Approaches: On completion of 100% (iii) Approaches: Payment shall be made
approaches including Retaining walls/ on pro-rata basis on completion of a stage
Reinforced Earth walls, stone pitching, i.e. completion of approaches in all respect
protection works complete in all respect as specified in the column of “Stage of
and fit for use. Payment" in this sub- clause.

1.3.3 Major Bridge Works, ROB/RUB & Structures

Procedure for estimating the value of Major Bridge Works, ROB/RUB & Structures shall be as stated in
table 1.3.3:
Table 1.3.3
Stage of Payment Weightage Payment Procedure
A.1- Widening and repairs of Major
Bridges
(1) Foundation 0.00% (i)Foundation: Cost of each major bridge shall be
determined on pro rata basis with respect to the total
linear (m) of the major bridges. Payment against
foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of each bridge subject to
completion of at least two foundation of the major
Bridge. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(2) Sub-structure 0.00% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
163
PWD,NH Schedules to Concession Agreement

Stage of Payment Weightage Payment Procedure

stage i.e. not less than 25% of the scope of Sub-
structure of major bridge subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the major bridge.
(3) Super- structure (including bearing) 0.00% (iii) Super- Structure: Payment shall be made on
pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(4) Wearing Coat including expansion 0.00% (iv) Wearing Coat: Payment shall be made on
joints completion of a Wearing coat including expansion
joint complete in all respect as specified.
(5) Miscellaneous Items like hand rails, 0.00% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings completion of all miscellaneous works like hand rail,
crash barrier, road marking etc. completion in all
respect as specified.
(6) Wing walls/ returning wall 0.00% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(7) Guide Bunds, River Training works 0.00% (vii) Guide Bunds, River Training works:
etc. Payment shall be made on completion of all guide
bunds/ river training complete in all respect as
specified.
(8) Approaches (Retaining wall stone 0.00% (viii) Approaches: Payment shall be made on
pitching and protection works) completion of both approaches including stone
pitching, protection works etc, complete in all
respect as specified.
A.2- New Major Bridges
(1) Foundation 0.00% (i)Foundation: Cost of each major bridge shall be
determined on pro rata basis with respect to the total
linear (m) of the major bridges. Payment against
foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of each bridge subject to
completion of at least two foundation of the major
Bridge. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(2) Sub-structure 0.00% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a
stage i.e. not less than 25% of the scope of Sub-
structure of major bridge subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the major bridge.
(3) Super- structure (including bearing) 0.00% (iii) Super- Structure: Payment shall be made on
pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(4) Wearing Coat including expansion 0.00% (iv) Wearing Coat: Payment shall be made on
joints completion of a Wearing coat including expansion
joint complete in all respect as specified.
(5) Miscellaneous Items like hand rails, 0.00% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings completion of all miscellaneous works like hand rail,

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
164
PWD,NH Schedules to Concession Agreement

Stage of Payment Weightage Payment Procedure

crash barrier, road marking etc. completion in all
respect as specified.
(6) Wing walls/ returning wall 0.00% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(7) Guide Bunds, River Training works 0.00% (vii) Guide Bunds, River Training works:
etc. Payment shall be made on completion of all guide
bunds/ river training complete in all respect as
specified.
(8) Approaches (Retaining wall stone 0.00% (viii) Approaches: Payment shall be made on
pitching and protection works) completion of both approaches including stone
pitching, protection works etc, complete in all
respect as specified.
(9) Other (Filter Media,Weep holes) 0.00%
A.3- Reconstruction of Major Bridges
(1) Foundation 0.00% (i)Foundation: Cost of each major bridge shall be
determined on pro rata basis with respect to the total
linear (m) of the major bridges. Payment against
foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of each bridge subject to
completion of at least two foundation of the major
Bridge. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(2) Sub-structure 0.00% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a
stage i.e. not less than 25% of the scope of Sub-
structure of major bridge subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the major bridge.
(3) Super- structure (including bearing) 0.00% (iii) Super- Structure: Payment shall be made on
pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(4) Wearing Coat including expansion 0.00% (iv) Wearing Coat: Payment shall be made on
joints completion of a Wearing coat including expansion
joint complete in all respect as specified.
(5) Miscellaneous Items like hand rails, 0.00% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings completion of all miscellaneous works like hand rail,
crash barrier, road marking etc. completion in all
respect as specified.
(6) Wing walls/ returning wall 0.00% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(7) Guide Bunds, River Training works 0.00% (vii) Guide Bunds, River Training works:
etc. Payment shall be made on completion of all guide
bunds/ river training complete in all respect as
specified.
(8) Approaches (Retaining wall stone 0.00% (viii) Approaches: Payment shall be made on
pitching and protection works) completion of both approaches including stone
pitching, protection works etc, complete in all

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
165
PWD,NH Schedules to Concession Agreement

Stage of Payment Weightage Payment Procedure

respect as specified.
(9) Others 0.00%
B.1- Widening and Repair of 0.000%
(a) ROB
(b) RUB 0.000%
0.000% (i)Foundation: Cost of each ROB/RUB shall be
determined on pro rata basis with respect to the total
linear (m) of the ROBs/RUBs. Payment against
foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of each ROB/RUB subject to
completion of at least two foundation of the
RUB/ROB. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(ii) Sub-structure 0.000% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a
stage i.e. not less than 25% of the scope of Sub-
structure of RUB/ROB subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the RUB/ROB.
(iii) Super- structure (including 0.000% (iii) Super- Structure: Payment shall be made on
bearing) pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(iv) Wearing Coat including expansion 0.000% (iv) Wearing Coat: Payment shall be made on
joints completion of (a) in case of ROB- Wearing coat
including expansion joint complete in all respect as
specified and (b) in case of RUB-rigid pavement
under RUB including drainage facility complete in
all respect as specified.
(v) Miscellaneous Items like hand rails, 0.000% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings completion of all miscellaneous works like hand rail,
crash barrier, road marking etc. completion in all
respect as specified.
(vi) Wing walls/ returning walls 0.000% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(vii) Guide Bunds, River Training 0.000% (vii) Guide Bunds, River Training works:
works etc. Payment shall be made on completion of all guide
bunds/ river training complete in all respect as
specified.
(viii) Approaches (Retaining wall stone 0.000% (viii) Approaches: Payment shall be made on
pitching and protection works) completion of both approaches including stone
pitching, protection works etc, complete in all
respect as specified.
B.2- New ROB/RUB
(a) RUB 0.000%
(b) ROB 0.000%
(i) Foundation 0.00% (i)Foundation: Cost of each ROB/RUB shall be
determined on pro rata basis with respect to the total
linear (m) of the ROBs/RUBs. Payment against

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
166
PWD,NH Schedules to Concession Agreement

Stage of Payment Weightage Payment Procedure

foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of each ROB/RUB subject to
completion of at least two foundation of the
RUB/ROB. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(ii) Sub-structure 0.00% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a
stage i.e. not less than 25% of the scope of Sub-
structure of RUB/ROB subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the RUB/ROB.
(iii) Super- structure (including 0.00% (iii) Super- Structure: Payment shall be made on
bearing) pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(iv) Wearing Coat including expansion 0.00% (iv) Wearing Coat: Payment shall be made on
joints completion of (a) in case of ROB- Wearing coat
including expansion joint complete in all respect as
specified and (b) in case of RUB-rigid pavement
under RUB including drainage facility complete in
all respect as specified.
(v) Miscellaneous Items like hand rails, 0.00% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings completion of all miscellaneous works like hand rail,
crash barrier, road marking etc. completion in all
respect as specified.
(vi) Wing walls/ returning walls 0.00% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(vii) Guide Bunds, River Training 0.00% (vii) Guide Bunds, River Training works:
works etc. Payment shall be made on completion of all guide
bunds/ river training complete in all respect as
specified.
(viii) Approaches (Retaining wall stone 0.00% (viii) Approaches: Payment shall be made on
pitching and protection works) completion of both approaches including stone
pitching, protection works etc, complete in all
respect as specified.
C.1- Widening and Repair of Elevated 0.00%
Section /Flyover/ Grade Separators
(i) Foundation 0.000% (i)Foundation: Cost of each structure shall be
determined on pro rata basis with respect to the total
linear (m) of the structure. Payment against
foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of structure subject to
completion of at least two foundation of the
structure. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(ii) Sub-structure 0.000% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a
stage i.e. not less than 25% of the scope of Sub-

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
167
PWD,NH Schedules to Concession Agreement

Stage of Payment Weightage Payment Procedure

structure of structure subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the structure.
(iii) Super- structure (including 0.000% (iii) Super- Structure: Payment shall be made on
bearing) pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(iv) Wearing Coat including expansion 0.000% (iv) Wearing Coat: Payment shall be made on
joints completion of all miscellaneous work like hand rails,
crash barriers, road marking etc. complete in all
respect as specified.
(v) Miscellaneous Items like hand rails, 0.000% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings completion of all miscellaneous works like hand rail,
crash barrier, road marking etc. completion in all
respect as specified.
(vi) Wing walls/ returning walls 0.000% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(vii) Approaches (including Retaining 0.000% (vii) Approaches: Payment shall be made on
wall/ Reinforced Earth wall, stone completion of both approaches including stone
pitching and protection works) pitching, protection works etc, complete in all
respect as specified.
C.2- New Elevated Section/ Flyovers/
Grade Separators
(1) Foundation 0.00% (i)Foundation: Cost of each structure shall be
determined on pro rata basis with respect to the total
linear (m) of the structure. Payment against
foundation shall be made on pro-rata basis on
completion of a stage i.e. not less than 25% of the
scope of Foundation of structure subject to
completion of at least two foundation of the
structure. In case where load test is required for
foundation, the trigger of first payment shall include
load testing also where specified.
(2) Sub-structure 0.00% (ii) Sub-Structure: Payment against Sub-structure
shall be made on pro rata basis on completion of a
stage i.e. not less than 25% of the scope of Sub-
structure of structure subject to completion of at
least two sub- structure of abutment/piers upto
abutment/ pier cap level of the structure.
(3) Super- structure (including bearing) 0.00% (iii) Super- Structure: Payment shall be made on
pro-rata basis on completion of a stage i.e.
completion of super-structure including bearing of at
least one span in all respect as specified.
(4) Wearing coat including expansion 0.00% (iv) Wearing Coat: Payment shall be made on
joints completion of all miscellaneous work like hand rails,
crash barriers, road marking etc. complete in all
respect as specified.
(5) Miscellaneous Items like hand rails, 0.00% (v) Miscellaneous: Payment shall be made on
crash barriers, road markings etc completion of all miscellaneous works like hand rail,
crash barrier, road marking etc. completion in all
respect as specified.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
168
PWD,NH Schedules to Concession Agreement

Stage of Payment Weightage Payment Procedure

(6) Wing walls/ returning wall 0.00% (vi) Wing walls/ return walls: Payment shall be
made on completion of all wing walls/return walls
complete in all respect as specified.
(7) Approaches (including Retaining 0.00% (vii) Approaches: Payment shall be made on
wall/Reinforced Earth wall, stone completion of both approaches including stone
pitching and protection works) pitching, protection works etc, complete in all
respect as specified.
(8) Other 0.00%
V Type Drain in VUPs Slip Roads 0.00%

1.3.4 Other works.

Procedure for estimating the value of other works done shall be as stated in table 1.3.4:
Table 1.3.4
Stage of Payment Weightage Payment Procedure
(i) Toll Plaza 0.90% Unit of measurement is each completed toll
plaza. Payment of each toll plaza shall be
made on pro rata basis with respect to the total
of all toll plaza.
(ii) Road side drains Surface Drain Unit of measurement is linear length in Km.
(a) Box type Covered drain payment shall be made on pro rata basis on
(b) Trapezoidal drain 0.27% completion of a stage in a length of not less
0.82% than 10% of the total traffic.
(iii) Road signs, markings, Km stones, 6.56%
safety devices, Boundary stone, Rumble
Strip, MS Railing, Kerb stone etc.
(iv) W type Metal Beam Crash Barrier 17.37%
(iv) Project facilities
(a) Bus Bays and Shelter 9.60% Payment shall be made on pro rata basis for
(b) Truck lay bye with all facilities 1.62% completed facilities.
(c) Overhead gantry 1.04%
(d) Junction Improvement 0.61%
(e) Street Lighting/ High mast Lighting/ 0.00%
Blinkers
(v) Site Clearance 0.00%
(vi) Road side plantation with tree guard 1.58% Unit of measurement is linear length in Km.
Pipe culverts at Junctions (24 nos.) 0.00% payment shall be made on pro rata basis on
(vii) Balance protection works of 13.13% completion of a stage in a length of not less
structures. than 10% of the total traffic.
(MJB – 03 Nos., MNB – 10 Nos., Slab – 12
Nos., Box – 28 Nos. & HPC – 50 Nos.
(viii) Safety and traffic management during 0.00% Payment shall be made on prorate basic every
construction six months.
(ix) Rain Water Harvesting 0.00% Payment shall be made on pro rata basis for
completed facilities.
(x) Slip road with shoulder at VUP 1.71% Payment shall be made on pro rata basis for
completed facilities.
(xi) Repair of retained Bridges (MJB – 03 1.66% Payment shall be made on pro rata basis for
Nos. & MNB – 04 Nos.) completed facilities.
(xii) Retaining/ Toe Wall (11 Locations) 5.64% Payment shall be made on pro
rata basis for completed facilities.
(xiii) Rectification of executed work Payment shall be made on pro rata basis for

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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Stage of Payment Weightage Payment Procedure

(a) Replacement of damaged PQC panel 8.51% completion of 25% of each item/ work.
(b) Stitching of Cracked PQC panel 0.20%
(c) Repair of spalled joint with fresh sealant 0.33%
material
(d) DBM for profile correction improving 1.73%
riding quality 25.14%
(e) BC for improving riding quality 0.03%
(f) Granular Shoulder 1.55%
(g) Strengthening of diversion

1.3.5 Electrical Utilities and public Health Utilities (Water pipelines and sewage lines)

Stage of Payment Weightage Payment Procedure

(a) Unit of measurement is as per completed activities. Cost
per activity shall be determined on Pro-rate basis as per its
weightage with reference to total cost of EHT line. Payment
shall be made for completed activity. (The average weightage
of major activities (only for payment purpose) in shifting
work is (i) Erection of Poles20%, (ii) Conductor stringing
including laying of cable-30%, (iii) OTR erection (if
involved) - 15% and (iv) Charging of line including
dismantling and site clearance-35% (with OTR) and
50%without OTR).
(b) Cost of each crossing shall be determined on pro-rate
(i) Electrical Utilities: basis with reference to total no. of crossings. Payment shall
[(a) EHT line be made for not less than 25% of the crossings subject to a
(b) EHT crossings 0% minimum of 4 crossings.
(c) HTI LT line (c) Unit of measurement is as per completed activities. Cost
(d) HTI LT Crossings ] per activity shall be determined on Pro-rate basis as per its
weightage with reference to total cost of EHT line. Payment
shall be made for completed activity. (The average weightage
of major activities (only for purpose) in shifting work (i)
Erection of Poles - Conductor stringing including laying of
cable - 30%, (iii) OTR erection (if involved) - 10% and (iv)
Charging of line including dismantling and site clearance -
40% (with and 50%without OTR)
(d) Cost of each crossing shall be determined on pro-data
basis with reference to total no. of crossings. Payment shall
be made for not less than 25% of the crossings subject to a
minimum of 10 crossings.
(a) Unit of measurement is as per completed activities. Cost
per activity shall be determined on Pro-rate basis as per its
(ii)Public Health Utilities
weightage with reference to total cost of Water pipe line.
(Water pipe lines and
Payment shall be made for completed activity. (The average
sewage lines):
73.09% weightage of major activities (only for payment purpose) in
[(a)Water pipeline
0% shifting work is laying of pipe - 50%,charging of line
(b)Water pipeline Crossings
0% including all miscellaneous works and dismantling and site
(c) Sewage lines
clearance - 50%)
(d) Sewage line Crossings 0%
(b) Cost of each crossing shall be determined on pro-rate
(e) Hand pump] 13.35% basis with reference to total no. of crossings. Payment shall
be made for not less than 25% of the crossings subject to a

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
170
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Stage of Payment Weightage Payment Procedure

minimum of 8 crossings
(c) Unit of measurement is as per completed activities. Cost
per activity shall be determined on Pro-rate basis as per its
weightage with reference to total cost of Water Pipe line.
Payment shall be made for completed activity. (The average
weightage of major activities (only for payment purpose) in
shifting work is laying of pipe - 50%,charging of line
including all miscellaneous works and dismantling and site
clearance - 50%)
(d) Unit of measurement is as per completed activities. Cost
per activity shall be determined on Pro-rate basis as per its
weightage with reference to total cost of Water Pipe line.
Payment shall be made for completed activity. (The average
weightage of major activities (only for payment purpose) in
shifting work is laying of pipe - 50%,charging of line
including all miscellaneous works and dismantling and site
clearance - 50%)
a) Unit of measurement is as per completed activities. Cost
per activity shall be determined on Pro-rate basis as per its
(iii) CPR structures: 13.56%
weightage with reference to total cost of CPR. Payment shall
be made for each completed work.

Note: * No extra payment shall be made for any variation in quantities and change of scope.

2. Procedure for payment for Maintenance

2.1 The cost for maintenance shall be as stated in Clause 14.1.1.

2.2 Payment for Maintenance shall be made in quarterly installments in accordance with the Provisions of
Clause 19.7.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
171
PWD,NH Schedules to Concession Agreement

SCHEDULE - I

(See Clause 10.2 (iv))

DRAWINGS

1 Drawings
In compliance of the obligations set forth in Clause 10.2 of this Agreement, the Contractor shall
furnish to the Authority’s Engineer, free of cost, all Drawings listed in Annex-I of this Schedule-
I.

2 Additional Drawings
If the Authority’s Engineer determines that for discharging its duties and functions under this
Agreement, it requires any drawings other than those listed in Annex-I, it may by notice require the
Contractor to prepare and furnish such drawings forthwith. Upon receiving a requisition to this
effect, the Contractor shall promptly prepare and furnish such drawings to the Authority’s
Engineer, as if such drawings formed part of Annex-I of this Schedule-I.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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Annex - I (Schedule-I)

List of Drawings

A broad list of the drawings of the various components/elements of the Project Highway and project
facilities required to be submitted by the Contractor is given below:

a) Drawings of horizontal alignment, vertical profile and cross section.

b) Drawings of drainage plan and profile.

c) Drawing of cross drainage works.

d) Drawings of major intersections and ROB.

e) Drawing of toll plaza layout, toll collection systems and roadway near toll plaza

f) Drawings of bus-bay and bus shelters with furniture and drainage system.

g) Drawing of road furniture items including traffic signage, markings, safety barriers, etc.

h) Drawings of traffic diversion plans and traffic control measures.

i) Drawings of road drainage measures

j) Drawing of typical details slope protection measures.

k) Drawing of a landscaping and horticulture.

l) Drawings of pedestrian crossings

m) Drawings of street lighting.

n) General arrangement of Base camp and Administrative Block

o) Drawings of catch water drains check drains.

p) Any other drawings which Authority’s Engineer may review.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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Schedule-J
(See Clause 10.3.2)

PROJECT COMPLETION SCHEDULE

Scheduled Construction Period: - 06 months (180 days)

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
(i) Project Milestone- I shall occur on the date falling on the [35% of the Scheduled
Construction Period] 63 days from the Appointed Date (the “Project Milestone- I”).

(ii) Prior to the occurrence of Project Milestone-I, the Contractor shall have commenced
construction of the Project Highway and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 10% (ten per cent) of the Contract
Price.

3. Project Milestone-II

(iii) Project Milestone-II shall occur on the date falling on the [60% of the Scheduled
Construction Period] 108 days from the Appointed Date (the “Project Milestone-
II”).
(iv) 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 30% (Thirty per cent)
of the Contract Price.

4. Project Milestone-III

(v) Project Milestone-III shall occur on the date falling on the [85% of the Scheduled
Construction Period] 153 days from the Appointed Date (the “Project
Milestone- III”).
(vi) 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 60% (Sixty per cent) of
the Contract Price and should have started construction of all project facilities.

(vii) Schedule Completion Date

(viii) The Schedule Completion Date shall occur on the 180 day from the Appointed Date.(100%).

(ix) On or before the Scheduled Completion Date, the Contractor shall have completed

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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construction in accordance with this Agreement.

(x) 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

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
175
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
176
PWD NH, Schedules to Concession Agreement

Schedule-K
(See Clause 12.1.2)
Tests on Completion
1. Schedule for Tests

(i) The Contractor shall, no later than 30 (thirty) days prior to the likely completion of
construction, notify the Authority’s Engineer and the Authority of its intent to subject the
Project Highway to Tests, and no later than 10 (ten) days prior to the actual date of Tests,
furnish to the Authority’s Engineer and the Authority detailed inventory and particulars
of all works and equipment forming part of Works.

(ii) The Contractor shall notify the Authority’s Engineer of its readiness to subject the Project
Highway to Tests at any time after 10 (ten) days from the date of such notice, and upon
receipt of such notice, the Authority’s Engineer shall, in consultation with the Contractor,
determine the date and time for each Test and notify the same to the Authority who
may designate its representative to witness the Tests. The Authority’s Engineer shall
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

(i) Visual and physical test: The Authority’s Engineer shall conduct a visual and physical
check of construction to determine that all works and equipment forming part thereof
conform to the provisions of this Agreement. The physical tests shall include (to be
decided with Authority’s Engineer at the time of physical tests as per relevant IRC/ Code
Manual).

(ii) Riding quality test: Riding quality of each lane of the carriageway shall be checked
with the help of networking survey vehicle and the maximum permissible roughness for
purposes of this Test shall be 2,000 (two thousand) mm for each kilometer.

(iii) Tests for bridges: All major and minor bridges shall be subjected to the rebound hammer and
ultrasonic pulse velocity tests, to be conducted in accordance with the procedure
described in Special Report No. 17: 1996 of the IRC Highway Research Board on
Non-destructive Testing Techniques, at two spots in every span, to be chosen at random
by the Authority’s Engineer. Bridges with a span of 15 (fifteen) metre or more shall also
be subjected to load testing.

(iv) Pavement Strength: The pavement strength is to be measured using Falling Weight
Deflectometer (FWD), at least once a year upon Completion of Project.

(v) Other tests: The Authority’s Engineer may require the Contractor to carry out or cause to
be carried additional tests, in accordance with Good Industry Practice, for determining
the compliance of the Project Highway with Specifications and Standards.

(vi) Environmental audit: The Authority’s Engineer shall carry out a check to determine
conformity of the Project Highway with the environmental requirements set forth in
Applicable Laws and Applicable Permits.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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(vii) Safety Audit: The Authority’s Engineer shall carry out, or cause to be carried out, a safety
audit to determine conformity of the Project Highway with the safety requirements and
Good Industry Practice.

2. 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.

4. Completion Certificate

Upon successful completion of Tests, the Authority’s Engineer shall issue the Completion
Certificate in accordance with the provisions of Article 12.

3. The Authority Engineer will carry out tests with following equipment at his own cost in the
presence of contractor’s representative.

Sr. Key metrics of

Equipment to be used Frequency of condition survey
No. Asset
1 Surface Network Survey At least twice a year (As per survey
defects of Vehicle (NSV) months defined for the state basis rainy
pavement season)
2 Roughness of Network Survey At least twice a year (As per survey
pavement Vehicle (NSV) months defined for the state basis rainy
season)
3 Strength of Falling Weight At least once a year
pavement Deflectometer (FWD)
4 Bridges Mobile Bridge At least twice a year (As per survey
Inspection Unit (MBU) months defined for the state basis rainy
season)
5 Road signs Retro-reflectometer At least twice a year (As per survey
months defined for the state basis rainy
season)

The first testing with the help of NSV shall be conducted at the time of issue of Completion
Certificate.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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SCHEDULE - L
(See Clause 12.2)
COMPLETION 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 the “Balance work of rehabilitation and construction of Barela –
mandla section of NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved
shoulder in the State of Madhya Pradesh on EPC mode” mode 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.

2. It is certified that, in terms of the aforesaid Agreement, all works forming part of Project
Highway have been completed, and the Project Highway is hereby declared fit for entry into
operation on this the ……… day of ……… 20….. , Scheduled Completed Date for which
was the ……… day of ………20…..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Authority’s Engineer by:

(Signature)

(Name)

(Designation) (Address)

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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SCHEDULE - M
(See Clauses 14.6, 15.2 and 19.7)

PAYMENT REDUCTION FOR NON-COMPLIANCE

1. Payment reduction for non-compliance with the Maintenance Requirements

(i) Monthly lump sum payments for maintenance shall be reduced in the case of non-compliance with
the Maintenance Requirements set forth in Schedule-E.

(ii) 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.

(iii) 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

(i) The following percentages shall govern the payment reduction:

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 cross fall, 10%
undulations, settlement, potholes,
ponding, obstructions
(ii) Deficient slopes, rain cuts, disturbed 5%
pitching, vegetation growth, pruning
of trees
(c) Bridges and Culverts

(i) Desalting, cleaning. vegetation 20%

growth, damaged pitching, flooring,
parapets, wearing course, footpaths,
any damage to foundations

S. No. Item/Defect/Deficiency Percentage

(ii) Any Defects in superstructures, 10%
bearings and sub-structures

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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(iii) Painting, repairs/replacement kerbs, 5%

railings, parapets, guideposts/crash
barriers
(d) Roadside Drains
(i) Cleaning and repair of drains 5%
(e) Road Furniture
(i) Cleaning, painting, replacement of 5%
road signs, delineators, road
markings, 200 m/km/5th km stones
(f) Miscellaneous Items
(i) Removal of dead animals, broken 10%
down/accidental vehicles, fallen
trees, road blockades or
malfunctioning of mobile crane
(ii) Any other Defects in accordance with 5%
paragraph 1.
(g) Defects in Other Project Facilities 5%

(ii) The amount to be deducted from monthly lump-sum payment for non-compliance of
particular item shall be calculated as under:

Where

P = Percentage of particular item/Defect/deficiency for deduction

M1= Monthly lump-sum payment in accordance para 1.2 above of this Schedule

M2= Monthly lump-sum payment in accordance para 1.2 above of this Schedule

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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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PWD NH, Schedules to Concession Agreement

SCHEDULE - N
(See Clause 18.1.1)
SELECTION OF AUTHORITY’S ENGINEER

1 Selection of Authority’s Engineer

(i) The provisions of the Model Request for Proposal for Selection of Technical Consultants, issued by
the Ministry of Finance in May 2009, or any substitute thereof shall apply for selection of an
experienced firm to discharge the functions and duties of an Authority’s Engineer.

(ii) 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 Annex 1 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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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Annex – I
(Schedule - N)

TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER

1 Scope

(i) These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified pursuant to
the EPC Agreement dated........... (The “Agreement), which has been entered into
between............................................................................................. (“The Authority”) and..........
(the “Contractor”) for the “Balance work of rehabilitation and construction of Barela –
mandla section of NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved
shoulder in the State of Madhya Pradesh on EPC mode,” subject and a copy of which is
annexed hereto and marked as Annex-A to form part of this TOR.

(ii) The TOR shall apply to construction and maintenance of the Project Highway.

2 Definitions and interpretation

(i) The words and expressions beginning with or in capital letters and not defined herein but defined in
the Agreement shall have, unless repugnant to the context, the meaning respectively assigned to
them in the Agreement.

(ii) References to Articles, Clauses and Schedules in this TOR shall, except where the context otherwise
requires, be deemed to be references to the Articles, Clauses and Schedules of the Agreement, and
references to Paragraphs shall be deemed to be references to Paragraphs of this TOR.

(iii) The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply, mutatis
mutandis, to this TOR.

3. General

(i) The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient manner,
consistent with the highest standards of professional integrity and Good Industry Practice.

(ii) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the
provisions of this Agreement, but subject to obtaining prior written approval of the Authority
before determining:
(a) Any Time Extension;
(b) Any additional cost to be paid by the Authority to the Contractor;
(c) The Termination Payment; or
(d) Issuance of completion certificate or
(e) any other matter which is not specified in (a), (b), (c) or (d) above and which creates a
financial liability on either Party.

(iii) 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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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(iv) The Authority Engineer shall ensure that NSV survey shall be conducted at the following intervals:
(13.11.2019).
(a) Before start of the work.
(b) Before issue of provisional / final completion certificate.
(c) Every 6 months after completion of work.
7.4.5 The NSV reports shall be uploaded on PMIS and RAMS portal
(http://nsvsurvey.nhai.org/NSVsurvey/)

(ii) The Authority’s Engineer in consultation with the Authority shall update PMIS Portal of the
Ministry (https://pmis.morthedisha.gov.in/) and also ensure uploading Monthly and Quarterly
Progress Report along with Strip Chart on PMIS Portal. Such updations shall be done on the last
date of every month/ quarter and if required, on a weekly basis as advised by the Authority.
Monthly invoices towards services of the Authority’s Engineer shall not be admitted for
payment in case of non-compliance of the above.

(iii) The Authority’s Engineer shall inform the Contractor of any delegation of its duties and
responsibilities to its suitably qualified and experienced personnel; provided, however, that it
shall not delegate the authority to refer any matter for the Authority’s prior approval in
accordance with the provisions of Clause 18.2.

(iv) Authority’s Engineer shall aid and advise the Authority on any proposal for Change of Scope
under Article 13.

(v) In the event of any disagreement between the Parties regarding the meaning, scope and nature of
Good Industry Practice, as set forth in any provision of the Agreement, the Authority’s Engineer
shall specify such meaning, scope and nature by issuing a reasoned written statement relying on
good industry practice and authentic literature.

4 Construction Period

(i(i) During the Construction Period, the Authority’s Engineer shall review the Drawings furnished by
the Contractor along with supporting data, including the geo-technical and hydrological
investigations, characteristics of materials from borrow areas and quarry sites, topographical
surveys, and the recommendations of the Safety Consultant in accordance with the provisions of
Clause 10.1.6. The Authority’s Engineer shall complete such review and send its observations to
the Authority and the Contractor within 15 (fifteen) days of receipt of such Drawings; provided,
however that in case of a Major Bridge or Structure, the aforesaid period of 15 (fifteen) days may
be extended up to 30 (thirty) days. In particular, such comments shall specify the conformity or
otherwise of such Drawings with the Scope of the Project and Specifications and Standards.

(ii) The Authority’s Engineer shall review any revised Drawings sent to it by the Contractor and furnish
its comments within 10 (ten) days of receiving such Drawings.

(iii) The Authority’s Engineer shall review the Quality Assurance Plan submitted by the Contractor and
shall convey its comments to the Contractor within a period of 21 (twenty-one) days stating the
modifications, if any, required thereto.

(iv) The Authority’s Engineer shall complete the review of the methodology proposed to be adopted by
the Contractor for executing the Works, and convey its comments to the Contractor within a

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
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period of 10 (ten) days from the date of receipt of the proposed methodology from the
Contractor.

(v) The Authority’s Engineer shall grant written approval to the Contractor, where necessary, for
interruption and diversion of the flow of traffic in the existing lane(s) of the Project Highway for
purposes of maintenance during the Construction Period in accordance with the provisions of
Clause 10.4.

(vi) The Authority’s Engineer shall review the monthly progress report furnished by the Contractor and
send its comments thereon to the Authority and the Contractor within 7 (seven) days of receipt of
such report.

(vii) The Authority’s Engineer shall inspect the Construction Works and the Project Highway and shall
submit a monthly Inspection Report bringing out the results of inspections and the remedial action
taken by the Contractor in respect of Defects or deficiencies. In particular, the Authority’s
Engineer shall include in its Inspection Report, the compliance of the recommendations made by
the Safety Consultant.

7 The Authority’s Engineer shall conduct the pre-construction review of manufacturer's test reports
and standard samples of manufactured Materials, and such other Materials as the Authority’s
Engineer may require.
8 For determining that the Works conform to Specifications and Standards, the Authority’s Engineer
shall require the Contractor to carry out, or cause to be carried out, tests at such time and frequency
and in such manner as specified in the Agreement and in accordance with Good Industry Practice
for quality assurance. For purposes of this Paragraph 4.9, the tests specified in the IRC Special
Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the
Specifications for Road and Bridge Works issued by MORTH (the “Quality Control Manuals”) or
any modification/substitution thereof shall be deemed to be tests conforming to Good Industry
Practice for quality assurance.

9 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity or number of
tests prescribed for each category or type of test for quality control by the Contractor.

10 The timing of tests referred to in Paragraph 4.9, and the criteria for acceptance/ rejection of their
results shall be determined by the Authority’s Engineer in accordance with the Quality Control
Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and
independent of, the tests that may be carried out by the Contractor for its own quality assurance in
accordance with Good Industry Practice.

11 In the event that results of any tests conducted under Clause 11.10 establish any Defects or
deficiencies in the Works, the Authority’s Engineer shall require the Contractor to carry out
remedial measures.

12 The Authority’s Engineer may instruct the Contractor to execute any work which is urgently required
for the safety of the Project Highway, whether because of an accident, unforeseeable event or
otherwise; provided that in case of any work required on account of a Force Majeure Event, the
provisions of Clause 21.6 shall apply.

13 In the event that the Contractor fails to achieve any of the Project Milestones, the Authority’s
Engineer shall undertake a review of the progress of construction and identify potential delays, if

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
185
PWD NH, Schedules to Concession Agreement

any. If the Authority’s Engineer shall determine that completion of the Project Highway is not
feasible within the time specified in the Agreement, it shall require the Contractor to indicate
within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within
which the Project Completion Date shall be achieved. Upon receipt of a report from the
Contractor, the Authority’s Engineer shall review the same and send its comments to the Authority
and the Contractor forthwith.

14 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s quality
control records and documents before the Completion Certificate is issued pursuant to Clause 12.4.

15 Authority’s Engineer may recommend to the Authority suspension of the whole or part of the Works
if the work threatens the safety of the Users and pedestrians. After the Contractor has carried out
remedial measure, the Authority’s Engineer shall inspect such remedial measures forthwith and make
a report to the Authority recommending whether or not the suspension hereunder may be revoked.

16 In the event that the Contractor carries out any remedial measures to secure the safety of suspended
works and Users, and requires the Authority’s Engineer to inspect such works, the Authority’s
Engineer shall inspect the suspended works within 3 (three) days of receiving such notice, and make a
report to the Authority forthwith, recommending whether or not such suspension may be revoked by
the Authority.

(xviii) The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests specified in
Schedule-K and issue a Completion Certificate or Provisional Certificate, as the case may be. For
carrying out its functions under this Paragraph 4.18 and all matters incidental thereto, the
Authority’s Engineer shall act under and in accordance with the provisions of Article 12 and
Schedule-K.

5. Maintenance Period

(i) The Authority’s Engineer shall aid and advise the Contractor in the preparation of its monthly
Maintenance Programme and for this purpose carry out a joint monthly inspection with the
Contractor.
(ii) The Authority’s Engineer shall undertake regular inspections, at least once every month, to
evaluate compliance with the Maintenance Requirements and submit a Maintenance Inspection
Report to the Authority and the Contractor.
(iii) The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry out, or cause
to be carried out, for the purpose of determining that the Project Highway is in conformity with the
Maintenance Requirements. It shall monitor and review the results of such tests and the remedial
measures, if any, taken by the Contractor in this behalf.
(iv) In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the Authority’s
Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of
deviation or deterioration with reference to the Specifications and Standards and shall also specify
the time limit for repair or rectification of any deviation or deterioration beyond the permissible
limit.

(v) The Authority’s Engineer shall examine the request of the Contractor for closure of any lane(s) of
the Project Highway for undertaking maintenance/repair thereof, and shall grant permission with
such modifications, as it may deem necessary, within 5 (five) days of receiving a request from the
Contractor. Upon expiry of the permitted period of closure, the Authority’s Engineer shall monitor
the reopening of such lane(s), and in case of delay, determine the Damages payable by the
Contractor to the Authority under Clause 14.5.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
186
PWD NH, Schedules to Concession Agreement

6 Determination of costs and time

(i) The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are required
to be determined by it under the Agreement.
(ii) The Authority’s Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.
(iii) The Authority’s Engineer shall consult each Party in every case of determination in accordance
with the provisions of Clause 18.5.

7. Payments

(i) The Authority’s Engineer shall withhold payments for the affected works for which the Contractor
fails to revise and resubmit the Drawings to the Authority’s Engineer in accordance with the
provisions of Clause 10.2.4 (d).
(ii) Authority’s Engineer shall -
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 19.4, determine the amount due to the Contractor and recommend the
release of 90 (ninety) percent of the amount so determined as part payment, pending issue
of the Interim Payment Certificate; and

(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause
19.4, deliver to the Authority and the Contractor an Interim Payment Certificate certifying
the amount due and payable to the Contractor, after adjustments in accordance with the
provisions of Clause 19.10.
(iii) The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly Maintenance
Statement from the Contractor pursuant to Clause 19.6, verify the Contractor’s monthly statement
and certify the amount to be paid to the Contractor in accordance with the provisions of the
Agreement.

(iv) The Authority’s Engineer shall certify final payment within 30 (thirty) days of the receipt of the
final payment statement of Maintenance in accordance with the provisions of Clause 19.16.

8. Other duties and functions

The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.

9 Miscellaneous

(i) A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results with
comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s Engineer to
the Authority forthwith.

(ii) The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as-built’ Drawings, and keep them in its safe custody.

(iii) Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall obtain a
complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other
medium as may be acceptable to the Authority, reflecting the Project Highway as actually
designed, engineered and constructed, including an as-built survey illustrating the layout of the
Project Highway and setback lines, if any, of the buildings and structures forming part of Project

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
187
PWD NH, Schedules to Concession Agreement

Facilities; and shall hand them over to the Authority against receipt thereof.

(iv) The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall mediate
and assist the Parties in arriving at an amicable settlement of any Dispute between the Parties.

(v) The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
188
PWD NH, Schedules to Concession Agreement

SCHEDULE - O

(See Clauses 19.4.1, 19.6.1, and 19.8.1)

Forms of Payment Statements
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
(i) Total of (i) and (ii) above.
(g) Net claim: (e) – (f) (iii);
(h) The amounts received by the Contractor upto 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.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
189
PWD NH, Schedules to Concession Agreement

Schedule-P
(See Clause 20.1)
INSURANCE
1. Insurance during Construction Period

(i) The Contractor shall effect and maintain at its own cost, from the Appointed Date till
the date of issue of the last 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.

(ii) The insurance under paragraph 1.1 (a) and (b) above shall cover the Authority and
the Contractor against all loss or damage from whatsoever 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

(i) 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 1 and 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. The insurance cover shall be not less than the value of the Contract Price.

(ii) 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.0.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
190
PWD NH, Schedules to Concession Agreement

Schedule-Q
(See Clause 14.10)

Tests on Completion of Maintenance Period

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 [2,200 (two thousand and two hundred only)] 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 shall be as per the requirement of maintenance mentioned in
Schedule-E.

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
191
PWD NH, Schedules to Concession Agreement

Schedule-R

(See Clause 14.10)

Taking Over Certificate

I, ……………………. (Name and designation of the Authority’s Representative) under and

in accordance with the Agreement dated ………… (the “Agreement”), for the“Balance
work of rehabilitation and construction of Barela – mandla section of NH-30 from km
22/8 to 89/6 (length-63.55) two lane with paved shoulder in the State of Madhya
Pradesh on EPC mode,” 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)

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
192
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
193
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
194
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
195
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
196
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
197
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
198
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
199
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
200
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
201
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
202
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
203
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
204
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
205
PWD NH, Schedules to Concession Agreement

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
206
PWD NH, Schedules to Concession Agreement

***** End of the Document *****

“Balance work of rehabilitation and construction of Barela – mandla section of

NH-30 from km 22/8 to 89/6 (length-63.55) two lane with paved shoulder in the
State of Madhya Pradesh on EPC mode”
207