National Highways Authority of India

(Ministry of Road Transport & Highways)

Government of India

For

PBMC O&M work of 4 Laning of Simga-Sargaon

(PKG - II) of NH-200 section from Km 48+580
to Km 91+026 and Sargaon- Bilaspur (PKG -
III) of NH-200 section from Km 91+026 to Km
126.525 section of Raipur-Bilaspur in the
State of Chhattisgarh.

Performance based Maintenance Contracts

(PBMC)

Ministry of Road Transport & Highways

(Through National Highways Authority
of India)

February 2024
 CONTENTS

Description Page No.

SECTION – 1 NOTICE INVITING TENDER ............................................................

SECTION – 2 INSTRUCTIONS TO BIDDERS (ITB) AND APPENDIX TO ITB........................

SECTION – 3 QUALIFICATION INFORMATION .......................................................

SECTION – 4 FORMS OF BANK GUARANTEES FOR BID SECURITY, PERFORMANCE SECURITY

& ADVANCE PAYMENT, LETTER OF APPLICATION, LETTER OF ACCEPTANCE (LOA), FORM
OF AGREEMENT, FORMAT FOR POA FOR SIGNING OF BID, FORMAT FOR POA FOR LEAD
MEMBER OF JV, FORMAT FOR JBA, INTEGRITY PACT.............................................

SECTION – 5 GENERAL CONDITIONS OF CONTRACT (GCC) AND CONTRACT DATA ...........

SECTION – 6 ADDENDUM TO GENERAL CONDITIONS OF CONTRACT ...........................

SECTION – 7 ROAD MAINTENANCE STANDARDS AND SPECIFICATIONS FOR ROAD

MAINTENANCE WORKS, PART-I AND PART-II......................................................

SECTION – 8 DRAWINGS AND SCHEDULE OF DRAWINGS .........................................

SECTION – 9 FINANCIAL BID FORM AND BILL OF QUANTITIES ..................................

SECTION – 10 SUMMARY OF ASSETS...............................................................

 SECTION-I
NOTICE INVITING TENDER
1. The National Highways Authority of India hereby invites Bids for Performance-Based
Maintenance of Roads through e-tendering from experienced firms/organizations for operation
and maintenance works and activities for the following sections of the National\ Highways.

Sl. Sections Length (km) Estimated Bid Contract

No. Bid Cost/ Security Duration*
Total Bid (Rs. (month)
Value $ Lakh)
(Rs.Cr.)
1. PBMC O&M work of 4 Laning of 77.945 59.933 (Excl. 59.94 60
Simga-Sargaon (PKG - II) of NH-200 GST)
section from Km 48+580 to
Km 91+026 and Sargaon- Bilaspur
(PKG - III) of NH-200 section from
Km 91+026 to Km 126.525 section
of Raipur-Bilaspur in the State of
Chhattisgarh.

2. The complete BID document can be viewed / downloaded from official portal of theNHAI
http://nhai.gov.in or the CPPP website https://etenders.gov.in from 01.02.2024 to
19.03.2024 (upto 15:00 Hrs. IST). Bidder must submit its Financial bid and Technical Bid at
NHAI http://nhai.gov.in or the CPPP website https://etenders.gov.in on or before Bid Due Date
i.e. 19.03.2024 (upto 15:00 hours IST). Bids received online shall be opened on 20.03.2024
(at 1 7 : 0 0 hours IST).

3. Bid through any other mode shall not be entertained. However, originals of Bid Security,
document fee, Power of Attorney and Joint Bidding Agreement etc. shall be submitted physically
by the L-1 Bidder before issuance of Letter of Acceptance (LOA) by the Authority. Please note
that the Authority reserves the right to accept or reject all or any of the BIDs without assigning
any reason whatsoever.

General Manager (T)-Chhattisgarh

National Highways Authority of India
G-5 & 6, Sec-10, Dwarka,
New Delhi – 110075
Email: [email protected]
Phone:-011-25074100/4200, Ext: 1215/3546
 DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other
form by or on behalf of the Authority or any of its employees or advisors, is provided
to Bidder(s) on the terms and conditions set out in this RFP and such other terms
and conditions subject to which such information is provided.

This RFP is not an Agreement and is neither an offer nor invitation by the Authority
to the prospective Bidders or any other person. The purpose of this RFP is to provide
interested parties with information that may be useful to them in making their
financial offers (BIDs) pursuant to this RFP. This RFP includes statements, which
reflect various assumptions and assessments arrived at by the Authority in relation
to the Project. Such assumptions, assessments and statements do not purport to
contain all the information that each Bidder may require. This RFP may not be
appropriate for all persons, and it is not possible for the Authority, its employees or
advisors to consider the investment objectives, financial situation and particular
needs of each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in the Bidding Documents, may not be
complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations, inspections and analysis and should check the
accuracy, adequacy, correctness, reliability and completenessof the assumptions,
assessments, statements and information contained in this RFP and obtain
independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some
of which may depend upon interpretation of law. The information given isnot
intended to be an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. The Authority accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law
expressed herein.

The Authority, its employees and advisors make no representation or warranty and
shall have no liability to any person, including any Applicant or Bidder under any
law, statute, rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may arise
from or be incurred or suffered on account of anything contained in this RFP or
otherwise, including the accuracy, adequacy, correctness, completeness or
reliability of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way for
participation in this BID Stage.

The Authority also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any Bidderupon
the statements contained in this RFP. The Authority may in its absolute discretion,
but without being under any obligation to do so, update, amend or supplement the
information, assessment or assumptions contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder
or to appoint the Selected Bidder JV or Contractor, as the case may be, for the

4
Project and the Authority reserves the right to reject all or any of the Bidders or
BIDs without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to thepreparation
and submission of its BID including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by the Authority or any other costs incurredin connection with or
relating to its BID. All such costs and expenses will remain with the Bidder and the
Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the BID,
regardless of the conduct or outcome of the Bidding Process.
 SECTION – 2

INSTRUCTIONS TO BIDDERS (ITB)

AND APPENDIX TO ITB
 SECTION - 2
INSTRUCTIONS TO BIDDERS (ITB)

TABLE OF CLAUSES
Clause A. General Clause
1. Scope of Bid 20. Deadline for Submission of Bids
21. Late Submission of Documents in Physical
2. Source of Funds Form
22. Modification and Withdrawal of Bids
3. Eligible Bidders E. Bid Opening, Clarification of bids and
Evaluation
4. Qualification of the Bidder 23. Bid Opening, Clarification of Bids
and Evaluation
5. One Bid per Bidder 24. Process to be Confidential
6. Cost of Bidding 25. Contacting the Employer
7. Site Visit 26. Examination of Bids and Determination
of Responsiveness
B. Bidding Documents 27. Deleted
8. Content of Bidding 28. Evaluation and Comparison of Financial
Documents Bids
9. Clarifications on Bidding F. Award of Contract
Documents
10. Amendment of Bidding 29. Award Criteria
Documents
C. Preparation of bids 30. Employer’s Right to Accept any Bid and to
Reject any or all Bids
11. Language of Bid 31. Notification of Award and Signing of
Agreement
12. Documents Comprising the 32. Performance Security
Bid
13. Bid Prices 33. Advances
14. Currencies of Bid and G. Corrupt or Fraudulent Practices
Payment
15. Bid Validity 34. Corrupt or Fraudulent Practices
16. Earnest Mone y /Bid H. Labour Laws and Fundamental breach
Security / Forfeiture/
Debarment
17. Alternative Proposals by 35. Labour Laws and Regulations
Bidders
18. Format and Signing of Bid 36. Fundamental Breach and other
Obligations
D. Submission of bids
19. Marking of Bids Appendix to ITB
 A. GENERAL

1. Scope of bid
1.1 The National Highways Authority of India invites Bids for Performance-
Based Maintenance of Roads through e-tendering from experienced
firms/organizations for operation and maintenance works and activities for the
following sections of the National Highways as described in these documents and
referred to as “the Works”. The name and identification number of the Works is as
defined in the Appendix to ITB.

1.2 The successful Bidder will be expected to complete the Works by the
intended Completion Date specified in the Contract Data.

1.3 Throughout these Bidding Documents, the terms “bid” and “tender” and
their derivatives (bidder/tenderer, bid/tender, bidding/tendering, etc.) are
synonymous.

2. Source of Funds
2.1 The expenditure under this contract will be met by [Name of
Organization].

3. Eligible bidders
3.1 This Invitation for Bids is open to all bidders meeting the qualification
requirements prescribed in Clause 4 of ITB.
3.2 In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:
(a) Number of members in a Joint Venture shall not exceed 2 (two) for
projects of cumulative length less than or equal to 80 km and shall not exceed 3
(Three) for projects of cumulative length more than 80 km;
(b) Subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead
member (the “Lead Member”). Lead Member shall meet at least 60% requirement
of Bid Capacity, Technical and Financial Capacity. The nomination(s) shall be
supported by a Power of Attorney, as per the format in RFP, signed by all the
other Members of the Joint Venture. Other Member(s) shall meet at least 20%
requirement of Bid Capacity, Technical and Financial Capacity requirement and
the JV as a whole shall cumulatively/collectively fulfil the 100% requirement;
(d) the Bid should include a brief description of the roles and responsibilities
of individual members, particularly with reference to financial, technical and defect
liability obligations;
(e) the Lead Member shall itself undertake and perform at least 51(fifty- one)
per cent of the total length of the Project Highway,
(f) members of the Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified in the RFP (the “Jt. Bidding
Agreement”), for the purpose of making the Application and submitting a Bid. The
Jt. Bidding Agreement, Uploaded on e-Tendering portal along with the Application,
shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the Joint
Venture; and clearly outline the proposed roles & responsibilities, if any, of
each member;
(ii) commit the approximate share of work to be undertaken by each
member conforming to sub-clause (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations of the
Contractor in relation to the Project until the Defect Liability Period is
achieved in accordance with the Contract; and
(g) except as provided under this RFP, there shall not be any amendment to
the Jt. Bidding Agreement.

3.3 Any entity which has been blacklisted or barred or declared Non-Performer
by the Ministry of Road Transport & Highways or its implementing agencies;
NHAI/ NHIDCL/State PWDs/BRO, from participating in any project, and the bar
subsists as on the Bid due date, shall not be eligible to submit the bid.

3.4 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC) (in the name of Authorized Signatory / Firm or Organisation / Owner of the
Firm or Organisation) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to participate in e-tendering
of Employer.

3.5 DSC should be in the name of the authorized signatory as authorized in Appendix
III of this RFP or person executing/delegating such Appendix III in favour of
Authorized Signatory. It should be in corporate capacity (that is in Bidder capacity /
in case of JV in the Lead Member capacity, as applicable). The Bidder shall submit
document in support of the class III DSC. In other cases, the bid shall be considered
Non-responsive.

4. Qualification of the Bidder

4.1 All bidders shall furnish the following information and documents with
their Bids as in Section-3, Qualification Information strictly as per formats given in
Appendix-IA of Section-3, unless otherwise stated in the Appendix to ITB.
a) Scanned copies of original documents defining the constitution or legal status,
place of registration, and principal place of business; scanned copy of written power
of attorney of the signatory of the Bid to commit the Bidder; and original copy of
Written Power of Attorney to be submitted in the envelope of physical form by the
lowest bidder. (refer Clause 12.2 of ITB).
b) Scanned copy of total monetary value of civil engineering construction and
maintenance works performed for each of the last five years;
c) Scanned copy of experience certificate in works of a similar nature and size
for each of the last five years with certificates from the concerned officer of the
rank of Executive Engineer or equivalent or higher;
d) Scanned copy of evidence of availability (either owned or leased or rented)
of items of construction and maintenance equipment named in Clause 4.1 j (1).
e) Scanned copy of details of the technical personnel proposed to be employed
for the Contract having the qualifications defined in Clause 4.1 j (2).
f) Scanned copy of reports on the financial standing of the Bidder, and a
certificate from Chartered Accountant as a proof of turnover for the last five years;
g) Scanned copy of information regarding any litigation or arbitration during the
last five years in which the Bidder is involved, the parties concerned, the disputed
amount, and the present status;
h) Undertaking that the bidder is not affiliated to the firm or entity that has
been hired or employed by the Employer for preparation of bid documents or to
supervise the contract.
i) Each bidder must upload the scanned copies of following documents along
with the submission of online bid:
(1) An affidavit on a Stamp Paper, duly attested from the Notary Public, that
the information furnished with the bid documents is correct in all respects; and
(2) Such other certificates as defined in Section-3.
Failure to submit the certificates/documents as specified above shall make the
bid Non-responsive.
j) Each bidder must undertake the:
(1) List of Equipment as mentioned in Appendix to Section – 2: Instructions to
Bidders (ITB).
(2) Availability of personnel with qualification and experience as stated in the
Appendix to ITB. Failure to comply the same would lead to not meeting the
management performance standards and the contractor would be penalized for the
same as per Conditions of the Contract as provision of Clause 9.1
4.2 BID Capacity
Bidders who inter alia meet the minimum qualification criteria will be qualified
only if their available BID capacity is more than the total BID value (value as per
Clause 1 of NIT). The available BID capacity will be calculated as per following,
based on information mentioned at Annexure-VI of Appendix-IA:

Assessed Available BID capacity = (A*N*2.5 – B + C), Where

N = Number of years prescribed for completion of work for which Bid is invited.

A = Maximum value of civil engineering works excluding the amount of bonus

received, if any, in respect of EPC Projects executed in any one year during the last
five years (updated to the price level of the year indicated in table at Note-3 below)
taking into account the completed as well as works in progress. For this
purpose, the EPC projects include turnkey project/ Item rate contract/
Construction/Maintenance works.

B = Value (updated to the price level of the year indicated in table at Note-3 below)
of existing commitments, works for which the bidder has emerged as the winner of
the bids or on-going works to be completed during the period of completion of the
works for which BID is invited. For the sake of clarification, it is mentioned that
works for which bidder has emerged as the winner of the bids but LOA has not been
issued as on the day before opening the financial bids shall also be considered while
calculating value of B.

C = The amount of bonus received, if any, in EPC Projects during the last 5 years
(updated to the price level of the year indicated in table at Note-3 below).

Note:
1. The Statement showing the value of all existing commitments, works for
which the contractor has emerged as the winner of the bid is given by bidder and
ongoing works as well as the stipulated period of completion remaining for each
of the works listed should be countersigned by the Client or its Engineer-in-charge
not below the rank of Executive Engineer or equivalent in respect of EPC Projects
or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects and
verified by Statutory Auditor.

2. The amount of bonus received, if any, in EPC Projects should be

countersigned by the Client or its Engineer-in-charge not below the rank of
Executive Engineer or equivalent in respect of EPC Projects.

3. The factor for the year for updation to the price level is indicated as under:

Year Year-1 Year-2 Year-3 Year-4 Year-5

Up-dation factor 1.00 1.05 1.10 1.15 1.20

4. The Bid capacity status of the bidder to be updated as on the day before
opening the financial bids.
4.3 Technical Capacity
(i) For demonstrating technical capacity and experience (the “Technical
Capacity”), the Bidder shall, over the past 5 (five) financial years preceding the
Bid Due Date, have received payments for construction of Eligible Project(s), or has
undertaken construction works by itself in a PPP project, such that the sum total
thereof, as further adjusted in accordance with clause 4.6 (i) & (ii), is more than
the tendered / Bid value Rs. 59.33 crore (Rupees Fifty-Nine crore and Thirty-
Three lakh only) (the “Threshold Technical Capacity”).

(ii) For normal Highway projects:

Provided that at least one similar work of 20% of Estimated Project Cost Rs. 11.87
crore (Rupees Eleven Crore and Eighty-Seven Lakh only) shall have been
completed from the Eligible Projects in Category 1 and/or Category 3 specified in
Clause 4.6. For this purpose, a project shall be considered to be completed, if more
than 90% of the value of work has been completed and such completed value of
work is equal to or more than 20% of the tendered / Bid value. However, for 4
lane or above configurations projects, experience of theEligible Projects in
Category 1 and/or Category 3 shall be of 2 lane or more. For projects with lane
configuration upto 2 lane with paved shoulder, all experience of the Eligible
Projects in Category 1 and/or Category 3 shall be considered irrespective of lane
configurations.

(iii) The updation factor to update the price of the eligible projects for theyear
indicated in table below:

Year Year-1 Year-2 Year-3 Year-4 Year-5

Up-dation factor 1.00 1.05 1.10 1.15 1.20

4.4 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”)
of 5% of tendered / Bid value Rs. 2.97 Crore (Rupees Two crore and Ninety-Seven
lakh only) at the close of the preceding financial year.

(ii) The Bidder shall have a minimum Average Annual Turnover (updated to
the price level of the year based on factors indicated in table below) of 15% of
tendered / Bid value Rs. 8.90 Crore (Rupees Eight crore and Ninety lakh only) for
the last 5 (five) financial years.

Year Year-1 Year- Year-3 Year-4 Year-5

2
Up-dation factor 1.00 1.05 1.10 1.15 1.20

Note: Notwithstanding anything to the contrary contained herein, in the event that
the bid due date falls within three months of the closing of the latest financial years,
it shall ignore such financial year for the purpose of the bid and furnish annual
financial turnover w.r.t. 5 years preceding in last financial year.
4.5 In case of a Joint Venture:
(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the
Members of Joint Venture would be taken into account for satisfying the above
conditions of eligibility. Further, Lead Member shall meet at least 60% requirement
of Bid Capacity, Technical and Financial Capacity and each of other JV members
shall meet at least 20% requirement of Bid Capacity, Technical and Financial
Capacity individually. For avoidance of doubt it is further clarified that the Joint
Venture must collectively and individually satisfy the above qualification criteria
i.e. JV shall cumulatively/collectively fulfill the 100% requirement.

(ii) For requirement of 4.3 (ii), one similar work of 20% of Estimated Project Cost
should have been completed from the Eligible Projects in Category 1 and/or
Category 3 specified in Clause 4.6 individually by any of the JV members as a single
work.

4.6 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 4 the following categories of experience
would qualify as Technical Capacity and eligible experience (the "Eligible
Experience") in relation to eligible projects as stipulated in Clauses 4.7 (i) & (ii)
(the "Eligible Projects"). In case the Bidder has experience across different
categories, the experience for each category would be computed as per weight of
following factors to arrive at its aggregated Eligible Experience:

Category Project / Construction experience on Eligible Factors

Projects
1 Project in highways sector that qualify under 1
Clause 4.7 (i)
2 Deleted deleted
3 Construction in highways sector that qualify under 1
Clause 4.7 (ii)
4 Deleted deleted

(ii) The Technical capacity in respect of an Eligible Project situated in a

developed country which is a member of OECD shall be further multiplied by a
factor of 0.5 (zero point five) and the product thereof shall be the Experience Score
for such Eligible Project.

(iii) For the purpose of this RFP:

(a) highways sector would be deemed to include highways, expressways,

bridges, tunnels, runways; and
(b) Deleted.

(I) In case of projects executed by applicant under category 1 or 3 as a member

of Joint Venture, the project cost should be restricted to the share of the applicant
in the joint venture for determining eligibility as per provision under clause 4.3 (ii).
In case Statutory Auditor certifies that, the work of other member(s) is also
executed by the applicant, then the total share executed by applicant can be
considered for determining eligibility as per provision under clause 4.3 (ii).

(II) Maintenance works are considered as eligible project for evaluation under
Technical capacity 4.3 (i) and for singly completed works 4.3 (ii). As such works
with nomenclature like IRQP, PR, OR, FDR,SR, site/micro grading, surface renewal,
resurfacing work, Tarring, B.T. surface work, temporary restoration, urgent works,
periodic maintenance, repair & rehabilitation, one time maintenance, permanent
protection work of bank, short term / long term OMT contract, Any performance
based maintenance contract, etc, shall be considered.

(IV) Project in Highway sector shall constitute the following for the purpose of
consideration under category 1 or 3 as applicable, if:

(i) Widening / reconstruction / up-gradation works on NH / SH or on any

category of road taken up under CRF, ISC/ El, SARDP, LWE
(ii) Widening/ re-construction/up-gradation works on MDRs with loanassistance
from multilateral agencies or on BOT basis,
(iii) Widening/ reconstruction / up-gradation work of roads in Municipal
corporation limits, construction of Bypasses,
(iv) Construction of stand- alone bridges, ROBs, tunnels.
(v) Long term OMT works of NHAI/MoRT&H
(vi) Performance based maintenance contract in states.

(V) The projects with the title of RIDF, PMGSY road, link road, city roads, rural
road, sector/ municipality road, Bridges for railway line, work of metro rails
(bridges/ tunnel), which demonstrate road development/construction bridges or
culverts may be considered for overall technical capacity only.

(VI) In case both the estimated cost of project and revised cost of project are
provided, the revised cost of project shall be considered for evaluation.

4.7 Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project under Categories 1:

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, BOOT
or other similar basis for providing its output or services to a public sector entity or
for providing non-discriminatory access to users in pursuance of its charter,
concession or contract, as the case may be. For the avoidance of doubt, a project
which constitutes a natural monopoly such as an airport or port should normally be
included in this category even if it is not based on a long-term agreement with a
public entity;
(b) the entity claiming experience should have held, in the company owning the
Eligible Project, a minimum of 26% (twenty-six per cent) equity during the entire
year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction/maintenance
of the project for an amount equal to at least one half of the Project Cost of eligible
projects, excluding any part of the project for which any contractor, sub-
contractor or other agent was appointed for the purposes of construction.

(ii) For a project to qualify as an Eligible Project under Category 3, the Bidder
should have received payments from its client(s) for construction/maintenance
works executed, fully or partially, or work executed and certified by the Engineer-
in-charge/Independent Engineer/Authority‟s Engineer during the 5 (five) financial
years immediately preceding the Bid Due Date, and only the amounts (gross)
actually received/ work executed, during such 5 (five) financial years shallqualify
for purposes of computing the Experience Score. However, receipts of or work
executed amount less than 5% of Bid Value shall not be reckoned as receipts for
Eligible Projects. For the avoidance of doubt, construction/maintenance works shall
not include supply of goods or equipment except when such goods orequipment
form part of a turn-key construction contract / EPC contract for the project.
Further, the cost of land and also cost towards pre-construction activities (like
shifting of utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or along
with a member of the Joint Venture) may have played multiple roles in the cited
project. Double counting for a particular Eligible Project shall not be permitted in
any form.

(iv) Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double counting
by a Joint Venture in respect of the same experience shall be permitted in any
manner whatsoever.

4.8 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Experience for the last 5
(five) financial years immediately preceding the Bid Due Date.

(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.

(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex -IV
of Appendix-IA.

4.9 Submission in support of Financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual Reports
of the Bidder (of each Member in case of a Joint Venture) for the last 5 (five)
financial years, preceding the year in which the bid is submitted.

(ii) In case the annual accounts for the latest financial year are not audited
and therefore the Bidder cannot make it available, the Bidder shall give an
undertaking to this effect and the statutory auditor shall certify the same. In such
a case, the Bidder shall provide the Audited Annual Reports for 5 (five) years
preceding the year for which the Audited Annual Report is not being provided.

(iii) The Bidder must establish the minimum Net Worth specified in Clause 1.3,
and provide details as per format at Annex-III of Appendix-IA.

4.10 The Bidder shall enclose with its Technical Bid, to be uploaded on e –
tendering portal as per the format at Appendix-IA, complete with its Annexes, the
following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating
the payments received or in case of a PPP project, the construction/maintenance
carried out by itself, during the past 5 years, in respect of the Eligible Projects. In

$In case duly certified audited annual financial statements containing explicitly the requisite details are
provided, a separate certification by statutory auditors would not be necessary in respect of Clause
4.10 (i). In jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual
accounts of the Applicant may provide the certificates required under this RFP.
case a particular job/ contract has been jointly executed by the Bidder (as part of
a Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in work
done for that particular job/ contract by producing a certificate from its statutory
auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the
Bidder, as at the close of the preceding financial year, and also specifying that
the methodology adopted for calculating such net worth conforms to the
provisions of this Clause 4.10 (ii). For the purposes of this RFP, net worth (the
“Net Worth”) shall mean the aggregate value of the paid-up share capital and
all reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet,
but does not include reserves created out of revaluation of assets, write-back
of depreciation and amalgamation.

4.11 Even though the bidders meet the above qualifying criteria, they are
subject to be disqualified if they have:
i) Made misleading or false representations in the forms, statements, affidavits
and attachments submitted in proof of the qualification requirements; and/or
ii) Record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history, or
financial failures etc. or debarring from work etc.

5. One bid per bidder

5.1 Each Bidder shall submit only one Bid for the Works. A Bidder who submits
more than one Bid will cause such bids to be disqualified.

6. Cost of bidding
6.1 The Bidder shall bear all costs associated with the preparation and
submission of his Bid, and the Employer will, in no case, be responsible or liable for
those costs.

7. Site Visit
7.1 The Bidder, at his own cost, responsibility and risk, is encouraged to visit,
examine and familiarise himself with the Site of Works and its surroundingsincluding
source of earth, water, road aggregates, availability of labour etc. and obtain all
information that may be necessary for preparing the Bid and entering into a
contract for undertaking the maintenance Works. The costs of visiting the site shall
be at the Bidder’s own expense. For this purpose, he may contact the person whose
contact details are given in the Appendix to ITB.
 B. BIDDING DOCUMENTS
8. Content of bidding Documents
8.1 The set of bidding documents comprises the documents listed below
and addenda (if any) issued in accordance with Clause 10:
Section 1: Notice Inviting Tender
Section 2: Instructions to bidders (ITB) and Appendix to ITB
Section 3: Qualification Information
Section 4: Forms of Bank Guarantees for Bid Security, Performance Security &
Advance Payment, Letter of Application, Letter of Acceptance (LOA),
Form of Agreement, Format for POA for Signing of Bid, Format for
POA for Lead Member ofJV, Format for JBA, Integrity Pact
Section 5: General Conditions of Contract and Contract Data
Section 6: Addendum to General Conditions of Contract
Section 7: Road Maintenance Standards and Specifications for Road
Maintenance Work, Part-I and Part-II
Section 8: Drawings and Schedule of Drawings
Section 9: Financial bid form and bill of Quantities
Section 10: Summary of Assets

8.2 The bidder is expected to examine carefully all instructions, conditions

of contract, contract data, forms, scope, road maintenance Standards and
Specifications, bill of quantities, etc. in the Bid Documents. Failure to comply with
the requirements of Bid Documents shall be at the bidder’s own risk. Pursuant to Clause
26 hereof, Bids, which are not substantially responsive to the requirements of the
Bid Documents, shall be rejected.

9. Clarifications on Bid Documents

9.1 A prospective Bidder requiring any clarification on the Bid Documents
may notify the Employer in writing or through e-tender portal at the Employer’s
address indicated in the notice inviting Tender. The Employer will respond to any
such request for clarification received earlier than 10 days prior to the deadline for
submission of Bids. Copies of the Employer’s response will be hosted on website
including a description of the queries but without identifying its source.

9.2 Pre-Bid Meeting

9.2.1 The Bidder’s authorized representative is invited to attend a pre-bid
meeting, if it is indicated in the Appendix to ITB. The purpose of the pre-bid
meeting will be to clarify issues and to answer questions on any matter that may
be raised at that stage.
9.2.2 The bidder is requested to submit any questions in writing so as to reach
the Employer not later than one week before the meeting.
9.2.3 Minutes of the meeting, including the text of the questions raised (without
identifying the source of the enquiry) and the responses given will be posted
without delay on website. Any modifications of the bid documents listed in Clause
8.1, which may become necessary as a result of the pre-bid meeting or which are
required in the opinion of the Employer shall be made by the Employer exclusively
through the issue of an Addendum pursuant to Clause 10 and not through the
minutes of the pre-bid meeting.

9.2.4 Non-attendance at the pre-bid meeting will not be a cause for disqualification
of a bidder.

10. Amendment of bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify
the Bidding Documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the Bidding Documents and
shall be hosted on e-tendering portal. Bidders are advised to keep themselves
updated of all the addenda issued on e-tendering portal by daily checking the e-
tendering portal and the Employer does not assume any responsibility in case the
bidder fails to do so and does not take any action, if required, with respect to any
relevant addendum.
10.3 To give prospective bidders reasonable time to take an addendum into
account in preparing their bids, the Employer shall extend, as necessary, the
deadline for submission of bids, in accordance with Clause 20.3.
 C. PREPARATION OF BIDS

11. Language of bid

11.1 All documents relating to the Bid shall be in English.

12. Documents comprising the bid

12.1 The e-bid submitted by the bidder shall be in two separate parts namely
Part-I and Part-II. Part-I shall be named Technical Bid and shall comprise of
information submitted in Section-3 as well as forms given in Section-4 of Bid
document. Part-II shall be named Financial Bid and shall comprise of Bill of
Quantities (Bill no.1 to 4).
12.2 Original Documents to be submitted in physical form must be submitted by
the lowest bidder after declaration of bid evaluation result by Authority.

The Bidder shall submit the following documents physically:

(a) Original Power of Attorney for signing the BID as per format at Section-4;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Section-4;
(c) if applicable, Original Joint Bidding Agreement (JBA) for Joint Venture as per
the format at Section-4;
(d) BID Security of Rs. 5 9 . 9 4 (Rupees Fifty -Nine Lakh and Ninety- Four
Thousand only) in the form of Original Bank Guarantee in theformat at
Section-4 from a Scheduled Bank;
(e) Copy of online receipt towards payment of cost of Bid document of Rs. 10,000/-
(Rupees Ten Thousand Only) in favor of National Highways Authority of India
towards cost of Bid document;
(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any issued by MoRT&H (Section-4) regarding Integrity Pact (IP)
and the Integrity Pact (IP)duly signed by Authorized signatory shall be
submitted by the Bidder with the RFP Bid & shall be part of the Contract
Agreement; and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a) above
that they agree and abide by the Bid documents uploaded by
MoRT&H/AGENCIES and amendments uploaded, if any

12.3 The following documents, which are not submitted with the bid, will be
deemed to be part of the bid.
i) Notice Inviting Tender
ii) Instructions to the Bidders and Appendix to ITB
iii) General Conditions of Contract and Contract Data
iv) Addendum to General Conditions of Contract
v) Road Maintenance Standards and Specifications for Road Maintenance
Works, Part-I and Part-II
vi) Drawings and Schedule of Drawings

13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause 1. 1
based on the Bill of Quantities- Bill no. 1 to 3 (Financial Bid Form).

13.2 The bidder shall make its own assessment of Cost for execution of the
Initial rectification (IR), periodic maintenance (PM) and Routine Maintenance (RM)
. Emergency works are indicative in nature with fixed cost and quantities to be
executed in case of emergency as directed by the Engineer. Contractor may take
guidance from the indicative BOQ attached by the Employer in the Bill of Quantities
Chapter. The Bidder shall only be required to quote the single percentage (%)
above or below in the Summary Abstract of Bid Cost Form of the Financial Bid
Form. The same discount/premium so quoted shall be applicable on payments of
all RM, IR, PM and Emergency works.

13.3 All duties, taxes (excluding GST), royalties and other levies payable by
the Contractor under the Contract, or for any other cause, shall be included in
the rates, prices, and total bid price submitted by the Bidder.
13.4 The rates and prices quoted by the Bidder shall be fixed for the duration
of the Contract, save except for price adjustment as per clause 17 of Contract data.
13.5 The rates and bid prices quoted by the contractor shall be deemed
inclusive of all labour, materials, Plants, Equipment, machinery, management,
supervision, overheads etc., including other miscellaneous charges associated for
execution of works

14. Currencies of bid and Payment

All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of 120 days after the deadline date
for bid submission specified in Clause 20. A bid valid for a shorter period shall be
rejected by the Employer as non- responsive.
15.2 In exceptional circumstances, prior to expiry of the original time limit,
the Employer may request that the Bidders may extend the period of validity for a
specified additional period. The request and the Bidders‟ responses shall be made
in writing. A Bidder may refuse the request without forfeiting hisbid security. A
Bidder agreeing to the request will not be required or permitted to modify his bid,
but will be required to extend the validity of his bid security for a period of the
extension, and in compliance with Clause 16 in all respects.
16. Earnest Money/bid Security/Forfeiture/Debarment

16.1 A Bidder is required to submit, along with its BID, Security of Rs. 59.94
(Rupees Fifty -Nine Lakh and Ninety- Four Thousand only) (the "BID Security"),
refundable not later than 150 (One hundred & fifty) days from the BID Due Date,
except in the case of the Selected Bidder whose BID Security shall be retained
till it has provided a Performance Security and Additional Performance Security
(if any) as per the provision of this RFP and LOA. This Guarantee shall be
transmitted through SFMS Gateway to NHAI‟s Bank. The Bidders shall also submit,
through online payment methods such as NEFT/RTGS Rs. 10,000/- (Rupees
Thousand Only)- in favour of National Highways Authority of India, as cost of
bidding document. The bank details are as under:

S. No. Particulars Details

1. Name of National Highways Authority of
Beneficiary India
2. Name of Bank Canara Bank
3. Account No. 8598201005819
4. IFSC Code CNRB0008598

16.2 .
A. Bank Guarantee, in the name of the Employer, from following banks would
be accepted: -
i) State Bank of India or its subsidiaries,
ii) Any Indian Nationalized Bank
iii) IDBI/ICICI Bank
iv) A Foreign Bank (issued by a branch outside India) with a counter guarantee
from SBI or its subsidiaries or any Indian Nationalized Bank.
v) Any Scheduled Commercial Bank approved by RBI having a net worth of not
less than Rs. 1000 crore as per the latest Annual Report of the Bank. In the case of
a Foreign Bank (issued by a branch in India), the net worth in respect of the Indian
operations shall only be taken into account.
B. The acceptance of the guarantees shall also be subject to the
conditions that the capital adequacy of the Bank shall not be less than the latest
norms prescribed by RBI.
C. The bank guarantee issued by a Cooperative Bank shall not be accepted.
16.3 Any Bid not accompanied by an acceptable Bid Security, shall be rejected by
the Employer as non-responsive.

16.4 The Earnest Money/ Bid securities of the unsuccessful bidders will be
returned latest by 7th Day from the date of LOA.
16.5 Bid security/Earnest Money shall be refunded to the successful bidder on
receipt of a performance security and signing of Contract Agreement.
16.6 The Bid Security/Earnest Money will be forfeited:
(a) If the Bidder withdraws the Bid after Bid due date.
(b) Impairs or derogates from the tender in any respect within the period of
validity of the tender.
(c) If the bidder does not accept the correction of his bid price during evaluation;
and
(d) If the successful bidder fails to sign the contract or furnish the required
performance security within the specified period
16.7 In case of forfeiture of bid security, the bidder shall also be debarred from
participation in the works of MoRTH and its Agencies for a period of one year.

17. Alternative Proposals by bidders

17.1 Bidder shall submit offers that fully comply with the requirement of the
Bidding Documents. Conditional offer or alternate offer will not be considered
further in the process of evaluation and such a bid will be declared non- responsive.
18. Format and signing of bid
18.1 The Bidder shall submit e-bid comprising the documents as described in
Clause 12 of the ITB.
18.2 The documents as uploaded on the E-tender Portal are required to be
submitted in the Physical Form only by the lowest bidder. All the pages of the
documents as mentioned here shall be signed by the person/persons signing the Bid.
Documents as mentioned here shall contain no overwriting, alterations or additions,
except those to comply with instructions, issued by the Employer or as necessary
to correct errors made by the Bidder, in which case such corrections shall be made
by scoring out the cancelled portion, writing the correction and signing and dating
it along with the stamp by the person or persons signing theBid.

18.3 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organization / Owner of the
Firm or Organization) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to
participate in e-tendering of Employer.

18.4 DSC should be in the name of the authorized signatory as authorized in

Appendix III of this RFP or person executing/delegating such Appendix III in favor of
Authorized Signatory. It should be in corporate capacity (that is in Bidder capacity
/ in case of JV in the Lead Member capacity, as applicable). The Bidder shall submit
document in support of the class III DSC. In other cases, the bid shall be considered
Non-responsive.
 D. SUBMISSION OF BIDS

19. Marking of bids

19.1 The documents to be submitted in physical form only by the lowest bidder
as per Clause 12.2 of ITB shall be submitted in a sealed Envelope super scribed as
“Documents in Physical Form” at the top left corner. All bidders have to submit the
scanned copies of the bid documents online on the e-tender portal.

20. Deadline for Submission of bids

20.1 The Bidder shall ensure that the complete e-Bid is uploaded on the e-tender
portal on or before the Bid Due Date and time as specified in NIT/e-portal. Physical
submission of the bid is not required. However, the Envelope containing “Original
Documents in Physical Form” by the lowest bidder when called for must be
received by the Employer at the address[As mentioned in Appendix to
ITB] not later than the date indicated.

20.2 The Employer assumes no responsibility for inability of a bidder to submit

bids through the NHAI e-tendering portal on account of delay in submission at
bidder’s end. Bidders shall ensure that they submit the bid well before the “Bid Due
Date and Time of Bid-Submission”. The Employer shall not be responsible if bidder
is not able to submit the bid on account of failure in network/internet connection
or any other reason whatsoever.
20.3 The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all rights and obligations
of the Employer and the bidders previously subject to the original deadline will
then be subject to the new deadline.
20.4 A Bidder is required to submit, along with its technical BID, a self-
certification that the item offered meets the local content requirement for “Class
– I local Supplier‟ /”Class – II local Supplier‟, as the case may be. The self-
certification shall also have details of the location(s) at which the local value
addition is made. In case, bidder has not submitted the aforesaid certification the
bidder will be treated as “Non- Local Supplier‟.

In the above pretext, the Class – I Local Supplier, Class – II Local Supplier and the
Non- Local Supplier are defined as under:

(i) “Class – I local Supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for “Class – I local Supplier‟ under this RFP. The ‘local content‟
requirement to categorize a supplier as “Class – I local Supplier‟ is minimum 50%.”

(ii) Class – II local Supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class – II local Supplier‟ under this RFP. The ‘local content‟
requirement to categorize a supplier as “Class – II local Supplier‟ is minimum 20%”.
(iii) “Non - local Supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, has local content less than that
prescribed for “Class – II local supplier‟ under this RFP”.

(iv) “Local content‟ means the amount of value added in India which shall be the
total value of item procured (excluding net domestic indirect taxes) minus the value
of imported content in the item (including all customs duties) as a proportion of
the total value, in percent
In case of procurement for a value in excess of Rs. 10 crores, the ‘Class – I local
supplier‟ / ‘Class – II local supplier‟ shall provide a certificate from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing
cost accountant or practicing chartered accountant (in respect of suppliers other
than companies) giving the percentage of local content

20.5 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as

applicable and prevalent on the date of LOA, shall be applicable.

20.6 Entities of countries which have been identified by Ministry of Road Transport
& Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall
not be allowed to participate in Government procurement in India for all items
related to Ministry of Road Transport & Highways, except for the list of items
published by the Ministry of Road Transport & Highways permitting their
participation.

20.7 For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:

(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent Authority,
specified in Annexure I of Order (Public Procurement No. 1) issued by Ministry of
Finance, Department of Expenditure Public Procurement Division vide F. No.
6/18/2019-PPD, dated 23rd July 2020, which shall form an integral part of RFPand
DCA (Copy enclosed).

(ii) "Bidder from a country which shares a land border with India" means:
a) An entity incorporated, established or registered in such a country, or
b) A subsidiary of an entity incorporated, established or registered in such a
country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.

(iii) Beneficial owner for the purpose of (ii) above means:

1. In case of a company or Limited Liability Partnership, the beneficial owner
is the natural person(s), who, whether acting alone or together, or through one or
more judicial person, has a controlling ownership interest or who exercises control
through other means.

Explanation:
a) "Controlling ownership interest" means ownership of or entitlement to more
than twenty-five per cent of shares or capital or profits of the company.
b) "Control" shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their shareholding
or management rights or shareholding agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s)

who, whether acting alone or together, or through one or one or more juridical
person: has ownership of entitlement to more than fifteen percent of capital or
profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial

owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individual;

4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;

5. In case of a trust, the identification of beneficial owner(s) shall include

identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

(i) An Agent is a person employed to do any act for another, or to represent

another in dealings with third person.
(ii) The Selected Bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. The definition of "contractor
from a country which shares a land border with India" shall be as in Clause 20.7 (ii)
above.
Certificate regarding Compliance:
A certificate on the letterhead of the Bidder shall be required to be submitted by
the bidders certifying the following in the format prescribed as under:

"I/We have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India and on sub-contracting to
contractors from such countries;
I/We certify that this bidder is not from a country or, if from such a country, has
been registered with the Competent Authority as defined in Public Procurement
Order no. F.no.6/18/2019- PPD dated 23rd July 2020 and will not sub-contract any
work to a contractor from such countries unless such contractor is registered with
the Competent Authority;
I/We hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered."

It may be noted that in case the above certification is found to be false, this
would be a ground for immediate rejection of Bid/termination and further legal
action in accordance with law.

Validity of Registration:
In respect of RFP, registration should be valid at the time of submission of bids
and at the time of acceptance of bids. If the Bidder was validly registered at the
time of acceptance, registration shall not be a relevant consideration during
contract execution.

20.8 The Bidder should neither be a non-performing party on the date of opening
of tender nor on the date of issue of Letter of Acceptance (LoA). The Bidder shall
be deemed to be a non-performing party, if it attracts any or more of the following
conditions in any of its ongoing or completed project:

(i) Fails to set up institutional mechanism and procedure as per Contract.

(ii) Fails to mobilize key construction equipment within a period of 4 months

from the appointed date;

(iii) Fails to complete or has missed any milestone and progress not
commensurate with contiguous unencumbered project length /ROW availableeven
after lapse of 6 months from respective project milestone /Schedule Completion
date, unless Extension of Time has been granted due to Authority’s Default of Force
Majeure;

(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity +Debt + Grant) in BOT or HAM project and variation is more than
25% in the last 365 days;

(v) Fails to achieve target progress or complete the project as per schedule
agreed at the time of sanctioning of funds under One Time Funds Infusion (OTFI)
or relaxations to contract conditions to improve cash flow solely on account of
Concessionaire’s/contractor’s failure/default;

(vi) Fails to complete rectification (excluding minor rectifications) as per time

given in non-conformity reports (NCR) in design/completed works/maintenance or
reported in Inspection Reports issued by Quality Inspectors deployed by the
Authority or Officers of the Authority.

(vii) Fails to complete minor rectifications exceeding 3 instances in a project as

per time given in non-conformity reports (NCR) in design/completed
works/maintenance;

(viii) Fails to fulfil its obligations to maintain a highway in a satisfactory condition

in spite of two rectification notices issued in this regard;

(ix) Damages/penalties recommended by Independent/ Authority’s Engineer

during O&M Period and remedial works are still not taken up;

(x) Fails to complete Punch List items even after lapse of time for completion
of such items excluding delays attributable to the Authority;

(xi) Occurrence of minor failure of structures/highway due to constructiondefect

wherein no causalities are reported (causalities include injuries to human being/
animals);

(xii) Occurrence of major failure of structures/highway due to construction

defect wherein no casualties are reported (causalities include injuries to human
being/ animals;

(xiii) Occurrence of major failure of structures/highway due to constructiondefect

leading to loss of human lives besides loss of reputation etc. of theauthority;

(xiv) Fails to make premium payments excluding the current instalment in one or
more projects;

(xv) Fails to achieve financial closure in two or more projects within the given
or extended period (which shall not be more than six months in any case);

(xvi) Fails to submit the Performance Security within the permissible time period
in more than one project;

(xvii) Rated as an unsatisfactory performing entity/ non-performing entity by an

independent third-party agency and so notified on the website of the Authority.

(xviii) Failed to perform for the works of Expressways, National Highways, ISC & EI
works in the last 2(two) years, as evidenced by imposition of a penalty by an arbitral
or judicial authority or a judicial pronouncement or arbitral award against the
Bidder, including individual or any of its Joint Venture Member, as the case may be.
(xix) Expelled from the contract or the contract terminated by the Ministry of
Road Transport & Highways or its implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member; Provided that any such
decision of expulsion or termination of contract leading to debarring of the Bidder
from further participation in bids for the prescribed period should have been
ordered after affording an opportunity of hearing to such party.

(xx) Fails to start the works or causes delay in maintenance & repair/overlay of
the project.

In case, any debarred/declared non performer firm submits, the bid, the same
will be ignored. In case such firm is lowest (L-1), next lowest firm shall be
considered as L-1

21. Late Submission of Documents in Physical Form:

21.1 Deleted.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their e-bids as directed on the e-tendering
portal, before the Bid Due Date and time as prescribed in Clause 20.
22.2 No bid may be modified after the deadline for online submission of bids.
22.3 Withdrawal or modification of a Bid between the deadline for submission of
bids and the expiration of the original period of bid validity specified in Clause
15.1 or as extended pursuant to Clause 15.2 shall result in the forfeiture of the
Bid Security pursuant to Clause 16.
22.4 Bidders may modify the prices of their bids before deadline of online
submission of bid.
22.5 No Late and delayed bids after Bid Due Date and time shall be permitted in
e-tendering portal System. Time being displayed on e-Tendering Portal shall be final
and binding on bidders and bids have to be submitted by bidders considering this
time only and not the time as per their location/country.
 E. BID OPENING, CLARIFICATION OF BIDS AND EVALUATION

23. Bid Opening, Clarification of Bids and Evaluation

23.1 Bid opening shall be carried out in two stages. Firstly, Part-I ‘Technical Bid”
of all the Bidders received shall be opened on the date and time mentioned in
Notice Inviting Tender (NIT). Part-II “Financial Bid‟ of those bidders whose
technical bid has been determined to be substantially responsive shall be opened
on a subsequent date through online process of e-tendering, which will be notified
to such bidders.
23.2 In all cases, the amount of Earnest Money, forms and validity shall be
announced. Thereafter, the Employer at the opening as the Employer may consider
appropriate, will announce the Bidders‟ names and such other details.
23.3 The Employer will prepare minutes of the Bid opening, including the
information disclosed to those present in accordance with this Clause 23.
23.4 The bids accompanied with valid bid security, bid document fee, will be
taken up for evaluation with respect to the Qualification Information and other
information furnished in Part I of the bid pursuant to Clause 12.1.
As soon as possible, the Employer will finalize the list of responsive bidders whose
financial bids are eligible for consideration. However, to assist in the examination,
evaluation of technical bids, the Employer may at his discretion, ask any bidder
for clarification of his bid, however, no additional documents in support of
clarification will be entertained.
23.5 The Employer shall inform the bidders about the result of technical
evaluation by uploading on the web portal giving 7 days‟ time for objections, if
any, from the bidders. The Employer shall finalize the evaluation of technical bids
after due consideration of objections received and intimate the bidders, whose
Technical Bids are found responsive, of the date, time and place of opening of the
Financial Bids. The Bidders so informed, or their representative, may attend the
event of opening of Financial Bids.
23.6 At the time of the opening of the “Financial Bid‟, the names of the bidders
whose bids were found responsive in accordance with Clause 23.5 will be
announced. The financial bids of only these bidders will be opened. The responsive
bidders‟ names, the Bid prices, the total amount of each bid, pursuant to Clause
22 and such other details as the Employer may consider appropriate will be
announced by the Employer at the time of bid opening.
23.7 The Employer shall prepare the minutes of the opening of the Financial
Bids.

24. Process to be Confidential

24.1 Information relating to the examination, clarification, evaluation,
and comparison of bids and recommendations for the award of a contract shall
not be disclosed to bidders or any other person not officially concerned with such
process until the award to the successful Bidder has been announced. From the
time of bid opening to the time of contract award, no bidder shall contact the
Employer on any matter related to the bid, except on request and prior written
permission. Any attempt by a Bidder to influence the Employer’s processing of bids
or award decisions may result in the rejection of his Bid.

25. Contacting the Employer

25.1 Any effort by the Bidder to influence the Employer in the Employer’s bid
evaluation, bid comparison or contract award decisions may result in the rejection
of the Bidders‟ bid.

26. Examination of bids and Determination of Responsiveness

26.1 During the detailed evaluation of “Technical Bids”, the Employer will
determine whether each Bid.
(a) meets the eligibility criteria defined in Clauses 3 and 4;
(b) contains the required documents as per format given in RFP and the documents
uploaded by the bidder are in order; and
(c) is substantially responsive to the requirements of the Bidding Documents.
(d) Self-Certification
Self- certification by the Bidder that its Bid meets the Local Content requirement
for “Class – I Local supplier‟/ “Class – II Local supplier‟, as the case may be. The
Self-certification shall also have details of the location(s) at which the local value
addition is made. In case, bidder do not submit the aforesaid Certification, the
bidder will be summarily treated as “Non-Local Supplier‟.
In case of procurement for a value in excess of Rs. 10 crores, the “Class – I Local
supplier‟ / “Class – II Local supplier‟ shall have to provide a Certificate from the
Statutory Auditor or Cost Auditor of the Company (in case of Companies) or from a
practicing Cost Accountant or practicing Chartered Accountant (in respect of
Suppliers other than Companies) giving the percentage of Local Content upon
Construction of the Project.
(e) It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organization / Owner of the
Firm or Organization) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to participate in e- tendering
of Employer.
DSC should be in the name of the authorized signatory as authorized in Appendix
III of this RFP or person executing/delegating such Appendix III in favour of
Authorized Signatory. It should be in corporate capacity (that is in Bidder capacity
/ in case of JV in the Lead Member capacity, as applicable). The Bidder shall
submit document in support of the class III DSC. In other cases, the bid shall be
considered Non-responsive.

27. Deleted

28. Evaluation and Comparison of Financial bids

28.1 The Employer will evaluate and compare only the bids determined to be
substantially responsive in accordance with Clause 26.
28.2 If the Bid of the successful Bidder is seriously unbalanced in relation to
the Employer’s estimate of the cost of work to be performed under the contract,
the Employer may require that the amount of the Performance Security set forth in
Clause 32 be increased and an additional Performance Security maybe obtained at
the expense of the successful Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under the
Contract. The amount of the additional increased Performance Security as decided
by the Employer shall be final, binding and conclusive on the bidder.

If the Bid Price offered by the Selected Bidder is lower than 20% of the estimated
Project Cost/ cost put to tender, then the Additional Performance Security shall be
calculated @20% of the difference in the (i) Estimated Project Cost (as mentioned
in RFP)-20% of the Estimated Project Cost and (ii) the Bid Price offered by the
selected Bidder.

(ii) Maximum Limit of Additional Performance Security shall be limited to 3% of the

Bid Price offered by the Selected Bidder.

(iii) The Additional Performance Security shall be treated as part of the

Performance Security.
 F. AWARD OF CONTRACT

29. Award Criteria

29.1 Subject to Clause 31, the Employer will award the Contract to the Bidder
whose Bid has been determined to be substantially responsive according to the
bidding documents and who has offered the lowest evaluated Bid price. The value
of Bid Price shall be exclusive of amount of Emergency Works.
29.2 The Bidder shall be declared as the selected Bidder (the “Selected Bidder”)
in pursuance to the procedure defined hereunder:
Among all the responsive bidder, the lowest bidder will be termed as L1. If L1 is
“Class-I Local Supplier‟, the contract will be awarded to L1.
If L1 is not “Class - I local supplier‟ the lowest bidder among the “Class - I local
supplier‟, will be invited to match L1 price subject to Class I local supplier’s quoted
price falling within the margin of purchase preference, and the contract will be
awarded to such “Class - I local supplier‟ subject to matching the L1 price.
In case such lowest eligible “Class - I local supplier‟ fails to match the L1 price, the
“Class - I local supplier‟ with the next higher bid within the margin of purchase
preference shall be invited to match the L1 price and so on and contract shall be
awarded accordingly.
In case none of the “Class - I local supplier‟ within the margin of purchase
preference matches the L1 price, the contract shall be awarded to the L1 bidder.
Margin of purchase preference‟ means the maximum extent to which the price
quoted by a “Class - I local supplier‟ may be above the L1 for the purpose of
purchase preference. The margin of purchase preference shall be 20%.

30. Employer’s Right to accept any bid and to reject any or all bids
30.1 Notwithstanding Clause 29, the Employer reserves the right to accept or
reject any Bid, and to cancel the bidding process and reject all bids, at any time
prior to the award of Contract, without thereby incurring any liability to the
affected Bidder or bidders or any obligation to inform the affected Bidder or bidders
of the grounds for the Employer’s action.

31. Notification of Award and Signing of Agreement.

31.1 The Bidder whose Bid has been accepted will be notified of the award by the
Employer prior to expiration of the Bid validity period by e-mail or facsimile
confirmed by registered letter. This letter (hereinafter and in the Part I General
Conditions of Contract called the “Letter of Acceptance”) will state the sum that
the Employer will pay to the Contractor in consideration of the execution,
completion of maintenance Works (Initial rectification works, periodical
maintenance works, Routine maintenance works and Emergency works) by the
Contractor as prescribed in the Contract (hereinafter and in the Contract called
the “Contract Price”).The notification of award will constitute the
formation of the Contract, subject only to the furnishing of a performance
security in accordance with the provisions of Clause 32.
31.2 The Agreement will incorporate all agreements between the Employer and
the successful Bidder. It will be signed by the Employer and the successful Bidder
after the performance security is furnished.
31.3 Upon furnishing of the Performance Security by the successful Bidder, the
Employer will promptly notify the other Bidders that their Bids have been
unsuccessful.

32. Performance Security

32.1 Within 30 (Thirty) days after receipt of the Letter of Acceptance, the
successful Bidder shall deliver to the Employer, an irrevocable and unconditional
guarantee from a Bank in the form set forth in Section-4 (the “Performance
Security”) of three percent of the Contract Price plus any additional security for
unbalanced Bids in accordance with ITB Clause 28.2, valid for the period of 60 days
after the expiry of defect liability period and sign the contract. The validity shall
account for additional 3 months‟ time for Bank Guarantee verification, signing
of contract and start date.
(A) The performance security in form of Bank Guarantee, in the name of the
Employer, from following banks would be accepted: -
i) State Bank of India or its subsidiaries,
ii) Any Indian Nationalized Bank
iii) IDBI/ICICI Bank
iv) A Foreign Bank (issued by a branch outside India) with a counter guarantee
from SBI or its subsidiaries or any Indian Nationalized Bank.
v) Any Scheduled Commercial Bank approved by RBI having a net worth of not
less than Rs. 1000 crore as per the latest Annual Report of the Bank. In the case of
a Foreign Bank (issued by a branch in India), the net worth in respect of the Indian
operations shall only be taken into account.
(B) This Guarantee shall be transmitted through SFMS Gateway to Authority’s Bank.
(C) The acceptance of the guarantees shall also be subject to the conditions that
the capital adequacy of the Bank shall not be less than the latest norms prescribed
by RBI.
(D) The bank guarantee issued by a Cooperative Bank shall not be accepted.
32.2 The agreement will be executed within 10 days of receipt of Performance
Security.
32.3 Failure of the successful bidder to comply with the requirement of ITB Clause
32.1 shall constitute sufficient ground for cancellation of the award and forfeiture
of the Bid Security and debarment for a period as specified in ITB Clause
16.7.
33. Advances
33.1 The Employer will provide Mobilization Advance as provided in General
Conditions of Contract (GCC).
 G. CORRUPT OR FRAUDULENT PRACTICES

34. Corrupt or Fraudulent Practices

34.1 The bidders and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the bidding process.
Notwithstanding anything to the contrary contained herein, the Employer may
reject any bid without being liable in any manner whatsoever to the bidder if it
determines that the bidder has, directly or indirectly or through an agent, engaged
in corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the bidding process.
34.2 Without prejudice to the rights of the Employer under Clause 34.1
hereinabove, if any bidder is found by the Employer to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during the
bidding process, such bidder shall not be eligible to participate in any tender issued
by the Employer during a period of 2 (two) years from the date such bidder is found
by the Employer to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as the case may be.
34.3 For the purposes of this Clause 34, the following terms shall have the
meaning hereinafter respectively assigned to them:
a) “corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any person
connected with the bidding process (for avoidance of doubt, offering of
employment to, or employing, or engaging in any manner whatsoever, directly or
indirectly, any official of the Employer who is or has been associated in any manner,
directly or indirectly, with the bidding process or has dealt with matters concerning
the Contract or arising therefrom, before or after the executionthereof, at any time
prior to the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of the Employer, shall be deemed to constitute
influencing the actions of a person connected with the bidding process); engaging
in any manner whatsoever, whether during the bidding process or after the award
or after the execution of the Contract, as the case may be, any person in respect
of any matter relating to the Works, who at any time has been or is a legal, financial
or technical adviser of the Employer in relation to any matter concerning the Works;
b) “Fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
bidding process;
c) “Coercive practice” means impairing or harming or threatening to impair or
harm, directly or indirectly, any person or property to influence any person’s
participation or action in the bidding process;
d) “Undesirable practice” means establishing contact with any person
connected with or employed or engaged by the Employer with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence the
bidding process; and
e) “Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among bidders with the objective of restricting or
manipulating a full and fair competition in the bidding process.
The Employer requires the Bidder/Contractor to strictly observe the laws against
fraud and corruption enforced in India, namely Prevention of Corruption Act, 1988.
 H. LABOUR LAWS AND FUNDAMENTAL BREACH

35. Labor Laws and Regulations

35.1 The Bidders shall be aware of the provisions of various Labor Laws,
Regulations and Welfare Measures applicable for Construction Workers in India, and
other obligations stated in the Conditions of Contract.

36. Fundamental breach and other obligations

36.1 The Bidders shall be aware of the provisions of Fundamental Breach and
other obligations stated in the Conditions of Contract.
 SECTION-2
Appendix to ITB

ITB Clause Reference

1.1) The Employer is National Highways Authority of India.
1.2) Name and identification number of Works and services under this
contract shall be as below:
[PBMC O&M work of 4 Laning of Simga-Sargaon (PKG - II) of NH-200 section from Km 48+580 to
Km 91+026 and Sargaon- Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km 126.525
section of Raipur-Bilaspur in the State of Chhattisgarh.
The Works and Services under the contract will cover the Roads indicated above
and will consist of:
a) Routine Maintenance (RM) Services or “Services” consisting of all
interventions on the Roads which are to be carried out by the contractor in order
to achieve and keep the Road performance standards defined by the Service Level
included in Section 5, Specifications for Works and Services of this bidding
document, and all activities related to the management and evaluation of the road
network under contract;
b) Initial Rectification (IR) works, as indicated in the Section 7 for the
sections of the Road(s), consisting of specific types of civil works described in the
Specifications; however contractor is to make his own assessment for minimum
works required to be executed to bring the road condition within the defined service
levels in first six months as per the contract document
c) Periodic Maintenance (PM) works to be executed when requested in the
Section 7 for the sections of the Road(s), consisting of specific types of civil works
described in the Specifications;
d) Emergency Works consisting of activities needed to do the temporary
restoration of roads, structures and other Assets in the right of way which has been
damaged as a result of natural phenomena with imponderable consequences, such
as strong storms, flooding, and earthquakes
[(4.1 j (1)]3 The key equipment to be deployed on contract work shall be as per
requirement of the work as decided by the Engineer & incorporated in the
Maintenance Program.
Name of the Equipment Quantity
(a) For bituminous/concrete pavement and earthwork:
1. Mobile Maintenance Unit with necessary equipment –

S. No. Project Length for maintenance No. of Mobile units*

1 Up to 50 km 1
2 More than 50 km and up to 150 km 2
3 More than 150 km and up to 300 km 3

(*)- Project length specified in Table above is indicative. The Employer while
inviting bids may review for making appropriate provision about number of
mobile units required.
The MMU shall be a new truck or already purchased (minimum 6 tonne) well
fabricated and GPS enabled to meet the requirement, painted and labelled
appropriately for safety and public awareness to the Employer’s satisfaction. Each
MMU shall have as a minimum requirement:
i. 1 No. Patrol Foreman
ii. 1 No Heavy Vehicle Driver
iii. 5 No. Maintenance Workers
iv. MMU to be equipped with 2 no Mobile Phone
v. Geotag Enabled Camera for video recording the section in Full HD quality
(1920 x 1080 pixels)
vi. 1 No. Jack Hammer
vii. 1 No. Compressor
viii. 1 No. Vibrating Plate Compactor
ix. 1 No. Chainsaw
x. 2 No. Portable grinder
xi. 2 No. steel wire brush
xii. 5 No. Putty knife
xiii. 1.0. m3 Cold Storable Bituminous Premix and 0.5 m3 of sand
xiv. 25 kg of General Purpose, Non-shrink Cementitious Grout
xv. 5 kg Epoxy Grout
xvi. 0.25 m3 GSB Grade-V/VI (MoRTH specification 401)
xvii. 0.25 m3 WMM (MoRTH specification 406)
xviii. Cold Poured Joint Sealing Compound (MoRTH specification 602.2.10)
xix. 2 No. “Half Road Closed” Signs
xx. 2 No. “Roadworks Ahead Signs”
xxi. 12 No. 300 mm plastic „high visibility‟ coloured traffic cones
xxii. 200 kg drum of Bitumen Emulsion
xxiii. A hand (or electric) Emulsion Spray Pump
xxiv. A Portable Electric Air Blower
xxv. 200 litre drum of Water
xxvi. 2 No. Rakes
xxvii. 2 No. Long Handle Shovels
xxviii. 2 No. Long Handle Heavy Duty Brooms
xxix. 2 No. Picks
xxx. High Visibility Jackets (Uniform) for all the MMU crew
xxxi. Foldable aluminium ladder.
xxxii. Operational Flashing amber lights fitted to the Patrol Truck
xxxiii. Mobile Maintenance Unit (MMU) Vehicle Identification visibly painted on
Vehicle (Contractor‟s Name, Client‟s Name, Road Names, Unit No., and
Emergency Contact Phone No.)
xxxiv. Grass Cutter

The MMU shall also be the "Initial Emergency Response Unit" along with Route
Patrol Vehicle and shall have the capability of the following:
▪ Capable to hold a half cubic metre of sand (or other suitable absorptive or
granular material depending on the nature of the requirement);
▪ After hour response a minimum two person crew;
▪ Emergency kit of temporary warning signs, flashing lights, barriers, safety
clothing, shovels and brooms.

Also the MMU must carry at all times the Emergency No. of Police, Fire, Ambulance,
Medical/Hospital centre along entire route to facilitate help in eventof accidents
and emergency encountered. A listing of all emergency contact phone numbers shall
be circulated by the Contractor to all relevant officers, including the Contractor’s
staff and the Employer prior to the Start Date.

2. ** Sensor Paver 1
3. * *Vibratory Roller (8/10 T) 1
4. Static Roller (8/10 T) 1
5. Small Roller/Compactor 1
6. Bitumen/emulsion sprayer 1
7. Mechanical Broom (1250 sqm per hour) 1
8. Air compressor 2
9. Grader/Backhoe loader 1
10. Water Tanker 2
11. Dewatering Pumps 2
12. Tipper/dumper Truck 2
13. Mini hot mix plant (6/10 T/Hr capacity) with indirect 1
heating arrangements
14. * *Hot Mix Plant 1
15. **String line set 1
Note: (**) - Equipment to be included if periodic maintenance is also included in
the contract.

(b) For Concrete pavement:

Other Equipment to be deployed as per the Requirement of the Work items
besides as listed in (a) above.
(c) For culverts, bridges and structures:

To be deployed as per the Requirement of the Work items

(d) Other equipment:

As per Requirement of the Works

Note: The bidder must upload scanned copy of the documentary evidence in support
of his owning/ leased/rented of the above equipment along with fitness certificates.
In case the bidder proposes to hire or take the above equipment on lease, he should,
along with the lease/rent agreement, attach the proof of ownership of this
equipment with the company/entity from whom the equipment are proposed to be
hired on lease/rent. Any conditional evidence of deployment of above equipment
or inadequate proof as required for any of the equipment shall make the bid non-
responsive and financial bid shall not be opened.
[4.1 j (2)]4 The Number of Technical Personnel, Qualifications and Experience will
be as follows:

S. Personnel Qualification Particular Experience No. of

No. (minimum requirement) Perso
ns
1 Project Manager Degree in Civil 8 years as Project 1
Engineering Manager/ Team Leaderof
ConsultancyContract on
Highway,Bridge
construction/Maintena
nce works

2 Site Engineer-cum- Degree in 4 years on Highway 1

Surveyor Engineer Civil Engineering Construction/Maintenance
cum Material works
Engineer
3 Incident cum Road Graduate from 3 years on Highway 1
Property Manager a Property Management
cum Route recognized University and Maintenance
Operation Manager
4 Road Safety Auditor Road Safety Audit 5 years‟ experience 3 days
Certificate from in
appropriate approved every
Govt. agency 3
mont
hs
Note: The signed CVs must be uploaded along with the bid. Non-compliance of the
above or non- furnishing of the CV as above or conditional deployment of any of the
above personnel or proposal to employ lesser number of personnel than above shall
 make the bid non-responsive and financial bid shall not be opened. All such CVs are
subject to the acceptance by the Concerned General Manager (Tech.)

The contact person is:

General Manager (T) Chhattisgarh

National Highways Authority of India
G-5 & 6, Sec-10, Dwarka, New Delhi – 110075
Email: [email protected]
Phone:-011-25074100/4200, Ext: 1215/3546
[9.2.1] Pre-bid meeting shall be held on (Date and Time)
 SECTION – 3
QUALIFICATION INFORMATION

The information to be filled in by the Bidder in this section and documents submitted
in physical form by the lowest Bidder will be used for the purposes of post
qualification as provided for in Clause 4 of the Instructions to Bidders. This
information will not be incorporated in the Contract.
 Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if

any, in India:
(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Bidder including details of its main lines

of business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/

communication for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of
the Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 3.2 (f)
should be attached to the Application.
(c) Information regarding the role of each Member should be provided as
per table below:
Sl. Name of Member Role* Share of work in the
{Refer Clause 3.2 Project {Refer Clauses 3.2
(d)}$ (a), (f) & (g)}
1.
2.
3.

$All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the
particulars relating to such Applicant.
 * The role of each Member, as may be determined by the Applicant, should
be indicated in accordance with instruction 4 at Annex-IV.
(d) The following information shall also be provided w.r.t clause 3.3 for each
Member of the Joint Venture:
Name of Applicant/ member of Joint Venture:

Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint
Venture been barred by the Ministry of Road
Transport & Highways or its implementing
agencies for the works of Expressways,
National Highways, ISC and El works, from
participating in bidding.
2 If the answer to 1 is yes, does the bar subsist
as on BID due date.

6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither
failed to perform for the works of Expressways, National Highways, ISC & EIworks,
as evidenced by imposition of a penalty by an arbitral or judicial authority or a
judicial pronouncement or arbitral award against us, nor been expelled or
terminated by Ministry of Road Transport & Highways or its implementing agencies
for breach on our part.

(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories
of being a non-Performing entity given at Clause 3.3 of Instructions to Bidders in the
projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies and furnished the complete
details.

7(a) I/ We further certify that no investigation by a regulatory authority is pending

either against us/any member of Joint Venture or our sister concern or against our
CEO or any of our directors/managers/employees.

(b) I/ We further certify that no investigation by any investigating agency in India

or outside is pending either against us/ any member of Joint Venture or our sister
concern or against our CEO or any of our directors/managers/employees.
A statement by the Bidder and each of the Members of its Joint Venture (where
applicable) disclosing material non-performance or contractual non-compliance in
current projects, as on bid due date is given below (attach extra sheets, ifnecessary)
w.r.t. Clause 3.3.
Name of the Bidder /Member of JV:
Sr. Categories of Non-Performer Name of the
No. Projects (s)
(i) Fails to set up institutional mechanism and procedure
as per Contract.
(ii) Fails to mobilize key construction equipment within a
Sr. Categories of Non-Performer Name of the
No. Projects (s)
period of 4 months from the appointed date
(iii) Fails to complete or has missed any milestone and
progress not commensurate with contiguous
unencumbered project length /ROW available even after
lapse of 6 months from respective project milestone
/Schedule Completion date, unless Extension of Time
has been granted due to Authority’s Default of
Force Majeure;
(iv) Fails to achieve progress commensurate with funds
released from Escrow Account (Equity +Debt + Grant) in
BOT or HAM project and variation is more than 25% in
the last 365 days;
(v) Fails to achieve target progress or complete the project
as per schedule agreed at the time of sanctioning of
funds under One Time Funds Infusion (OTFI) or
relaxations to contract conditions to improve
cash flow solely on account of
Concessionaire’s/contractor’s failure/default;
(vi) Fails to complete rectification (excluding minor
rectifications) as per time given in non-conformity
reports (NCR) in design/completed works/maintenance
or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the
Authority.
(vii) Fails to complete minor rectifications exceeding 3
instances in a project as per time given in non-
conformity reports (NCR) in design/completed
works/maintenance;
(viii) Fails to fulfil its obligations to maintain a highway in a
satisfactory condition in spite of two rectification
notices issued in this regard;
(ix) Damages/penalties recommended by Independent/
Authority’s Engineer during O&M Period and remedial
works are still not taken up;
(x) Fails to complete Punch List items even after lapse of
time for completion of such items excluding delays
attributable to the Authority;
(xi) Occurrence of minor failure of structures/highway due
to construction defect wherein no causalities are
reported (causalities include injuries to human being/
animals);
(xii) Occurrence of major failure of structures/highway due
to construction defect wherein no casualties are
reported (causalities include injuries to human being/
animals;
(xiii) Occurrence of major failure of structures/highway due
to construction defect leading to loss of human lives
Sr. Categories of Non-Performer Name of the
No. Projects (s)
besides loss of reputation etc. of the authority;
(xiv) Fails to make premium payments excluding the current
instalment in one or more projects;
(xv) Fails to achieve financial closure in two or more
projects within the given or extended period (which
shall not be more than six months in any case);
(xvi) Fails to submit the Performance Security within the
permissible time period in more than one project;
(xvii) Rated as an unsatisfactory performing entity/ non-
performing entity by an independent third-party agency
and so notified on the website of the Authority.
(xviii) Failed to perform for the works of Expressways, National
Highways, ISC & EI works in the last 2(two) years, as
evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of
its Joint Venture Member,
as the case may be.
(xix) Expelled from the contract or the contract terminated
by the Ministry of Road Transport & Highways or its
implementing agencies for breach by such Bidder,
including individual or any of its Joint Venture Member;
Provided that any such decision of expulsion or
termination of contract leading to debarring of the
Bidder from further participation in bids for the
prescribed period should have been ordered after
affording an opportunity of hearing to such party.
(xx) Fails to start the works or causes delay in maintenance
& repair/overlay of the project.
I/ We certify that the list is complete and covers all the projects of Expressways,
National Highways, ISC and EI works of Ministry of Road Transport & Highways or its
implementing agencies and that we/ any of the JV partners do not fall in any of
the above categories of being a non-Performing entity.
(Signature, name and designation of the authorized signatory)
For and on behalf of……………………………………..
 Appendix-IA
Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 4.3, 4.6 and 4.8 of the RFP)
Applicant Projec Cate- Experience** (Equivalent Rs. crore)$$ Technical
type t gory$ Payments Experience
received Value of self-
Code* £
for construction/ construction/
maintenance of maintenance in
Eligible Projects in Eligible Projects in
Categories 3 Categories 1
(1) (2) (3) (4) (5) (6)
Single entity A
Bidder or
B
Lead Member
including C
other D
members of
the Joint E
Venture F
Aggregate Technical Experience =

@ Provide details of only those projects that have been undertaken by the Applicant, or
its Lead member including members in case of joint venture, under its own name
separately and/ or by a project company eligible under Clause 4.7(i)(b). In case of
Categories 1 and 2, include only those projects which have an estimated capital cost
exceeding the amount specified in Clause 4.7 (i)(c) and for Categories 3 and 4, include
only those projects where the payments received exceed the amount specified in Clause
4.7(ii).

* Refer Annex-IV of this Appendix-I. Add more rows if necessary.

$ Refer Clause 4.6 (i)

** Construction shall not include supply of goods or equipment except when such goods
or equipment form part of a turn-key construction contract/ EPC contract for the project.
In no case shall the cost of maintenance and repair, operation of Highways and land be
included while computing the Experience Score of an Eligible Project.

$$For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**) 5
to a US Dollar.

5The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight)
days prior to the Application Due Date.

49
£. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
4.6 (ii) and the product thereof shall be the Experience Score for such Eligible Projects.

NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-IA

shall be provided separately for other Members so as to establish that each such Member
has 20 percent or more of the Threshold Technical Capacity. (Refer Clause 4.5).

50
 Appendix-IA
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 4.4, 4.10(i), 4.9(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year Year Year Year Year Year 1
1 2 3 4 5
Single entity Bidder or Lead Member
including other members of theJoint
Venture
TOTAL

Bidder type Annual Turnover Average

Annual
Year 1 Year 2 Year 3 Year 4 Year 5
Turnover
(Rs. Updati (Rs. Updati (Rs. Updati (Rs.) Updati (Rs. Updati (In Rs.
) on ) on ) on on ) on crore$)
factor factor factor factor factor
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+
6x7+8x9+1
0x11)/5
Single 1.00 1.05 1.10 1.15 1.20
entity
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

$ For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£The Bidder should provide details of its own Financial Capacity.

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements
and Annual Reports for 5 (five) years preceding the Bid Due Date. The financial
statements shall:

51
 (a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited
(no statements for partial periods shall be requested or
accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium
account, after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of assets,
write-back of depreciation and amalgamation.

4. Year 1 will be the latest completed financial year, preceding the bidding. Year
2 shall be the year immediately preceding Year 1 and so on. In case the Bid Due
Date falls within 3 (three) months of the close of the latest financial year, refer
to Clause 4.4.

5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 3.2 (f) of the RFP document.

6. The Bidder shall also provide the name and address of the Bankers to the
Bidder.

7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net
worth in accordance with Clause 4.10 (ii) of the RFP document.

52
 ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 4.3, 4.6 and 4.8 of the RFP)
Project Code: Entity: Self/Members:

Appendix IAAnnex-IV
Item Refer Particulars of the
Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction/
maintenance or work executed and certified by the
Engineer-in-charge/Independent
Engineer/Authority’s Engineer, and/or
(b) revenues appropriated for self-construction/
maintenance under PPP projects
Entity for which the project was constructed 7
/Maintained
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in
this Annex. The projects cited must comply with the eligibility criteria specified in
Clause 4.7 (i) and 4.7 (ii) of the RFP, as the case may be. Information provided in
this section is intended to serve as a backup for information provided in the
Application. Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 4.6 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self-construction/
maintenance for each Eligible Project are to be stated in Annex-II of this Appendix-
I. The figures to be provided here should indicate the break-up for the past 5 (five)
financial years. Year 1 refers to the financial year immediately preceding the Bid
Due Date; Year 2 refers to the year before Year 1, Year 3 refers to the year before
53
 Year 2, and so on (Refer Clause 4.3). For Categories 1 and 2, expenditure on
construction/maintenance of the project by the Applicant itself should be provided,
but only in respect of projects having an estimated capitalcost exceeding the
amount specified in Clause 4.7 (i)(c). In case of Categories 3 and 4, payments
received only in respect of construction/ maintenance should be provided, but only if the
amount received exceeds the minimum specified in Clause 4.7(ii). Receipts for
construction works include capital expenditure, as wellas expenditure on maintenance &
repair and operation of Highways.
7. In case of projects in Category 1, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of projects in Category 3, similar
particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 4.7 (i) and
4.7 (ii)
9. For Category 1, the date of commissioning of the project, upon completion, should
be indicated. In case of Categories 3, date of completion of construction should be
indicated. In the case of projects under construction, the likely date of completion
or commissioning, as the case may be, shall be indicated.
10. For Category 1, the equity shareholding of the Bidder, in the company owning the
Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 4.7 (i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice.
In other words, no double counting in respect of the same experience shall be
permitted in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder
may provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1£, it should provide a
certificate from its statutory auditor in the format below as per Clause 4.7 (i) (d)
:

Certificate from the Statutory Auditor regarding PPP projects

Based on its books of accounts and other published information authenticated by it, this
is to certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..%€ of the total paid up and
subscribed equity capital) of the project company from …………... (date) to ……………..
(date)¥The project was/is commenced on ………(date) and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs ............. cr.
(Rupees …………………crore), of which the applicant has itself undertaken the construction/
Maintenance of project of Rs. ………(Rupees ………. Crores) excluding any part of the
project for which any contractor, sub-contractor or other agent was

$ In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
£ Refer Clause 4.6 of the RFP.

 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
54
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
€ Refer instruction no. 10 in this Annex-IV.
¥ In case the project is owned by the Applicant company, this language may be suitably modified to read: “It

is certified that …………….. (name of Applicant) constructed and/ or owned the..................... (name of project)
from ……………….. (date) to .......................... (date).”

55
appointed for the purpose of construction/ maintenance by the aforesaid Applicant
itself, during the past five financial years as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorized
signatory)

14. If the Bidder is claiming experience under Category 3 & 4, as per Clauses 4.6 and
4.7 (ii) of the RFP, it should provide a certificate from its Statutory Auditor/client/
Engineer-in charge/ Independent Engineer/Authority’s Engineer inthe format below:
Certificate regarding construction/ maintenance works
Based on its books of accounts and other published information authenticated by
it, This is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of project)
for ........................(nature of project). The construction/ maintenance of the project
commenced on …………..(date) and the project was/ is likely to be commissioned
on …………… (date, if any). It is certified that Bidder received payments from its
Clients for Construction/ Maintenance Works executed by them or work executed
and certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer, in the aforesaid construction works.
We further certify that the total estimated capital cost of the project is Rs cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer Rs. ……… cr. (Rupees ……………………… crore), during the past five financial
years as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share
of the Applicant who undertook these works as a partner or a member of joint
venture.
We further certify that applicant has a share of % in the Joint Venture/Consortium.

(Authorized Signatory)
Date:


Refer Clauses 4.6 and 4.7(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the
work of other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory
Auditor and accordingly the language may be suitably modified.

This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.

56
15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the
relevant project in computation of Experience.

57
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture)

Ref. Date:

To,
General Manager (T)
National Highways Authority of India,
G-5 & 6, Sector-10, Dwarka,
New Delhi-110075

Dear Sir,

We hereby confirm that we/ our members in the Joint Venture (constitution of which has
been described in the application) satisfy the terms and conditions laid out in the RFP
document.

We have agreed that …………………… (insert member’s name) will act as the Lead Member
of our Joint Venture.*

We have agreed that ………………….. (insert individual’s name) will act as our representative/
will act as the representative of the Joint Venture on its behalf* and has been duly
authorized to submit the RFP. Further, the authorized signatory is vested with requisite
powers to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorized signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

58
 Appendix - IA
Annexure-VI
Information required to evaluate the BID Capacity under clause 4.2:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects (Turnkey
projects / Item rate contract/ Construction works) undertaken by the Bidder during
the last 5 years is as follows (the amount of bonus received, if any, shall be indicated
separately):
2.
Sl. Year Value of Civil Engg. Amount of Net Value
No. Works undertaken w.r.t. bonus (Rs. excluding
EPC Projects including in Crores) bonus (Rs. in
bonus, if any (Rs. in Crores)
Crores)
1 2022-23/2022
2 2021-22/2021
3 2020-21/2020
4 2019-20/2019
5 2018-19/2018

3. Maximum value of projects that have been undertaken during the F.Y.
out of the last 5 years and value excluding amount of bonus thereof is Rs.
Crores (Rupees ). Further, value updated to
the price level of the year indicated in Appendix is as follows:

Rs. Crores x (Updation Factor as per Appendix) = Rs. Crores

(Rupees )

4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated
to the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount Updation Updated Amount of
No. Year of Bonus Factor Bonus (Rs. in
(Rs. in Crores)
Crores)
1 2022-23/2022 1.00
2 2021-22/2021 1.05
3 2020-21/2020 1.10
4 2019-20/2019 1.15
5 2018-19/2018 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorized
Seal of the audit firm: (Signature, name and Signatory
designation
: and Membership No. of
authorized signatory) For and on behalf of ………………(Name of
Date: Place:

59
 To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed during the next 05 years is as follows:

Sl. Name Percentag Dater of Constructi Value Value of Balance Anticipat Balance
No. of e of start / on period of work value of ed date value of
Projec participati appointe as per contrac complete work to of work at
t/Wor on of d date Agreemen t as per d be completi 2022-
k Bidder in of t/ LOA Agreem complete on 23/2022
the project ent d price level
project /LOAβ

Rs. in Rs. in Rs. in Rs. in Crore

Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2022-23/2022 1.00
2 2021-22/2021 1.05
3 2020-21/2020 1.10
4 2019-20/2019 1.15
5 2018-19/2018 1.20
The Statement showing the value of all existing commitments works for which the bidder
has emerged as the winner of the Bid and anticipated value of work to be completed in
the period of construction of the project for which bid is invited and ongoing works as well
as the stipulated period of completion remaining for each of the works mentioned above
is verified from the certificate issued that has been countersigned by the Client or its
Engineer-in-charge not below the rank of Executive Engineer or equivalent in respect of
EPC Projects or Concessionaire / Authorized Signatory of SPV in respect of BOT Projects.
No works for which the bidder has emerged as winner of the Bid has been left in the
aforesaid statement which has been awarded to M/s ........................ individually / and other
member M/s ……………….. and M/s ………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorized Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
For and on behalf of ........................ (Name authorized signatory)
of the Bidder)

60
 Date:
Place:

β
In case balance period of construction is less than the value of period of maintenance of the project
for which bid is invited, then full value of contract as per Agreement/LOA to be mentioned, else,
anticipated value of work to be completed in the period of construction of the project for which bid is
invited is to be mentioned. In the absence of the anticipated value of work to be completed,the
proportionate value shall be considered while evaluating the Assessed Available Bid Capacity.

61
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.

OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties
selected through competitive bidding could inspire public confidence. Earlier, criteria like
net worth, experience etc. used to be prescribed. Based on experience andin consultation
with concerned departments, Government has decided to prescribe the following
additional criteria for the qualification/ disqualification of the parties seeking to acquire
stakes in public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature
that it outrages the moral sense of the community. The decision in regard to
the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the
Government of India.
(b) In regard to matters relating to the security and integrity of the country,
any charge-sheet by an agency of the Government/ conviction by a Court of
Law for an offence committed by the bidding party or by any sister concern
of the bidding party would result in disqualification. The decision in regard
to the relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns aresubstantially
controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get associated
merely because it has preferred an appeal against the order based on which
it has been disqualified. The mere pendency of appeal will have no effect on
the disqualification.
(e) The disqualification criteria would come into effect immediately and would
apply to all Bidders for various disinvestment transactions, which have not
been completed as yet.

62
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI). The Bidders shall be required
to provide with their EOI an undertaking to the effect that no investigation
by a regulatory authority is pending against them. In case any investigation
is pending against the concern or its sister concern or against its CEO or any
of its Directors/ Managers/ employees, full details of such investigation
including the name of the investigating agency, the charge/ offence for which
the investigation has been launched, name and designation of persons
against whom the investigation has been launched and other relevant
information should be disclosed, to the satisfaction of the Government. For
other criteria also, a similar undertaking shall be obtained along with EOI.

sd/-
(A.K. Tewari)
Under Secretary to the Government of India

63
 Appendix - IA
Annexure-VIII

Details of ongoing works

S. Name of Contract Appointed Original Likely Date Reason for
No. the work Price (INR Date Scheduled of Delay#
Cr) Completion Completion
Date
1

(In the event that the Bidder had failed to achieve the Completion of any project
within a period of 90 (ninety) days from the Schedule Completion Date of the
project, unless such failure had occurred due to Force Majeure or for reasons solely
attributable to the Authority, the Bidder shall be deemed to be ineligible forbidding
this project (under bidding), both as the sole party or as one of the parties of Joint
Venture/ Consortium, if any, during the period from Scheduled Completion Date to
issuance of Completion Certificate for that project. Thisrestriction is applicable if
the contract value of the delayed project was not less than Rs. 300 Crore.)
#To be supported with valid certificate issued from Independent Engineer /

Authority’s Engineer / Supervision Consultant / Engineer-in-charge

I / We certify that all the information furnished above is true in all respects.

…………………………………………… Name of the Bidder

Signature of the authorized signatory:

Name of the Authorized Signatory:

Date:

Place:

64
In addition, Bidders should upload the scanned copy of the following
affidavits/undertakings as per formats enclosed hereinafter and also send original
copy of Affidavit/Undertakings: -
i) Affidavit (it should be on stamp paper attested by Notary Public)
ii) Deleted
iii) Undertaking that the Bids shall remain valid for the period
specified in Clause 15.1.

65
 Appendix-IA
Annexure-IX
AFFIDAVIT
(To be submitted by each JV Member)

1. I, the undersigned, do hereby certify that all the statements made in the
enclosed attachments are true and correct.
2. The undersigned also hereby certifies that neither our
firm M/s

have abandoned any work in India nor any

contract awarded to us for such works have been rescinded, during last five years
priorto the date of this bid.

3. The undersigned hereby Authorize(s) and request(s) any bank, person,

firm or corporation to furnish pertinent information deemed necessary and
requested by the Employer to verify this statement or regarding our competence
and general reputation.
4. The undersigned understands and agrees that further qualifying
information may be requested, and agrees to furnish any such information at the
request of the Employer and within the prescribed time.

(Signed by an Authorized Representative of

the Firm)

Name of the Representative

Name of Firm

Date

66
 Appendix-IA
Annexure-X
UNDERTAKING FOR BID VALIDITY

I, the undersigned do hereby undertake that our firm

M/s

agree to abide by this bid for a period of days

after the date fixed for receiving the same and it shall be binding on
us and may be accepted at any time before the expiration of that
period.

(Signed by an Authorized
Representative of the
Firm)

Name of the Representative

Name of Firm

Date

67
 SECTION – 4
FORMS OF BANK GUARANTEES LETTER OF ACCEPTANCE (LOA) AND AGREEMENT

FORM OF BANK GUARANTEES FOR BID SECURITY

B.G. No. Dated:

1. In consideration of you, National Highways Authority of India, having its office at G-5 &
6, Sector-10, Dwarka, New Delhi-110075, (hereinafter referred to as the “Authority”,
which expression shall unless it be repugnant to the subject or context thereof include
its, successors and assigns) having agreed to receive the BID of
…………………… and having its registered office at ............................. (and acting on behalf
of its JV) (hereinafter referred to as the “Bidder” which expression shall unlessit
be repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for the PBMC O&M work of 4 Laning of Simga-
Sargaon (PKG - II) of NH-200 section from Km 48+580 to Km 91+026 and Sargaon-
Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km 126.525 section of
Raipur-Bilaspur in the State of Chhattisgarh. on Performance based Maintenance
Contracts (PBMC) basis (hereinafter referred to as “the Project”) pursuant to the Bid
Document dated …………… issued in respect of the Project and other related
documents including without limitation the draft contract Agreement (hereinafter
collectively referred to as “Bidding Documents”), we (Name of the Bank) having our
registered office at ………………… and one of its branches at ……………………..
(hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms
of Clause 16 read with Clause 32.3 of the Bid Document, irrevocably, unconditionally
and without reservation guarantee the due and faithful fulfilment and compliance
of the terms and conditions of the Bidding Documents (including the Bid
Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount
of Rs. 59.94 (Rupees Fifty -Nine Lakh and Ninety- Four Thousand only) (hereinafter
referred to as the “Guarantee”) as our primary obligation without any demur,
reservation, recourse, contest or protest and without reference to the Bidder if the
Bidder shall fail to fulfil or comply with all or any of the terms and conditions
contained in thesaid Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in default
of the due and faithful fulfilment and compliance with the terms and conditions
contained in the Bidding Documents shall be final, conclusive and bindingon the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether
the claim of the Authority is disputed by the Bidder or not, merely on the first demand
from the Authority stating that the amount claimed is due to the Authority by reason of
failure of the Bidder to fulfil and comply with the terms and conditions contained in the
Bidding Documents including failure of the said Bidder to keep its BID open during the
BID validity period as set forth in the said Bidding Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding Rs. 59.94 (Rupees Fifty -Nine Lakh and
Ninety- Four Thousand only) This Guarantee shall be irrevocable and remain in full
68
 force for a period of 150 (one hundred and fifty) days from the BID Due Date inclusive
of a claim period of 60 (sixty)
days or for such extended period as may be mutually agreed between the Authority and
the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all
amounts under this Guarantee have been paid.

4. We, the Bank, further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfilment and compliance
with the terms and conditions contained in the Bidding Documents including, inter
alia, the failure of the Bidder to keep its BID open during the BID validity period set
forth in the said Bidding Documents, and the decision of the Authority that the Bidder is
in default as aforesaid shall be final and binding on us, notwithstanding any
differences between the Authority and the Bidder or any dispute pending before any
Court, Tribunal, Arbitrator or any other Authority.

5. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder
or the Bank with any other person.

6. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Bidding Documents or to
extend time for submission of the BIDs or the BID validity period or the period for
conveying acceptance of Letter of Acceptance by the Bidder or the period for fulfilment
and compliance with all or any of the terms and conditions contained in the said Bidding
Documents by the said Bidder or to postpone for any time and from time to time any
of the powers exercisable by it against the said Bidder and eitherto enforce or forbear
from enforcing any of the terms and conditions contained in the said Bidding
Documents or the securities available to the Authority, and the Bank shall not be
released from its liability 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
said Bidder or any other forbearance, act or omission on the partof the Authority or
any indulgence by the Authority to the said Bidder or by any change in the constitution
of the Authority or its absorption, merger or amalgamation withany other person or
any other matter or thing whatsoever which under the law relatingto sureties would but
for this provision have the effect of releasing the Bank from its such liability.

7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given or made if addressed to the Bank and sent by courier or by registered mail to the
Bank at the address set forth herein.

8. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorized to receive the
said notice of claim.

9. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealized.
We, the Bank, further undertake not to revoke this Guarantee during its currencyexcept
with the previous express consent of the Authority in writing.
69
10. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorized and has fullpower to execute
this Guarantee for and on behalf of the Bank.

11. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. 59.94 (Rupees Fifty -Nine Lakh and Ninety- Four Thousand only).
The Bank shall be liable topay the said amount or any part thereof only if the
Authority serves a written claim on the Bank in accordance with paragraph 9 hereof,
on or before [*** (indicate date falling 210 days after the BID Due Date)].
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.

13. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & shall invariably send an advice of this Bank Guarantee to the
designated bank of NHAI, details of which is as under:

S. No. Particulars Details

1. Name of National Highways Authority of
Beneficiary India
2. Name of Bank Canara Bank
3. Account No. 8598201005819
4. IFSC Code CNRB0008598

Signed and Delivered by ............................ Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorized official.

(Signature of the Authorized Signatory)

(Official-Seal)

70
 FORM OF BANK GUARANTEES FOR PERFORMANCE SECURITY

[Performance Security/Additional Performance Security]

To
National Highway Authority of India

G-5&6, Sec.10, Dwarka New Delhi- 110075

WHEREAS [name and address of

Contractor]
(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of
Acceptance (LOA) No. Dated for PBMC O&M
work of 4 Laning of Simga-Sargaon (PKG - II) of NH-200 section from Km 48+580
to Km 91+026 and Sargaon- Bilaspur (PKG - III) of NH-200 section from Km
91+026 to Km 126.525 section of Raipur-Bilaspur in the State of Chhattisgarh.
on Performance based Maintenance Contracts (PBMC)(hereinafter called the
“Contract”).

AND WHEREAS the Contract requires the Contractor to furnish an {Performance

Security/ Additional Performance Security} for due and faithful performance of its
obligations, under and in accordance with the Contract, during the {Defects Liability
Period and Contract Period} in a sum of Rs….. cr. (Rupees..................................... crore)
(the “Guarantee Amount”6).
AND WHEREAS 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 {Defects Liability
Period and Contract Period} under and in accordance with the Contract, 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 [Superintending Engineer of Ministry of Road Transport & Highways or equivalent
Officer of NHAI/NHIDCL/BRO], 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 Contract 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
Contract 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 ofthe Contractor for
any reason whatsoever.
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 bodyor 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 Contract 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 Contract 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 Contract 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 butfor 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 Contract or for the fulfillment, compliance and/or performance of all
or any of the obligations of the Contractor under the Contract.

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 before expiry of the Guarantee, 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 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 Contract.

11. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG)
2010 Revision, ICC Publication No. 758, except that the supporting statement under
Article 15(a) is hereby excluded.

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.

13. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank Guarantee
tothe designated bank of NHAI, details of which is as under:

S. No. Particulars Details

1. Name of National Highways Authority of
Beneficiary India
2. Name of Bank Canara Bank
3. Account No. 8598201005819
4. IFSC Code CNRB0008598

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)
 BANK GUARANTEE FOR ADVANCE PAYMENT

National Highways Authority of India,

G-5&6, Sec:10, Dwarka, New Delhi-110075 WHEREAS:
(A) [name and address of contractor] (hereinafter called the “Contractor") has
executed an agreement (hereinafter called the “Agreement”) with the National
Highways Authority of India, G-5&6, Sec:10, Dwarka, New Delhi-110075,
(hereinafter called the “Authority”) for PBMC O&M work of 4 Laning of Simga-
Sargaon (PKG - II) of NH-200 section from Km 48+580 to Km 91+026 and
Sargaon- Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km 126.525
section of Raipur-Bilaspur in the State of Chhattisgarh. on Performance based
Maintenance Contracts (PBMC) basis, subject to and in accordance with the
provisions of the Agreement
(B) In accordance with Clause 44 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 single instalment 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 compliancewith 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
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 instalment 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.
A letter from the Authority, under the hand of an officer not below the rank of
[General Manager in the National Highways Authority of India and NHIDCL and
Superintending Engineer in case of MoRTH / BRO/State PWD], that the Contractor
has committed default in the due and faithful performance of all or any of its
obligations for the repayment of the instalment 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.
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 theliability
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.
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 Advance Payment.
6. Notwithstanding anything contained hereinbefore, the liability of the Bankunder
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 forfeitedand 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 claimed, the said branch shall
accept such invocation letter and make payment of amounts so demanded
under the said invocation.

12. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank
Guarantee tothe designated bank of NHAI, details of which is as under:

S. No. Particulars Details

1. Name of National Highways Authority of
Beneficiary India
2. Name of Bank Canara Bank
3. Account No. 8598201005819
4. IFSC Code CNRB0008598
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.
 FORM OF LETTER OF APPLICATION

To,
General Manager (T)
National Highway Authority of India
G-5&6, Sec.10, Dwarka
New Delhi- 110075

DESCRIPTION OF WORKS: BID FOR PBMC O&M work of 4 Laning of Simga-Sargaon (PKG - II) of
NH-200 section from Km 48+580 to Km 91+026 and Sargaon-
Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km
126.525 section of Raipur-Bilaspur in the State of Chhattisgarh.

Dear Sir,
Having examined the Bid Document, Instructions to Bidders, Qualification Information,
Scope of Works, etc. for the subject work and after visiting the site& conducting all
requisite engineering studies we hereby submit our bid for the subject work.
It is certified that the information furnished in this document is true and correct. The
proposal is unconditional and unqualified. We undersigned accept that the Employer
reserves the right to reject any or all applications without assigning any reason.

Thanking you,
Yours faithfully,

(Authorized Signatory)
For and on behalf of M/s
 FORM OF LETTER OF
ACCEPTANCE

Letter No. …………………………. Dated ………………..….

To
M/s………………………….

Sub.: PBMC O&M work of 4 Laning of Simga-Sargaon (PKG - II) of NH-200 section from Km 48+580 to
Km 91+026 and Sargaon- Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km 126.525
section of Raipur-Bilaspur in the State of Chhattisgarh.

Tender ID: …………………

UPC/Sanction Code/Job No.: …………………

Sir,
Based on your bid submitted on ............in compliance of bidding document of [the
Employer] for execution of the works of .., it is hereby notified that your bid for a Contract
Price of Rs…………… (Rupees in words… ) which is at a premium/discount of
% from the estimated project cost has been accepted for and on behalf of [the
Employer]
You are hereby requested to furnish Performance Security plus additional security in
the form detailed in Clause 32.1 of ITB for an amount equivalent to Rs…............. (Rupees
in words… ) within 30 days and as per provisions of Clause 32.2 of ITB of the bid
document, sign the contract agreement failing which the actions as stipulated in Clause-
32.3 of ITB shall be taken.

Thanking you,

Yours faithfully,

(.................... ) Employer
 FORM OF AGREEMENT

AGREEMENT

This agreement made the day of between

the
--------------------- (hereinafter called “the Employer” of the one part and (here in
after called “the Contractor”) of the other part.

AND WHEREAS the Employer invited bids from eligible bidders for the maintenance of
certain National Highway Section, viz………………………………………………

AND WHEREAS pursuant to the bid submitted by the Contractor, vide (here in
after referred to as the “BID” or “ÖFFER”) for the execution of works and maintenance
of the subject project, the Employer by his letter of acceptance dated accepted
the offer submitted by the Contractor for the execution and completion of such works,
maintain the subject project and remedying of any defects thereon, on terms and
conditions in accordance with the documents listed in Para 2 below. The Contractor has
further represented to the effect that it has delivered to the Authority a legal opinion
with respect to the authority of the Contractor to enter into this Contract Agreement
and the enforceability of the provisions thereof.

AND WHEREAS the Contractor by a deed of undertaking dated has agreed

to abide by all the terms of the bid, including but not limited to the amount quoted for
the execution of Contract, as stated in the bid, and also to comply with such terms and
conditions as may be required from time to time.

AND WHEREAS the Contractor has agreed to undertake such works and has furnished a
Performance Security pursuant to Clause 32 of ITB (Section-2).

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this agreement, words and expressions shall have the same meaning as
are respectively assigned to them in the conditions of contract hereinafter
referred to;
2. The following documents shall be deemed to form and be read and construed
as part of this agreement viz.
a) Agreement;
b) Letter of Acceptance;
c) Contractor’s Bid;
d) Contract Data;
e) General Conditions of Contract;
f) Addendum to General Conditions of Contract;
g) Road Maintenance Standards and Specifications for Road Maintenance
Works;
h) Drawings, if any;
i) Bill of Quantities; and
j) Any other document listed in the Contract Data.
3. The foregoing documents shall be construed as complementary and mutually
explanatory one with another. Should any ambiguity or discrepancy be noted,
then the order of precedence of these documents shall be subject to the order
as listed above and interpreted in the above order of priority.
4. In consideration of the payments to be made by the Employer to the Contractor
as hereinafter mentioned, the Contractor hereby covenants with the Employer
to execute and complete the IR and PM works, maintain the subject project and
remedy any defects therein in conformity in all respects with the provisions of
the contract.
5. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the works and remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions
of the contract at the times and in the manner prescribed by the contract.
IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the
day and year above written. Signed, sealed and delivered by the said Employer through
his Authorized Representative and the said Contractor through his Power of Attorney
holder.

binding Signature of Employer binding Signature of Contractor

For and on behalf of For and on behalf of M/s ----------------------

In the presence of In the Presence of

A. Name : 1. Name:
Address: Address:

B. Name : 2. Name:
Address: Address:
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 4.1 (a))
Know all men by these presents, We…………………………………………….. (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently employed
with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for PBMC
O&M work of 4 Laning of Simga-Sargaon (PKG - II) of NH-200 section from Km 48+580
to Km 91+026 and Sargaon- Bilaspur (PKG - III) of NH-200 section from Km 91+026 to
Km 126.525 section of Raipur-Bilaspur in the State of Chhattisgarh.on Performance
based Maintenance Contracts (PBMC) by the National Highways Authority of India (the
“Authority”) including but not limited to signing and submission of all applications,
BIDs and other documents and writings, participate in Pre-BID and other conferences
and providing information/ responses to the Authority, representing us in all matters
before the Authority, signing and execution of all contracts including the agreement and
undertakings consequent to acceptance of our BID, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our BID for the
said Project and/ or upon award thereof to us and/or until the entering into of the PBMC
Contract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………., THE ABOVE-NAMED PRINCIPAL HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/
partner in case of Partnership firm

Witnesses:
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)
(Notarized)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)

Seal of the Notary

Registration No. of the Notary
Date:………………
Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.

▪ Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.

▪ For a Power of Attorney executed and issued overseas, the document will also
have to be legalized by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by Bidders
from countries that have signed the Hague Legislation Convention 1961 are not required
to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 3.2 (c))

Whereas the (“the Authority”) has invited BIDs for the PBMC O&M work of
4 Laning of Simga-Sargaon (PKG - II) of NH-200 section from Km 48+580 to Km 91+026 and
Sargaon- Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km 126.525 section of Raipur-
Bilaspur in the State of Chhattisgarh. (PBMC) Project (the“Project”).

Whereas, …………………….., …………………….., and …………………….. (Collectively the “Joint

Venture”) being Members of the Joint Venture are interested in bidding for the Project
in accordance with the terms and conditions of the Request for Proposal (RFP) and
other BID documents including agreement in respect of the Project, and

Whereas, it is necessary for the Members of the Joint Venture to designate one of them
as the Lead Member with all necessary power and authority to do for and on behalf of
the Joint Venture, all acts, deeds and things as may be necessary in connection with
the Joint Venture‟s BID for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s having our registered office at …,
M/s. … having our registered office at ….., and ….. having our registered office at ,
(Hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/S ……. having its registered office at
………., being one of the Members of the Joint Venture, as the Lead Member and true and
lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”). We
hereby irrevocably authorize the Attorney (with power to sub- delegate) to conduct all
business for and on behalf of the Joint Venture and any one of us during the bidding
process and, in the event the Joint Venture is awarded the contract, during the execution
of the Project and in this regard, to do on our behalfand on behalf of the Joint Venture,
all or any of such acts, deeds or things as are necessary or required or incidental to the
pre-qualification of the Joint Venture and submission of its BID for the Project, including
but not limited to signing and submission of all applications, BIDs and other documents
and writings, participate in pre BID and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to
acceptance of the BID of the Joint Venture and generally to represent the Joint Venture
in all its dealings with the Authority, and/ or any other Government Agency or any person,
in all matters in connection with or relating to or arising out of the Joint Venture’s BID
for the in all respect Project and/ or upon award thereof till the PBMC Contract is entered
into with the Authority & Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise
of the powers conferred by this Power of Attorney and that all acts, deeds and things
done by our said Attorney in exercise of the powers hereby conferred shall and shall
always be deemed to have been done by us/ Joint Venture.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER
OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. For …………………….. For ……………………..

(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:

1.

2.

Notes:

▪ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.

▪ Also, wherever required, the Bidder should submit for verification the extract of
the charter documents and documents such as a board or shareholders’ resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.

▪ For a Power of Attorney executed and issued overseas, the document will also
have to be legalized by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided byBidders
from countries that have signed the Hague Legislation Convention 1961 are not required
to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.
 APPENDIX V

Format for Joint Bidding Agreement (JBA) for Joint Venture

(Refer Clause 3.2 (f))

(To be executed on Stamp paper of appropriate value)

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

AMONGST

1. {………… Limited, and having its registered office at ............. } (hereinafter referred to
as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

2. {………… Limited, having its registered office at.............. }and (hereinafter referred to
as the “Second Part” which expression shall, unless repugnant to the context include
its successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred to
as the “Third Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

The above-mentioned parties of the FIRST, {SECOND and THIRD} PART are
collectivelyreferred to as the “Parties” and each is individually referred to as a
“Party”

WHEREAS,

(A) THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (hereinafter referred to as the

“Authority” which expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) has invited bids (the Bids”) by its
Request for Proposal No. ………… dated …………(the “RFP”) for PBMC O&M work of 4
Laning of Simga-Sargaon (PKG - II) of NH-200 section from Km 48+580 to Km 91+026
and Sargaon- Bilaspur (PKG - III) of NH-200 section from Km 91+026 to Km 126.525
section of Raipur-Bilaspur in the State of Chhattisgarh. on Performance based
Maintenance Contracts (PBMC)Project (the “Project”) through an PBMC Contract.

(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and other
bid documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.

2. Joint Venture

2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”)
for the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Joint Venture and not individually and/ or through any other Joint Venture constituted
for this Project, either directly or indirectly.

3. Covenants

The Parties hereby undertake that in the event the Joint Venture is declared the selected
Bidder and awarded the Project, it shall enter into a PBMC with the Authority for
performing all its obligations as the Contractor in terms of the PBMC for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described
below:

(a) Party of the First Part shall be the Lead member of the Joint Venture and shall
have the power of attorney from all Parties for conducting all business for and on
behalf of the Joint Venture during the Bidding Process and for performing all its
obligations as the Contractor in terms of the PBMC for the Project;

(b) Party of the Second Part shall be {the Member of the Joint Venture; and}

(c) Party of the Third Part shall be {the Member of the Joint Venture.}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms ofthe RFP and
the PBMC, till such time as the completion of the Project is achieved under and in
accordance with the PBMC.

6. Share of work in the Project

The Parties agree that the proportion of construction in the PBMC to be allocated
among the members shall be as follows:

First Party:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one) per
cent of the total length of the project highway if the Contract is allocated to the Joint
Venture.
7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organized, validly existing and in good standing under the laws of
its incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been
authorized by all necessary and appropriate corporate or governmental action and a copy
of the extract of the charter documents and board resolution/ power of attorney in
favor of the person executing this Agreement for the delegation of power and authority
to execute this Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorization, approval, judgment, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such Party
or any of its properties or assets are bound or that is otherwise applicable to such
Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges
or Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge, threatened
to which it or any of its Affiliates is a party that presently affects or which would have
a material adverse effect on the financial condition or prospects or business of such Party
in the fulfillment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force
and effect until Project completion or expiry of the “Defects Liability Period” whichever
is achieved under and in accordance with the PBMC, in case the Project is awarded to
the Joint Venture. However, in case the Joint Venture is either not pre- qualified for the
Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Applicant is not pre-qualified or upon return of the Bid Security
by the Authority to the Bidder, as the case may be.
9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:

Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in accordance
with the procedure, if any, laid down by the Applicable Law and the charter documents
of the executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favor of the person
executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.
 APPENDIX-VI
INTEGRITY PACT

Draft Integrity Pact Format applicable for works having value of Rs. 5 Cr and above

( Division)

Tender No.
This Integrity Pact is made at on this day of 2022

BETWEEN

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) , Address at G-5 & 6, Sector -10,
Dwarka, New Delhi-110075, hereinafter referred to as “The Principal”, which expression
shall unless repugnant to the meaning or contract thereof include its successors and
permitted assigns.

and
hereinafter referred to as
“The Bidder/ Contractor/ Contractor/ Consultant” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.

Preamble

Whereas, the Principal intends to award, under laid down organizational procedures
contract/s for PBMC O&M work of 4 Laning of Simga-Sargaon (PKG - II) of NH-200
section from Km 48+580 to Km 91+026 and Sargaon- Bilaspur (PKG - III) of NH-200
section from Km 91+026 to Km 126.525 section of Raipur-Bilaspur in the State of
Chhattisgarh. on Performance based Maintenance Contracts (PBMC) . The Principal
values full compliance with all relevant laws of the land, rulesof land, regulations,
economic use of resources and of fairness/ transparency in its relations with its Bidder(s)
and for Contractor(s)/Contractor(s)/Consultant(s).

And whereas in order to achieve these goals, the Principal will appoint an external
Monitor (IEM), who will monitor the tender process and the execution of the contract for
compliance with the Principles mentioned above.

And whereas to meet the purpose aforesaid, both the parties have agreed to enter into
this Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties. Now, therefore, in consideration of mutual covenants stipulated in
this pact, the parties hereby agree as follows and this pact witnesses as under:-

Article-1-Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principle:-

(a) No employee of the Principal, personally or through family members, will in

connection with the Tender for, or the execution of a contract, demand take
a promise for or accept for self or third person any material or immaterial
benefit Which the person is not legally entitled to.

(b) The Principal will, during the tender process treat all Bidder(s) with equity
 and reason. The Principal will in particular, before and during the tender
process, provide to all Bidder(s) the same information and will not provide to
any Bidder(s) confidential/ additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract
execution.

(c) The Principal will exclude all known prejudiced persons from the
process.

(2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions as per its internal laid down
Rules/ Regulations.

Article-2 Commitments of the Bidder(s)/ Contractor(s)/ Contractor(s)/

Consultant(s)

The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) commit himself to take all

measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.

(a) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not, directly or

through any other person or firm, offer, promise or give to any of the Principals
employees involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.

(b) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or
informal. This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission or bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.

(c) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not commit any
offence under the relevant IPC / PC. Act and other Statutory Acts; further the
Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not use improperly for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.

(d) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) of foreign origin shall

disclose the name and address of the Agents/ representatives in India. If any similarly
the Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any. Further details as
mentioned in the ‘Guidelines on Indian Agents of Foreign Suppliers‟ shall be
disclosed by the Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s). Further,
all the payments made to the Indian Agent /Representative have to be Indian Rupees
only.

(e) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will, when presenting

hisbid, disclose any and all payments he has made, is committed to or intends to
 make to agents, brokers or any other intermediaries in connection with the
award of the contract. He shall also disclose the details of services agreed upon for
suchpayments.

(f) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.

(g) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding
process in furtherance of his bid.

(h) The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) who have signed a

Integrity pact shall not approach the court while representing the matter to IEMs and
shall wait for their decision in the matter.

Article 3 Disqualification from tender process and exclusion from future contracts

(1) If the Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) before award or during

execution has committed a transgression through a violation of any provision of
Article-2, above or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/
Contractor(s)/ Consultant(s) from the tender process.

(2) If the Bidder/Contractor/Contractor/Consultant has committed a transgression

through a violation of Article-2 such as to put his reliability or credibility into
question, the Principal shall be entitled to exclude including blacklist and put on
holiday the Bidder/Contractor/Contractor/Consultant for any future
tenders/contract award process. The imposition and duration of the exclusion will
be determined by the severity of the transgression. The severity will be determined
by the Principal taking into consideration the full facts and circumstances of each
case particularly taking into account the number of transgressions, the position of
the transgressors within the company hierarchy of the
Bidder/Contractor/Contractor/Consultant and the amount of the damage. The
exclusion will be imposed for a minimum period of 6 months and maximum period
of 2 years.

(3) A transgression is considered to have occurred if the Principal after due consideration
of the available evidence concludes that “On the basis of facts available there are
no material doubts”.

(4) The Bidder/ Contractor/Contractor/Consultant will its free consent and without
any influence agrees and undertakes to respect and uphold the Principal’s absolute
rights to resort to and impose such exclusion and further accepts and undertakes not
to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is
given freely and after obtaining legal advice.

(5) The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder/ Contractor/Contractor/Consultant
shall be final and binding on the Bidder/ Contractor/Contractor/Consultant,
however, the Bidder/ Contractor/ Contractor/ Consultant can approach IEM(s)
appointed for the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc. arising out from violation of
integrity pact, Bidder/ Contractor/Contractor/Consultant shall not be entitled for
any compensation on this account.

(7) Subject to full satisfaction of the Principal, the exclusion of the

Bidder/Contractor/Contractor/Consultant could be revoked by the Principal if the
Bidder/ Contractor/Contractor/Consultant can prove that he has restored/recouped
the damage caused by him and has installed a suitable corruption prevention system
in his organization.

Article 4 Compensation for Damages

(1) (a) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Article-3, the Principal shall be entitled to suspend the bidder
for participation in the tendering process for the works of MoRTH/NHAI/NHIDCL and
works under other Centrally Sponsored Schemes for a period of One Year from the
bid due date of this work apart from any other legal right that may have accrued to
the Principal.
(b) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Article-3, the Principal shall be entitled to forfeit the Earnest
Money Deposit/ Bid security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security apart from any other legal right that may
have accrued to the Principal.

(2) In addition to above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to
Contractor/Contractor/Consultant’s Default. In such case, the Principal shall be
entitled to forfeit the Performance Bank Guarantee of the
Contractor/Contractor/Consultant and/or demand and recover liquidated and all
damages as per the provisions of the contact/Contract agreement against
Termination.

Article 5 Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years
immediately before signing of this integrity pact with any other Company in any
country conforming to the anticorruption/Transparency International (TI) approach
or with any other Public Sector Enterprise/Undertaking in India or any Government
Department in India that could justify his exclusion from the Tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgression of Article-2 and shall be liable for compensation for
damages as per Article-4 above.

Article 6 Equal treatment of all Bidders/ Contractors/ Contractors/

Consultants/ Subcontractors

(1) The Bidder(s)/Contractor(s)/Contractor(s)/Consultant(s) undertake(s) to demand

from all sub-contractors a commitment in conformity with this integrity Pact, and
to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/Contractors/Contractor/Consultant and Subcontractors.
92
 (3) The Principal will disqualify from the Tender process all Bidders who
do not signthis Pact violate its provisions.

Article 7 Criminal charges against violating Bidder(s)/ Contractor(s)/

Contractor(s)/Consultant(s)/ Sub-contractor(s)

If the Principal obtains knowledge of conduct of a

Bidder/Contractor/Contractor/Consultant or Subcontractor, or of an employee or a
representative or an associate of a Bidder/Contractor/Contractor/Consultant or
Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion
in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Article 8 External Monitor (IEM)

The Principal has appointed (i) Smt. Gauri Kumar, IAS (Retd.) (ii) Sh. Ashish Bhauguna, IAS
(Retd.) and (iii) Sh. Animesh Chauhan (Ex-MD & CEO, Oriental Bank of Commerce) as
External Monitor for this Pact. The task of the Monitor is to review independently and
objectively, whether andto what extent the parties comply with the obligations under this
agreement
(1) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman, NHAI
/ MD NHIDCL / DG(RD)&SS/DGBR.

(2) The Bidder/Contractor/Contractor/Consultant accepts that the Monitor has the right to
access without restriction to all Project documentation of the Principal including that
provided by the Bidder/ Contractor/ Contractor/ Consultant. The Bidder/ Contractor/
Contractor/ Consultant will also grant the Monitor, upon his request and demonstration
of a valid interest, unrestricted and unconditional access to his Project documentation.
The same is applicable to Subcontractors.

(3) The Monitor is under contractual obligation to treat the information and documents of
the Bidder(s)/Contractor(s)/Subcontractors(s) with confidentiality. The Monitor has
also signed on „Non-disclosure of Confidential Information‟ and of „Absence of Conflict
of Interest‟. In case of any conflict of interest arising at a later date, the IEM shall
inform the Authority and recuse himself/herself from that case.

(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact
on the contractual relations between the Principal and the Bidder/Contractor/
Contractor/Consultant. The parties offer to the Monitor the option to participate in
such meetings.

(5) As soon as the Monitor notices, or believes to notice any transgression as given in Article-
2, he may request the Management of the Principal to take corrective action, or to take
relevant action. The monitor can in this regard submit non• binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the Authority within 8-10 weeks from the
date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.

93
(7) If the Monitor has reported to the Authority, a substantiated suspicion of an offence
under relevant IPC/PC Act or any other Statutory Acts, and the Authority has not, within
the reasonable time taken visible action to proceed against such offence or reported it
the Chief Vigilance Officer, the Monitor may also transmit this information directly to
the Central Vigilance Commissioner.

(8) The word 'Monitor' would include both singular and plural.
Article 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of PBMC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/Consultant
12 months after his Defect Liability Period is over or 12 months after his last payment
under the contract whichever is later and for all other unsuccessful Bidders 6 months
after this Contract has been awarded (In case of BOT projects). It expires for the
Contractor 24 months after his Contract period is over and for all other unsuccessful
Bidders 6 months after this Contract has been awarded. Any violation of the same would
entail disqualification of the bidder and exclusion from future dealings.

If any claim is made/lodged during this time, the same shall be biding and continue to
be valid despite the lapse of this pact as specified above, unless it is discharged
determined by Authority.

Article 10 Other Provisions

(1) This pact is subject to Indian Law, Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.

(2) Changes and supplements as well as termination notices need to be made in writing.

(3) If the Bidder/Contractor/Contractor/Consultant is a partnership or a Joint Venture

partner, this pact must be signed by all partners or members.

(4) Should one or several provisions of this agreement turn out to be invalid, the
reminder of this agreement remains valid, in this case, the parties will strive to come
to an agreement to their original intentions.

(5) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure, the
clause in Integrity Pact shall prevail.

(7) Any dispute/differences arising between the parties with regard to term of this Pact,
any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.

(8) The actions stipulated in the integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

94
(9) In witness whereof he parties have signed and executed this pact at the place and
date first done mentioned in the presence of following witnesses:-

(For & On behalf of the (Principal) (For & On behalf of Bidder/Contractor/

Contractor/Consultant

(Office Seal)

Place

Date

Witness 1:

(Name & Address)

Witness 2:

(Name & Address)

95
 SECTION – 5
GENERAL CONDITIONS OF
CONTRACT (GCC) AND CONTRACT
DATA
SECTION 5
GENERAL CONDITIONS OF CONTRACT (GCC)

TABLE OF CLAUSES

A. General 31. Correction of Defects noticed during

the Defects Liability Period
1. Definitions 32. Work to be executed on Risk & Cost of
Contractor for Uncorrected Defects
2. Interpretation D. Cost Control
3. Language and Law 33. Bill of Quantities
4. Engineer’s Decisions 34. Measurement for Payments
5. Delegation 35. Variations
6. Communications 36. Payments for Variations
7. Subcontracting 37. Cash Flow Forecasts
8. Other Contractors 38. Payment Certificates
9. Personnel and Equipment 39. Payments
10. Employer’s and Contractor’s Risks 40. Compensation Events
11. Employer’s Risks 41. Taxes and Currencies for Payments
12. Contractor’s Risks 42. Security Deposit/Retention Money
13. Insurance 43. Liquidated Damages
14. Site Investigation Reports 44. Advance Payments
15. Queries about the Contract Data 45. Performance Security
16. Contractor to Maintain the Works 46. Cost of Repairs
17. The Works to be completed by E. Finishing the Contract
Intended Completion Date
18. Approval by the Engineer 47. Completion
19. Site Regulations and Safety 48. Taking Over
20. Discoveries 49. Final Account
21. Possession of the Site 50. Operation and Maintenance Manual
22. Access to the Site 51. Termination
23. Instructions 52. Payment upon Termination
24. Procedure for Dispute Resolution 53. Property
B. Time Control 54. Release from Performance
25. Programme
26. Extension of the Intended Completion F. Other Conditions of Contract
Date
27. Delays ordered by the\Engineer 55. Labour
28. Management Meetings 56. Compliance with Labour Regulations
C. Quality Control 57. Drawings and Photographs of the Works
29. Identifying Defects 58. The Apprentices Act, 1961
30. Tests

96
A. GENERAL

1. Definitions
1.1 Terms which are defined in the Contract Data but not defined in the Conditions
of Contract keep their defined meanings. Capital initials are used to identify defined
terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the
Bid.
Certificate of Completion is the document issued by the Engineer upon the full
completion of works, or parts thereof as applicable in accordance with Clause 47.
Compensation Events are those defined in Clause 40.

Contract is the Contract between the Employer and the Contractor to maintain the road
assets and to execute, complete, and maintain the Works. It consists of the documents
listed in Clause 2.3.
Contract Data defines the documents and other information, which comprise the
Contract.

Contractor is a person or corporate body whose Bid to carry out the Road
Maintenance Works and Activities has been accepted by the Employer.
Contractor’s bid is the completed Bidding Document submitted by the Contractor to the
Employer.
Contract Price is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
Defect is any part of the Maintenance Works and Activities not completed in accordance
with the Contract Specifications whether communicated by Employer or Engineer through
any Application, Portal, Website, email or physical inspection/correspondence or any
other method as described by the Employer before thecommencement of services.
Defects Liability Certificate is the certificate issued by the Engineer, after the Defects
Liability Period has ended and upon correction of Defects by the Contractor.
Defects Liability Period means the period so stipulated in the Contract Data, calculated
from the Completion Date, during which the Contractor remains responsible for the
rectification of any defect in the Works he has undertaken.
Emergency Works is a set of necessary and sufficient activities to reinstate the Road and
reconstruct its structure or right of way strip damaged as a result of natural phenomena
with imponderable consequences, such as strong storms, flooding and earthquakes. The
need for execution of Emergency Works is identified by the Engineer for starting of
execution of Emergency Works and shall also issue a Work Order.
Employer (or Authority) is the party as defined in the Contract Data, who employs the
Contractor to carry out the Works. The Employer may delegate any or all functions to a

97
person or body nominated by him for specified functions.

Engineer is the person named in the Contract Data (or any other competent person
appointed by the Employer and notified to the Contractor, to act in replacement of the
Engineer) who is responsible for supervising the execution of the Works and administering
the Contract on behalf of the Employer.
Equipment is the Contractor’s machinery and vehicles brought to the Site to execute the
Maintenance Works and Activities.
Deleted
“Key Personnel” means the positions (if any) of the Contractor’s personnel that are
stated in the Specification.
Initial rectification works are the set of civil works the Contractor needs to carry out to
bring a road to the required Service Level.
Intended Completion Date is the date, as given in contract data, on which it is intended
that the Contractor shall complete the Works as per scope under the contract. The
intended Completion Date may be revised only by the Engineer by issuing an Extension of
Time after approval from the Employer.
Letter of Acceptance means the formal acceptance of the Bid by the Employer.
Materials are all supplies, including consumables, used by the Contractor for incorporation
in the Maintenance Works and Activities.
Maximum Response Time means the maximum permissible time within which remedial
action must be completed prior to a defect exceeding the permissible tolerance. Maximum
Response Time commences from the time of earliest detection of the defect by
(i) observation of the defect by the Contractor, or (ii) notification of the defect by the
Engineer, or (iii) intimation of the defect by a road user.
Notice to Proceed (also commencement notice/letter) means the notice issued by the
Engineer / Employer to the Contractor to proceed with the work after signing of the
contract pursuant to Clause 32.1 of ITB.
Periodic Maintenance [PM] Works consists of providing a bituminous wearing course on an
existing bituminous surface, It may be preceded by a levelling course to correct the
transverse profile of the existing road. For rigid pavements, either partially bonded
overlay or fully bonded overlay shall be considered as PM work. Periodic Maintenance
works also includes Road Markings, provision of reflective Road Studs, Gravel filling to
match the Shoulder level with carriageway after laying renewal coat PM Works are specific
works defined in the Contract Data.
Permissible Tolerance means the maximum permissible amount or quantity of a defect
in road-asset condition that will not be exceeded at any time. If any defect exceeds the
permissible tolerance, it shall be treated as “non-compliance” and the Contractor shall be
paid in accordance with the relevant provisions in this contract.
Project Manager is a person appointed by the Contractor who is in charge of managing
all activities o f the Contractor under the Contract. He is also the Contractor’s
Representative for the purpose of this Contract.
Rectification Standards
The Contractor shall maintain the Road Assets in proper condition that comply with the
Road Maintenance Standards and ensure road users safety and comfort. The maintenance
activities shall be so planned that the defects are repaired well before they reach
maximum condition as per the permissible tolerance
Deleted
Road means the Road or package of roads in network or scattered for which the
Maintenance Works and Activities are to be carried out under the Contract.
“Road Assets” include the following:
i) Main carriageway with shoulders (paved and/or earthen), medians, slip roads, service
roads;
ii) Road embankment including slopes, protection works, kerbs and chute drains;
iii) Roadway in cutting including slopes protection works, drains;
iv) Culverts, Bridges, Over/Underpasses, retaining walls, Guide bunds, Floor protection
works;
v) Road signs, road markings, road delineators, guard rails, safety barriers, railings,
fencings, parapets, kilometre stones, 200 m stones, road boundary stones;
vi) All types of drains, trees, plantations and erosion control measures;
vii) Road land;
viii)Any other project facility or asset forming integral part of the road(s).
Road inventory and condition data reports are those, are compiled during inventorisation
of road assets by the contractor during the inspection jointly withEngineer/ Employer
within 01 months from the start date about the condition of road, Cross Drainage works
and road signs etc. at the site. It shall also include all surveys and reports as defined in
Clause 5.1 of Section-7, Part-I.
The Road Management Office is the location indicated by the Contractor from which the
Project Manager operates, and where the Contractor shall receive notifications.
Road Maintenance Standards is the collective term for parameters which define the
condition in which the road assets are required to be maintained and other requirements
regarding safety and quality of works to be complied with by the Contractor.
Road Maintenance Works and Activities to be carried out by Contractor shall include:
Maintenance of the road assets and incident management specified in the BOQ and section
7 and executing other items of road maintenance works as ordered by the Engineer.
Routine Maintenance of Road assets means regular maintenance of all road assets in
respect of Roads under the Contract to the Road Maintenance Standards and for the period
specified in the Contract Data.
Site is the area defined as such in the Contract Data, where maintenance works are
to be executed.
Specifications means the Specifications of the Maintenance Works including the Road
Maintenance Standards as per the Contract.
Start Date is the date notified by the contractor to the Engineer after issuance of
Commencement. It is the date when the Contractor actually commence execution of the
Works. In no case shall the Start Date shall be beyond 15 days
after the date of issue of the Notice to proceed.
Service Level means the defined condition in which the road assets are to be maintained
by the Contractor as per Annexure-E.
Sub-Contractor is a person or corporate body who has a Contract with the Contractor to
carry out a work under the Contract, which includes part of the agreed scope of works at
the Site with due approval of Authority / Employer.
Temporary Works are the temporary works designed, constructed, installed and removed
by the Contractor that are necessary & incidental for implementation for Scope of Work as
defined in the Contract or for site regulations and safety.
Time for Completion means the duration for completing the execution of maintenance
works and passing the tests on completion of the Works or any Section or part thereof as
stated in the Contract Data or as extended by the Engineer by issuing an Extension of Time
after the approval from the Employer.
Variation is an instruction given by the Engineer in writing which varies the scope of
Maintenance Works as defined in Clause 6.2 of Part-II of Section-7.
Work Order is an order issued by the Engineer to the Contractor for execution of certain
Emergency works, specifying the time limits which may be in variance with the approved
programme or in variation to the scope of work depending upon the site requirement.

2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male
also means female or neuter and the other way around. Headings have no significance.
Words have their normal meaning under the language of the Contract Unless specifically
defined. The Engineer will provide instructions clarifying queries about these Conditions
of Contract.

2.2 If part completion is specified in the Contract Data, references in the Conditions
of Contract to the Works, the Completion Date and the Intended Completion Date apply
to any part of the Works (other than references to the Completion Date and Intended
Completion Date for the whole of Works).

2.3 The following documents shall be deemed to form and be read and construed
as part of the Contract. In case any ambiguity or discrepancy is noted, then the Contract
shall be interpreted in the following order of priority:
i) Agreement;
ii) Notice to Proceed with the Work;
iii) Letter of Acceptance;
iv) Contractor’s Bid;
v) Contract Data;
 vi) General Conditions of Contract;
vii) Road Maintenance Standards and Specifications for Road
Maintenance Works, Part I and Part Il.
viii) Priced Bill of Quantities; and
ix) Any other documents listed in the Contract Data.

3. Language and Law

3.1 The language of the Contract shall be in English and the law governing the
Contract as given in Contract Data.

4. Engineer’s Decisions
4.1 The Employer shall designate and notify to the Contractor in writing the name
of the Engineer.

4.2 Except where otherwise specifically stated, the Engineer will decide
contractual matters between the Employer and the Contractor in the role representing
the Employer. The Engineer shall have no authority to relieve the Contractor of any of
his obligations under the Contract.

5. Delegation
5.1 The Engineer, duly informing the Employer, may delegate any of his dutiesand
responsibilities to his Team leader, after notifying the Contractor and may cancel any
delegation under intimation to the Contractor.

6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is delivered as per
Indian Law.

7. Subcontracting
7.1 The Contractor may subcontract any portion of work, up to a limit specified in
Contract Data, with the approval of the Employer in writing. Subcontracting shall neither
alter the Contractor’s obligations, nor relieve the Contractor from any liability or
obligation under the Contract.

7.2 The Contractor shall not be required to obtain any consent from the Employer
for:
a) the sub-contracting of any part of the Works for which the Sub-
Contractor is named in the Contract;
b) the provision for labour, or labour component;
c) the purchase of Materials which are in accordance with the standards
specified in the Contract.

7.3 Beyond what has been stated in Clauses 7.1 and 7.2, if the Contractor proposes
sub-contracting of any part of work during execution of the Works, because of some
unforeseen circumstances to enable him to complete the Works as per terms of the
Contract, the Employer will consider the following before according approval:
 a) The Contractor shall not sub-contract the whole of Works.
b) The Contractor shall not sub-contract any part of the Work without prior
consent of the Employer. Any such consent shall not relieve the Contractor
from any liability or obligation under the Contract and he shall be fully
responsible for the acts, defaults and neglects of any of his sub-
Contractor, his agents or workmen as if they were the acts, defaults or
neglects of the Contractor, his agents and workmen.
7.4 The Engineer should satisfy himself before recommending to the Employer
whether
a) the circumstances warrant such sub-contracting; and
b) the sub-Contractor so proposed for the Work possess the experience,
qualifications and equipment necessary for the job proposed to be
entrusted to him in proportion to the quantum of Works to be sub-
contracted.

8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other Contractors, public
authorities, utilities, and the Employer between the dates given in the Scheduleof Other
Contractors, as referred to in the Contract Data. The Contractor shall also provide
facilities and services for them as described in the Schedule. The Employer may modify
the Schedule of Other Contractors and shall notify the Contractor of any such modification.
The Contractor shall cooperate in such situations as well.

8.2 The Contractor should take up the works in convenient reaches as decided by
the Engineer to ensure that there is least hindrance to the smooth flow of traffic including
movement of vehicles and equipment of other Contractors till the completion of Works.

9. Personnel and Equipment

9.1 The Contractor shall employ the technical personnel named in the Contract
Data or other technical persons approved by the Engineer. These numbers as specified in
the contract are minimum and contractor has to employ the adequate technical personnel
required for execution of works. The Engineer will approve any proposed replacement of
technical personnel only if their relevant qualifications and abilities are substantially equal to
or better than those of the personnel stated in the Contract Data. Ifthe personnel stated in
the Contract Data are not deployed on site by the Contractor within 15 days of issue of
notice to proceed with the work, a penalty of Rs 2000/- perday per person shall be
levied for next 30 days, beyond which it shall be treated as a breach of Contract and action
will be taken as per Clause 51. The replacement of Project Manager will be approved by
the Employer.

9.2 The Contractor shall use the equipment identified in the bid along with
competent operators and adequate stock of spares for smooth operations.

9.3 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor’s staff or work force, stating the reasons, the Contractor shall ensure thatthe
person leaves the Site within seven days and has no further connection with the Works
under the Contract.

9.4 The Contractor shall establish, within his own organizational structure, a
planning unit, laboratory unit etc., staffed with suitably qualified personnel. The team
will be headed by a Project Manager who will be assisted by his representatives, i.e. Site
Engineer, Survey Engineer, Material Engineer as defined ITB. The task of this unit will be:
9.5 To plan, and to verify continuously the degree of compliance by the Contractor
with the specified Road Maintenance Standards and report the same to the Engineer in the
format acceptable to the Engineer.
9.5.1 To maintain and update the road condition inventory regularly.
9.5.2 To assist the Engineer in verification of the compliance.
9.6 The Contractor’s planning unit mentioned under Sub-clause 9.4 shall report the
level of compliance with the required Service Levels in the standard formats acceptable
to the Engineer.

10 . Employer’s and Contractor’s Risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks,
and the Contractor carries the risks which this Contract states are Contractor’s risks.

11. Employer’s Risks

11.1 The Employer is responsible for the expected risks which are in so far as they
directly affect the execution of the Maintenance Works and Activities included in the
Contract, the risks of war, hostilities, invasion, act of foreign enemies, rebellion,
revolution, insurrection or military or usurped power, civil war, riot, commotion or
disorder (unless restricted to the Contractor’s employees), natural calamities and
contamination from any nuclear fuel or nuclear waste or radioactive toxic, explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damage to physical property and of personal injury and
death, which arise during and in consequence of the performance of the Contract other
than the excepted risks, referred to in Clause 11.1, are the risks of the Contractor.

13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and
the Contractor, insurance cover from the Start Date to the completion of defect liability
period, in that amounts and deductibles stated in the Contract Data for the following
events which are due to the Contractor’s risks:
a) Loss of or damage to the Works and Materials
b) Loss of or damage to Equipment
c) Loss of or damage to property (except the Works Materials and
Equipment) in connection with the Contract
d) Third Party Liability Insurance
e) Automobile Liability Insurance
f) Workers‟ Compensation
g) Employer’s Liability
h) Other Insurances
13.2 Insurance policies and certificates for insurance shall be delivered by the
Contractor to the Engineer for the Engineer’s approval before the Start Date. All such
insurance shall provide for compensation to be payable in Indian Rupees to rectify the loss
or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required,
the Employer may affect the insurance which the Contractor should have provided and
recover the premiums the Employer had paid from payments otherwise due to the
Contractor or, if no payment is due, the payment of the premiums shall be a debt due
from the Contractor.
13.4 Alterations to the terms of insurance shall not be made without the approval of
the Engineer.
13.5 Both parties shall comply with any conditions of the insurance policies. The
Contractor shall ensure that wherever applicable, its Sub-Contractor(s) shall take out and
maintain in effect adequate insurance policies for their personnel and vehicles and for
works executed by them under the Contract unless such Sub-Contractor(s) is/are covered
by the policies taken out by the Contractor.

14. Site Investigation Reports

14.1 The Contractor, in preparing the Bid, may rely at his own risks and liability on
any Site Investigation Reports referred to in the Contract Data, supplemented by any other
information available to him.

15. Queries about the Contract Data

15.1 The authorized representative of the Employer as stated in the Contract
data will clarify queries on the Contract Data.

16. Contractor to Maintain the Highways

16.1 The Contractor’s obligations cover the carrying out of all Maintenance Works
and Activities as defined in the Contract for keeping the roads in accordance with the
Road Maintenance Standards. The Contractor shall construct, install and maintainthe
Works in accordance with the Specifications and Drawings.

16.2 The Contractor [Class I Local Supplier/ Class II Local Supplier/ Non Local Supplier]
shall submit an undertaking 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.
17. The Works to be completed by the Intended Completion Date
17.1 The Contractor shall commence execution of the Maintenance Works and
Activities on the Start Date. The Contractor shall conduct NSV, FWD, Condition survey and
inspections jointly with Engineer/ Employer within 01 months from the start dateand
finalize the necessary maintenance measures (wherever required to achieve Service Level)
on the highway pavement and structures to be completed by the Contractor as part of
Initial Rectification (IR) within 06 months from the date of start. The contractor shall carry
out the scheduled Works in accordance with the Programme as submitted,and updated
with the approval of the Engineer, and complete them by the Intended
Completion Date.

17.2 Work orders

a) The Contractor shall proceed with the execution of Emergency Work in

accordance with the details provided with the Work Order and in
conformity with the Technical Specifications and in compliance with the
stated time table.

b) Notwithstanding the requirements of Sub-Clause 17.2, the Contractor shall

remain prepared to immediately initiate maintenance works in the case of
any work order issued by the Engineer for Emergency Works.

18. Approval by the Engineer

18.1 The Contractor shall prepare/propose the Operation and Maintenance Manual
as per relevant applicable Standards and Specifications and existing
policies/guidelines/practices and get the same approved from the Engineer/Employer.

18.2 The Contractor shall submit Specifications and Drawings showing the proposed
Permanent/Temporary Works to the Engineer, who is to approve them if they comply with
Specifications and drawings.

18.3 The Contractor shall be responsible for design of all Permanent/ Temporary Works.

18.4 The Engineer’s approval shall not alter the Contractor’s responsibility for design
of the Permanent/ Temporary Works.

18.5 The Contractor shall obtain approval of third parties to the design of Permanent/
Temporary Works submitted to the Engineer.

18.6 All Drawings prepared by the Contractor for the execution of temporary or
permanent Works, are subject to prior approval by the Engineer before their use.

19. Site Regulations and Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site,
including arrangements for smooth flow of traffic at his own cost as per guidelines of the
IRC/Ministry of Road Transport & Highways. He shall provide proper barricading, diversion
boards, etc. He shall be fully responsible for the safety of workers and staff at site and
provide safety helmets, reflective jackets and other PPE to the workers,inspecting officers
and supervisors.

20. Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly
discovered on the Site is the property of the Employer. The Contractor shall notify the
Engineer of such discoveries and carry out the Engineer’s instructions for dealing with
them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Contractor on
or before the start date of the Contract.
22. Access to the Site
22.1 The Contractor shall allow access to the Site and to any place where work in
connection with the Contract is being carried out, or is intended to be carried out to the
Engineer and any person/persons/agency authorized by:
a) The Engineer
b) The Employer

23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to the
maintenance works which comply with the applicable laws where the Site is located.

23.2 The Contractor shall permit the Engineer/Employer to inspect the Contractor’s
contemporary records in respect of invoice of bitumen, cement, aggregatesand steel, if so
desired by the Engineer.

24. Procedure for Dispute Resolution

24.1 Dispute Resolution

24.1.1. In the event of 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”) either Party may call upon the Engineer, to mediate and assist the
Parties in arriving at an amicable settlement thereof.

24.1.2 The Parties agree to use their best efforts for resolving all Disputes arising under
or in respect of this Agreement promptly, equitably and in good faith, and further agree
to provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.

24.1.3 Dispute Resolution Board (DRB):

Failing mediation by the Engineer or without the intervention of the Engineer, either Party
may require such Dispute to be referred to the Dispute Resolution Board (“DRB”)in
accordance with the procedure as below:

The parties to the Contract Agreement mutually agree as follows:

(1) The Board shall comprise of three Members having experience in the field of
construction or have been involved in the Works related to construction and with the
interpretation of contractual documents. One Member shall be selected by each of the
Authority and the Contractor from the list maintained by NHAI hosted on its website
(www.nhai.gov.in). In the event the parties fail to select the member within 28 days of
the date of the signing of Agreement, in that eventuality, upon the request of either or
both parties such Member shall be selected by SAROD within 14 days. The third Member
shall be selected by the other two members from the same list. If the two Members
selected by or on behalf of the parties fail to select the third Member within 14 days after
the later of their selections, then upon the request of either or both parties such third
Member shall be selected by SAROD within 14 days. The third Member shall serveas
Chairman of the Board
(2) The Board shall be constituted when each of the three Board Members has signed a
Board Member's declaration of Acceptance as required by the DRB's rules and procedures
(which, along with the declaration of acceptance form, are attached as Annexure
herewith).

(3) In the event of death, disability, or resignation of any Member, such Member shall be
replaced in the same manner as the Member being replaced was selected. If for any other
reason, a Member fails or is unable to serve, the Chairman (or failing the action of the
Chairman then either of the other Members) shall inform the Parties and such non- serving
Member shall be replaced in the same manner as the Member being replaced was selected.
Any replacement made by the parties shall be completed within 28 days after the event
giving rise to the vacancy on the Board, failing which the replacement shall be made by
SAROD in the same manner as described above. Replacement shall be considered complete
when the new Member signs the Board Member's Declaration of Acceptance. Throughout
any replacement process, the Members not being replaced shall continue to serve and the
Board shall continue to function and its activities shall have the same force and effect as
if the vacancy had not occurred, provided, however, that the Board shall not conduct a
hearing nor issue a decision until the replacement is completed

(4) If either the Authority or the Contractor is dissatisfied with any decision of the Board,
and/or if the Board fails to issue its decision within 56 days after receipt of allthe
pleadings (along with the supporting documents) of the parties by the Chairman of the
Board or any extension mutually agreed upon by the Authority and the Contractor, in such
a case, either the Authority or the Contractor may, within 28 days after his receipt of the
decision, or within 28 days after the expiry of the said period, as the case maybe, give
notice to the other party, with a copy for information to the Engineer, of his intention to
refer the matter to the Conciliation Committee of Experts (CCIE) of the Authority (if
available) for Conciliation/amicable settlement.

(5) It is mandatory to refer all the disputes to DRB before issuance of completion
certificate and satisfactory completion of punch list items. No dispute shall be entertained
after completion of aforementioned date.

(6) If the Board has issued a decision to the Authority and the Contractor within the said
56 days or any extension mutually agreed upon by the Authority and the Contractor and
no notice of intention to commence Conciliation by the Conciliation Committee of Experts
(CCIE) of the Authority for Conciliation/ amicable settlement as to such dispute has been
given by either the Authority or the Contractor within 28 days after the parties received
such decision from the Board, the decision shall become final and binding upon the
Authority and Contractor.

(7) Whether or not it has become final and binding upon the Authority and the Contractor,
a decision shall be admissible as evidence in any subsequent dispute resolution procedure,
including any arbitration or litigation having any relation to the dispute to which the
decision relates.

(8) All decision of DRB which have become final and binding or till they have been
reversed in subsequent conciliation/Arbitration process shall be implemented by the
parties forthwith. Such implementation shall also include any relevant action of the
Engineer
 (9) If during the Contract Period, the Authority and the Contractor are of the opinion that
the Disputes Resolution Board is not performing its functions properly, the Authority and
the Contractor may together disband the Disputes Resolution Board and reconstitute it. In
that case, a new board shall be selected in accordance with the provisions applying to the
selection of the original Board as specified above, except that words "within 28 days after
the signing of this Contract Agreement" shall be replaced by the words "within
28 days after the date on which the notice disbanding the original Board became effective

(10) The Authority and the Contractor shall jointly sign a notice specifying that the Board
shall stand disbanded with effect from the date specified in the notice. The notice shall
be posted by email to each Member of the Board. A Member shall be deemed to have
received the e mail even if he refuses to have received the same.

(11) All other terms and conditions of the original Agreement shall remain
unaltered/unaffected and the parties shall remain bound by terms and conditions as
contained therein. Except for providing the services required hereunder, the Board
Members shall not give any advice to either party or to the Engineer concerning conduct
of the Works.
The Board Members:
(a). Shall have no financial interest in any party to the Contract Agreement, or the
Engineer, or a financial interest in the Contract, except for payment for services on the
Board.

(b). Shall have had no previous employment by, or financial ties to, any party to the
Contract Agreement, or the Engineer, except for fee based consulting services/advisers
on other projects, and/or be Retired Government Officers (not connected in whole or part
with the project), all of which must be disclosed in writing to both parties prior to
appointment to the Board.

(c). Shall have disclosed in writing to both parties prior to appointment to the Board any
and all recent or close professional or personal relationships with any director, officer,
or employee of any party to the Contract Agreement, or the Engineer, and any and all
prior involvement in the project to which the Contract relates;

(d). Shall not, while Board member, be employed whether as a consultant or adviser or
otherwise by either party to the Contract Agreement, or the Engineer, except as a Board
Member, without the prior consent of the parties and the other Board Members,

(e). Shall not, while a Board Member, engage in discussion or make any agreement with
any party to the Contract Agreement, or with the Engineer, regarding employment
whether as a consultant or otherwise whether after the Contract is completed or after
service as a Board Member is completed

(f). Shall remain and be impartial and of the parties and shall disclose in writing to the
Authority, the Contractor and one another any fact or circumstance which might be such
as to cause either the Authority or the Contractor to question the continued existence of
the impartiality and independence required of Board Members; and

(g).Shall be fluent in the language of the Agreement

2. Except for its participation in the Board's activities as provided in the Contract
Agreement and in this Agreement none of the Authority, the Contractor, and or the
Engineer shall solicit advice or consultation from the Board or the Board Members on
matters dealing with the conduct of the Works.

3. The Contractor shall:

(a). Furnish to each Board member one copy of all documents which the Board may
request including Agreement, progress reports and other documents pertinent to the
performance of the Contract Agreement.

(b). In cooperation with the Authority, coordinate the site visits of the Board, including
conference facilities, and secretarial and copying service.

4. The Board shall begin its activities following the signing of a Board Member's
Declaration of Acceptance by all three Board Members, and it shall terminate these
activities as set forth below:

(a). The Board shall terminate its regular activities when either

(i) Issuance of completion certificate and completion of punch list items or

(ii) The parties have terminated the Contract and when, in either case, the Board has
communicated to the parties and the Engineer its decision on all disputes previously
referred to it.
(b). Once the Board has terminated its regular activities as provided by the previous
paragraph, the Board shall remain available to process any dispute referred to it by either
party. In case of such a referral, Board Members shall receive payments as provided in
paragraphs 7(a) (ii), (iii) and (iv).

5. Board Members shall not assign or subcontract any of their work under these Rules
and Procedures.

6. The Board Members are not employees or agents of either the Authority or the
Contractor.

7. Payments to the Board Members for their services shall be governed by the following
provisions: (a). Each Board Member will receive payments as follows:

i. A retainer fee per calendar month as specified in the schedule of fee made part of this
Schedule and its revision from time to time. This retainer fee shall be considered as
payment in full for:

(A). Being available, on 7 days' notice, for all hearings, Site Visits, and other meetings of
the Board.

(B).Being conversant with all project developments and maintaining relevant files.

(C).All offices and overhead expenses such as secretarial services, photocopying and office
supplies (but not include telephone calls, faxes and telexes) incurred in connection with
the duties as a Board Member

ii. A daily fee as specified in the schedule of fee in respect of fee for site visit & meeting,
fee for meeting/ hearing not at site and extra charges for days (max. of 02days for
travel on each occasion) other than hearing/meeting days.
iii. Expenses, in addition to the above, all reasonable and necessary travel expenses
(including economy class air fare, subsistence, and other direct travel expenses) Receipts
for all expenses in excess of Rs. 2000/- (Rupees Two Thousand only) shall be provided.

iv. Reimbursement of any taxes that may be levied on payments made to the Board
Member pursuant to this paragraph 7.

(b). The retainer fee and other fees shall remain fixed for the period of each Board
Member’s term until revised by Employer. (c). Phasing out of monthly retainer fee.
Beginning with the next month after the completion certificate (or, if there are more than
one, the one issued last) has been issued, the Board members shall receive only one-third
of the monthly retainer fee till next one year. Beginning with the next month after the
Board has terminated its regular activities pursuant to paragraph 4(a) above, the Board
members shall no longer receive any monthly retainer fee.

(d). Payments to the Board Members shall be shared equally by the Authority and the
Contractor. The concerned field unit / Project Implementation Unit (PIU) of Authority
shall pay members‟ invoices within 30 calendar days after receipt of such invoices and
shall invoice the Contractor for one-half of the amounts of such invoices. The Contractor
shall pay such invoices within 30 days‟ time period after receipt of such invoices. 8.
Board Site Visits:

(a). The Board shall visit the Site and meet the representatives of the Authority, the
Contractor and the Engineer at regular intervals, at times of critical construction events,
at the written request of either party, and in any case not less than 6 times in any period
of 12 months. The timing of Site visits shall be as agreed among the Authority, the
Contractor and the Board, but failing agreement shall be fixed by the Board.

(b). Site visits shall include an informal discussion of the status of the construction of
the Works. Site visits shall be attended by personnel from the Authority, the Contractor
and the Engineer

(c). At the conclusion of each Site visit, the Board shall prepare a report covering its
activities during the visit and shall send copies to the parties and to the Engineer.

9. Procedure for Dispute Referral to the Board:

(a) If either party objects to any action or inaction of the other party or the Engineer,
the objecting party may file a written Notice of Dispute to the other party with a copy
to the Engineer stating that it is given pursuant to the Agreement and state clearly and
in details the basis of the dispute.

(b) The party receiving the Notice of Dispute will consider it and respond to it in writing
within 14 days after receipt.

(C) This response shall be final and conclusive on the subject, unless a written appeal to
the response is filed with the responding party within 10 days after receiving the response
and call upon Engineer to mediate and assist the parties in arriving an amicable settlement
thereof. Both parties are encouraged to pursue the matter further to attempt to settle
the dispute.
(d) If the Engineer receiving the Notice of Dispute fails to provide a written response
within 14 days after receipt of such Notice or failing mediation by Engineer, either party
may require such dispute to be referred to the Board, either party may refer the dispute
to the Board by written Request to the Board. The Request for decision shall state clearly
and in full detail the specific issues of the dispute (s) to be considered by Board.

Chairman of the Board, with copies to the other Board Members, the other party, and
the Engineer, and it shall state that it is made pursuant to this Agreement.

(e) When a dispute is referred to the Board, and the Board is satisfied that the dispute
requires the Board's assistance, the Board decide when to conduct a hearing on the
dispute. The Board may request that written documentation and arguments from both
parties be submitted to each Board Member before the hearing begins. The parties shall
submit insofar as possible agreed statements of the relevant facts.

(f) During the hearing, the Contractor, the Authority, and the Engineer shall each have
ample opportunity to be heard and to offer evidence. The Board's decision for resolution
of the dispute will be given in writing to the Authority, the Contractor and the Engineer
as soon as possible, and in any event not more than 56 days or any mutually extended
period between the Authority and the Contractor. The time period of 56 days of issuance
of DRB decision will reckon/start from the day of first hearing that begins after submission
of complete pleadings (including supporting documents, if any) by the parties.

10. Conduct of Hearings:

(a) Normally hearings will be conducted at the Site, but any location that would be more
convenient and still provide all required facilities and access to necessary documentation
may be utilized by the Board. Private session of the Board may be heldat any cost
effective location convenient to the Board. Video recordings of all hearings shall invariably
be made.

(b) The Authority, the Engineer and the Contractor shall be given opportunity to have
representatives at all hearings. Parties should restrain to bring any Advocate/Law Firm
during DRB hearings.

(c) During the hearings, no Board Member shall express any opinion concerning the merit
of the respective arguments of the parties.

(d) After the hearings are concluded, the Board shall meet privately to formulate its
decision. The private meeting (s) of the Board shall not exceed 3 sittings. All Board
deliberations shall be conducted in private, with all Members' individual views kept strictly
confidential. The Board's decisions, together with an explanation of its reasoning shall be
submitted in writing to both parties and to the Engineer. The decision shall be based on
the pertinent Contract provisions, applicable laws and regulations and thefacts and
circumstances involved in the dispute.

(e) The Board shall make every effort to reach a unanimous decision. If this proves
impossible the majority shall decide and the dissenting Member may prepare a written
minority report together with an explanation of its reasoning for submission to both
parties and to the Engineer.

11. In all procedural matters, including the furnishing of written documents and
arguments relating to disputes, site visits and conduct of hearings, the Board shall have
full and the final authority. If a unanimous decision on any such matter proves impossible,
the majority shall prevail.

12. After having been selected and where necessary approved each Board Member shall
sign two copies of the following declaration and make one copy available each to the
Authority and to the Contractor.

“BOARD MEMBER‟S DECLARATION OF ACCEPTANCE” WHEREAS

(a). A Contract Agreement (the Contract) for the project [fill in the
name of project] has been signed on [fill in date]
between [name of Authority] and [name of
Contractor] (the Contractor).;

(b). The provisions of Agreement and Dispute Resolution Board‟s rules and procedure
provided for establishment and operation of Dispute Resolution Board (DRB).

(c). The undersigned has been selected to serve as a Board Member on said Board; NOW
THEREFORE, the undersigned Board Member hereby declares as follows:

1. I accept the selection as a Board Member and agree to serve on the Board and to be
bound by the provisions of Contract Agreement and rules and procedure provided for
establishment and operation of Dispute Resolution Board (DRB).

2. With respect to paragraph 1 of Dispute Resolution Board’s Rules and Procedure. said
Annex A, I declare (a). that I have no financial interest of the kind referred to in
subparagraph (a): (b). that I have had no previous employment nor financial ties of the
kind referred to in subparagraph (b); and (c). that I have made to both parties any
disclosures that may be required by subparagraphs (b) and (c).

3. I declare that I have no. of Arbitrations (list enclosed) and no. of DRBs (list enclosed)
in progress and that I will give sufficient time for the current assignment.
BOARD MEMBER (insert
name of Board Member) Date:

Schedule of expenses and fees payable to the Member (s) of Dispute Resolution Board
(DRB)
The fee and other expenses payable to the Members of DRB shall be as under:-

S.N. PARTICULAR AMOUNT PAYABLE

1 Retainer Ship fee, Secretarial Rs 50,000/- per month for one package
Assistance and Incidental charges and maximum of Rs 75,000/- per month
(telephone, fax, postage, etc.) for 2 or more packages.

2 (i) Fee for site visit or meetings at site 25,000/- per day
(ii) Fee for meetings/ hearings not at site 10,000/- per day
3 Travelling expenses Economy class by air, AC First Class by
train and AC Taxi by road
 4 Lodging and Boarding Rs 15,000/- per day (Metro Cities) or
Rs 10,000/- per day (in other Cities) or
Rs 5,000/- per day (own arrangement)

5 Extra charges for days other than 5,000/-

hearing/ meeting days (travel days
maximum of 2 days on each occassion)

6 Local Conveyance 2,000/-

Notes:
(i) Lodging, boarding and travelling expenses will be allowed only for those members
who are residing 100 kms away from the place of meeting.
(ii) Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as
Metro Cites.
(iii) The above schedule of fee and expenses shall be applicable on or after the date of
issue of this circular.
(iv) The expenses are to be shared equally by the parties i.e. Authority and Contractor.

The decision(s) of the Dispute Resolution Board shall be binding on both parties who
shall promptly give effect to unless and until the same is revised/modified, as hereinafter
provided, in a Conciliation/Arbitral Tribunal.

24.2 Conciliation:

If either the Authority or the Contractor is dissatisfied with any decision of the DRB,
and/ or if the DRB is unable to resolve the dispute, either Party may refer the Dispute to
Arbitration in accordance with the provisions of Clause 24.3 but before resorting to such
Arbitration, the parties agree to explore conciliation by the Conciliation Committees of
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 24.3.

24.3 Arbitration:
In case of Dispute or difference arising between the Employer and a contractor relating
to any matter arising out of or connected with this agreement, such disputes or difference
shall be settled as set forth below:

i) The Dispute shall be finally referred to Society for Affordable Resolution of

Disputes (hereinafter called as SAROD), a Society registered under Society’s
Act, 1860 vide Registration no. S/RS/SW/1049/2013 duly represented by
Authority and National Highways Builders Federation (NHBF). The dispute shall
be dealt with in terms of Rules of SAROD. The detailed procedure for conducting
arbitration shall be governed by the Rules of SAROD and provisions of Arbitration
& Conciliation Act, 1996, as amended from time to time. The Dispute shall be
governed by Substantive Law of India
ii) The appointment of Tribunal, Code of conduct for Arbitrators and fees and
expenses of SAROD and Arbitral Tribunal shall also be governed by the Rules of
 SAROD as amended from time to time. The rules of SAROD are as per Annex-1.
iii) Arbitration may be commenced during or after the Contract Period, provided
that the obligations of Authority and the Contractor shall not be altered by
reason of the Arbitration being conducted during the Contract Period.
iv) The seat of Arbitration shall be New Delhi or a place selected by governing body
of SAROD and the language for all documents and communications, between the
parties shall be English.
v) The expenses incurred by each party in connection with the preparation,
presentation, etc., of arbitral proceedings shall be shared by each party itself

24.4 The arbitrators shall make a reasoned award (the “Award”), Any Award made in any
arbitration held pursuant to this Clause shall be final and binding on the Parties as from
the date its is made and the contractor and the Authority agree and undertake to carry
out such Award without delay.

24.5 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 assetswherever
situated.

24.6 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.

24.7 Adjudication by Regulatory commission or Authority

In the event of constitution of a statutory Regulatory Commission or Authority 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 24, be
adjudicated upon by such Regulatory Commission or Authority 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 agreethat the adjudication
hereunder shall not be final and binding until an appeal against such adjudication has been
decided by an appellate tribunal or High Court as the case may be, or no such appeal has
been preferred within the time specified in the Applicable Law.
B. TIME CONTROL

25. Programme
25.1 The Contractor shall submit to the Engineer for approval a work programme
within period specified in the contract data showing the requirement of manpower,
machinery and material along with required cash flow inputs, general methods,
arrangements, order, and timing etc. for all the maintenance works and activities.

25.2 The Engineer may issue the work order for Emergency Works in stages specifying
the time limit for the same as and when required except the performance- based
maintenance items. To be clear, no separate work orders shall be issued for Routine
Maintenance/Periodic Maintenance/Initial rectification works.

25.3 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of progress achieved on the timing of the
remaining Works, including any changes to the sequence of activities.

25.4 The Contractor shall submit to the Engineer for approval an updated Programme
at intervals. If the Contractor does not submit an updated Programme within
this period, the Engineer may withhold the amount stated in the Contract Data from the
next payment certificate and continue to withhold this amount until the next payment
after the date on which the overdue Programme has been submitted.

25.5 The Engineer’s approval of the Programme shall not alter the Contractor’s
obligations. The Contractor may revise the Programme and submit it to the Engineer again
at any time. A revised Programme shall show the effect of Variations and Compensation
Events.

26. Extension of the Intended Completion Date

26.1 The Engineer shall extend the Intended Completion Date only after approval
of the Employer if a Compensation Event occurs or a Variation is issued which makes it
impossible for Completion to be achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining Works, which would cause the
Contractor to incur additional cost.

26.2 The Engineer, within 14 days of receiving full justification from the Contractor
for extension of Intended Completion Date, will refer to the Employer his
recommendation. The Employer shall, in not more than 21 days from the date of receipt of
Engineer’s recommendation, communicate to the Engineer the acceptance or otherwise. The
Engineer shall convey the decision of the Employer to the Contractor.

27. Delays Ordered by the Engineer

27.1 The Engineer may instruct the Contractor to delay the start or progress of any
activity within the Works. Delay/delays totaling more than 30 days will require prior
written approval of the Employer.

28. Management Meetings

28.1 The Engineer may require the Contractor to attend a management meeting.
The business of a management meeting shall be to review the plans and progress for the
Maintenance Works.

28.2 The Engineer shall record the business of management meetings and provide
copies of the record to those attending the meeting including Authority. The responsibility
of the parties for actions to be taken shall be decided by the Engineer either during the
management meeting or after the management meeting and to be intimated in writing to
all those who attended the meeting.

28.3 Engineer and Contractor will mandatorily hold a meeting with the Employer at
least once in a month.

C. QUALITY CONTROL

29. Identifying Defects

29.1 The Engineer shall check the Contractor’s work and notify the Contractor of any
Defects those are found. Such checking shall not affect the Contractor’s responsibilities.
The Engineer may instruct the Contractor to uncover and test any work that the Engineer
considers may have a Defect. The Contractor shall raise Request for Inspection (RFI) or
Information for Inspection (IFI) for all day to day activities of Routine
Maintenance of road asset, Periodical Maintenance, Initial Rectification and emergency
works to ensure quality of all the day to day activity and progress of the maintenance
work. For release of payment enclosure of RFI/ IFI is mandatory.
30. Tests
The Contractor shall set up a field laboratory within 30 days period from the date of Notice
to Proceed the work stated in Contract Data and shall be solely responsible for:
a) Carrying out the mandatory tests prescribed in Technical Specifications and
b) For the correctness of test/procedures, whether preformed in his laboratory
or elsewhere.

30.1 If the Engineer instructs the Contractor to carry out a test not specified in the
Specifications to check whether any work has a Defect and the test shows that it does,
the Contractor shall pay for the testing charges and for any number of samples. Otherwise,
the Employer shall pay for the testing charges.

31. Correction of Defects noticed during the Defects Liability Period

31.1 The works carried out shall be of very high standard, requiring no major repairs
on the road for at least, during defects liability period, after the date of completion of
works.

31.2 If any defects including shrinkage, cracks, other faults appear in the works
within the period specified hereunder rectification of defects as per required
specifications and good industry practice may be undertaken. In case defects stillprevails,
the Engineer shall give notice to the Contractor of any defects before the endof the
Defects Liability Period after issue of “Taking over” certificate. The Defects Liability
Period shall be extended for as long as the defects remain to be corrected.

31.3 Every time notice of a defect is given, the Contractor shall correct the notified
defect as per relevant specifications and good industry practice at his own cost within the
length of time specified in the Engineer’s notice.

31.4 The Defects Liability Period shall be as given in the Contract Data, counted from
the Date of Completion stated in the Certificate of Completion issued in pursuance of
Clause 47. The defect liability period is not applicable for works of routine maintenance
such as pot holes/ patch repairs/ruts repairs under performance based BOQ item.

31.5 If during the Defects Liability Period any defect is found in the design,
engineering, materials and workmanship of the Works and Services executed by the
Contractor, then the Contractor shall promptly, in consultation and agreement with the
Engineer, appropriately remedy such defects at its cost, or repair, replace or otherwise
make good (as the Contractor shall, at its discretion, determine) such defects as well as
any damage to the Road caused by such defects.

31.6 The Contractor’s obligations under this Clause 31 shall not apply to:
a) any material that is supplied by the Employer, and normally consumed in
maintenance, or have a normal life shorter than the Defects Liability Period
stated herein;
b) any design, Specification or other data, supplied or specified by or on behalf of the
Employer or any matter for which the Contractor has disclaimed responsibility herein;
31.7 The Employer shall offer the Contractor all reasonable opportunity to inspect
the defect(s) Noticed, as well as provide all necessary access to the Facilities and the Site
to enable him to perform his obligations under this Clause 31.
The Contractor may remove from the Site any Plant and Equipment or any part of the
Facilities that are defective, if the nature of the defect, and/or any damage to the
Facilities caused by the defect, is such that repairs cannot be expeditiously carried out
at the Site.

32. Work to be executed on Risk & Cost of Contractor for Uncorrected Defects
32.1 If the Contractor fails to correct a Defect as per relevant specifications and
good industry practice, to the satisfaction of the Engineer, within the time specified in
the Engineer’s notice, the Engineer will assess the cost of having the Defect corrected.
The Contractor will pay to the Employer this amount or the Engineer may deduct such
amount from any sums due to the Contractor, on correction of the Defect together with
20 percent additional costs as the damages.
32.2 In case of any non-compliance/delayed compliance of maintenance standards,
the damages/reduction in payment shall be applicable as provided under Road
Maintenance Standards Part – I.

D. COST CONTROL

33. Bill of Quantities

33.1 The Bill of Quantities shall contain
i) Lump-sum price per km per month for Routine Maintenance of Road Asset;
ii) Lump sum price for Initial rectification works which are required to bring
the road to service levels
iii) Lump sum price per km for Periodical Maintenance works the description
of items, units, rates and amount.
iv) Unit rate for Emergency works
33.2 In case of Routine Maintenance, Initial rectification works and periodical
maintenance works, the indicated BOQ items are provisional and the Bidder/ Contractor
is required to assess the items, quantities and the cost for quoting the Bid in percentage
above/ below the indicative amount by the Employer. The Bidder shall have no claim
whatsoever in case the quantities executed are in excess than the provisions in the BOQ.

In case of Emergency Works, the Engineer / Employer shall provide the details of items
to be executed along with quantities, rates and amounts. The payment will be made as
per actual work executed and measured at site.

In case of variation in quantities, the payment will be made as per agreement rates i.e.
applicable SOR adjusted with quoted and accepted percentage of the Bidder on overall
indicated amount of the Work by the Employer. If necessity of additional work items is
warranted the payment for such work will be admissible at applicable SOR/ Market rates
adjusted with quoted and accepted percentage of the Bidder on overall indicative amount
of work by the Employer.
In case of Routine Maintenance for Electric lights at locations of Project Highway
Stretch(es), the Electricity consumption Bill (s) as raised by the concerned Utility Providing
Agencies in the name of Employer will be paid by the Employer, however all such utility
services assets are to be maintained by the Contractor in the serviceable condition.
33.3 Routine Maintenance Works shall be measured and billed separately and will be
remunerated by lump-sum amount after making adjustments for deductions for lapses in
maintaining the defined service levels during the entire period of contract as stated in the
BOQ.
33.4 Initial rectification works and Periodical Maintenance works are to be paid on the
basis of the lengths completed in accordance with the approved programme.
33.5 Emergency works will be taken up and paid on the basis of work order issued by the
Engineer/ Employer which will include quantities of various items to be executed with
reference to the unit rates provided in the BOQ.

34. Measurement for Payments

34.1 Routine Maintenance of Road assets will be measured per km per month. However,
payment for Routine Maintenance of road assets shall be effected by compliance with the
Maintenance Standards pursuant to Maintenance Activities and shall be billed in fixed
monthly amounts (lump-Sum amount), as per the Bill of Quantities for Maintenance
Activities, beginning from the Start Date. Payments will be made with reduction if the
Maintenance standards are not achieved as defined in the specifications. The reductions
for non-compliance with the Maintenance standards will be applied on the basis of monthly
inspection, in accordance with the methodology specified in the Road Maintenance
Standards and Specifications (Section 7).
34.2 Initial rectification works and Periodical Maintenance Works will be measured based
on the actual work outputs (completed per km length) as defined in the Specifications and
completed by the Contractor in compliance with the Specifications.
34.3 Emergency works will be taken up and paid on the basis of work order issued by the
Engineer/ Employer which will be in accordance with the unit of measurement used for
product unit price included in the Bill of Quantities. The prices shall be those stated in the
Bill of Quantities.

35. Variations
35.1 The Engineer may order Variations, with the prior approval of the Employer, he
considers necessary or advisable during the progress of the Works. Such Variations shall
form part of the Contract and the Contractor shall execute the varied works. Oral orders of the
Engineer for Variations, unless followed by written confirmation, shall not be taken into
account. Further, no variation to Routine Maintenance, Initial Rectification and Periodic
Renewal Works are acceptable, except as specified in Clause 6.2 of Part-II of Section-7
(Specifications for Road Maintenance Works and Operational Procedures).

36. Payments for Variations

36.1 If rates for Variation items are specified in the Bill of Quantities, the Contractor shall
carry out such work at the same rate.
36.2 If the rates for Variation are not specified in the Bill of Quantities under Emergency
works, the Engineer shall derive the rate from SOR applicable at the time of bidding.
36.3 If the rate for Variation item under Emergency works cannot be determined in the
manner specified in Clause 36.1 or 36.2, the Contractor shall, within 14 days of the issue
of order of Variation work, inform the Engineer the rate which he proposes to claim,
supported by analysis of the rates. The Engineer shall assess the quotation and determine
the rate based on prevailing market rates within seven days of the submission of the claim
by the Contractor and approval from the Employer shall be taken. As far as possible, the
rate analysis shall be based on the Standard Data Book and the current Schedule of Rates
of the district public works division. The decision of the Employer on the rate so
determined shall be final and binding on the Contractor.

37. Cash Flow Forecasts

37.1 When the Programme is updated, the Contractor shall provide the Engineer with an
updated cash flow forecast.

38. Payment Certificates

38.1 The Contractor shall submit to the Engineer monthly statements of the value of the
work executed less the cumulative amount certified previously, supported with detailed
measurement of the items of work executed.
38.2 The Engineer shall check the Contractor’s monthly statement within 07 days and
certify the amount to be paid to the Contractor after taking into account any credit or
debit for the month in question.
38.3 The value of work executed shall be determined, based on measurements by the
Engineer.
38.4 The value of work executed shall comprise the value of the quantities of the items
in the Bill of Quantities completed.
38.5 The value of work executed shall also include the valuation of Variations and
Compensation Events.
38.6 The Engineer/Employer may exclude any item certified in a previous certificate or
reduce the proportion of any item previously certified in any certificate in the light of
latest information.
38.7 The final bill shall be submitted by the Contractor within one month of the actual
date of completion of the work; otherwise, the Engineer’s certificate of the measurement
and of the total amount payable for work accordingly shall be final and payment made
accordingly within a period of sixty days as far as possible. It shall also comprise of all the
test reports conducted during the work.

39. Payments
39.1 Payments shall be adjusted for deductions for Output Performance measures,
advance payments, security deposit, other recoveries in terms of the Contract and taxes
at source, as applicable under the law. The deduction and payment methodology are
described in Clause 5.2 of Part-II of Section-7 (Specifications for Road Maintenance Works
and Operational Procedures). The Employer shall pay the Contractor the amounts the
Engineer had certified, within 28 days of the date of each certificate after submission of
the monthly statement by Contractor.
39.2 Monthly statement for routine maintenance, Initial Rectification Works and Periodic
Maintenance shall be raised on monthly basis. The authorized representative of the
Employer shall make the payment certified by the Engineer.
 39.3 deleted.
39.4 Price Adjustment - Prices shall be adjusted for fluctuations in the cost of inputs
only if provided for in the Contract Data. If so provided, the amounts certified in each
payment certificate, after deducting for Advance Payment (if any), shall be adjusted by
applying the respective price adjustment factor to the payment amounts. Formula as
below shall be applied:

P = A + B Imc/Ioc

where:

P is the adjustment factor for the amount payable

A and B are coefficients7 specified in the Contract Data, representing the

nonadjustable and adjustable portions, respectively, of the Contract Price
payable and

Imc is the index prevailing at the end of the month being invoiced and Ioc is the
index prevailing twenty-eight (28) days before Bid due date for inputs payable;

If the value of the index is changed after it has been used in a calculation, the
calculation shall be corrected, and an adjustment made in the next payment
certificate. The index value shall be deemed to take account of all changes in
cost due to fluctuations in costs.

40. Compensation Events

40.1 The following shall be Compensation Events unless they are caused by the
Contractor:
a) The Engineer orders a delay or delays exceeding a total of 30
days;
b) The effects on the Contractor of any of the Employer’s Risks.
40.2 If a Compensation Event would prevent the Works being completed before the
Intended Completion Date, the Intended Completion Date shall be extended. The Engineer
shall decide whether and by how much the Intended Completion Date shall be extended
after approval of the Employer.
40.3 The Contractor shall not be entitled to compensation to the extent that the
Employer’s interests are adversely affected by the Contractor not having given early
warning or not having cooperated with the Engineer/Employer.

41. Taxes and Currencies for Payments

41.1 The rates quoted by the Contractor shall be deemed to be exclusive of the GST and
Labour Cess$ butincluding other levies, duties, royalties, cess, toll, and other taxes of
Central and State
$GST and Labour Cess to be paid separately as per extant guidelines.

7 The sum of the two coefficients A and B should be 1 (one) in the formula for each currency.
Normally, both coefficients will be the same in the formulae for all currencies, since coefficient A, for
the nonadjustable portion of the payments, which is 0.15 to take account of fixed cost elements or
other nonadjustable components. The sum of the adjustments for each currency is added to the
Contract Price.
Governments, local bodies and authorities that the Contractor will have to pay for the
performance of this Contract. The Employer will perform such duties in regard to the
deduction of such taxes at source as per applicable law.
41.2 All payments shall be made in Indian Rupees.

42. Security Deposit/Retention Money

42.1 The Employer shall retain security deposit of five percent of the amount from each
payment due to the Contractor until Completion of the whole of the Works. However,
Govt. Policies and orders at the time of Bidding will prevail.
42.2 The security deposit/retention money and the performance security will be released
to the Contractor when the Defects Liability Period is over, and the Engineer has certified
that the Defects, if any, notified by the Engineer to the Contractor before the end of this
period have been corrected. Also refer clause 16 of Contract Data.
42.3 If the Contractor so desires, then the Security Deposit/retention money can be
released on submission of unconditional Bank Guarantee at the following two stages:-
a) At a point after the progress of work in financial term (gross value of
work done) has reached 50% of the contract amount
b) After the retention money has been deducted to the full value (5% of the
contract amount).

43. Liquidated Damages

43.1 The Contractor shall pay liquidated damages to the Employer at the rate or part
thereof stated in the Contract Data for each day for Initial Rectification works (beyond six
month) and Periodical Maintenance works (beyond 2/4 years as the case may be). The total
amount of liquidated damages shall not exceed the amount defined in the Contract Data.
The Employer may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor’s other liabilities. The
Contractor shall also pay the liquidated damages for any delay in completing the
emergency work as stated in the work order issued by the Engineer.
43.2 Both the parties expressly agree that the liquidated damages payable by the
Contractor are mutually agreed, genuine, pre-estimated loss and without any proof of
actual damages likely to be suffered and incurred by the Employer and the Employer is
entitled to receive the same and are not by way of penalty.
43.3 Deleted.

44. Advance Payment

44.1 The Employer will make an interest-bearing advance payment to the Contractor only
for Initial Rectification Works and Periodic Maintenance works against provision by the
Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable tothe
Employer in amounts equal to the 110% advance payment maximum up to 10% of Contract
Price. The guarantee shall remain effective until the advance payment has beenrepaid,
but the amount of the guarantee shall be progressively reduced by the amounts repaid by
the Contractor. The Contractor shall take the above advance before 2nd runningbill and if
the contractor delays seeking the advance, the same is not payable.
44.2 The Contractor is to use the advance payment only to pay for Equipment, plant and
Mobilization expenses required specifically for execution of the Works. The Contractor
shall demonstrate that the advance payment has been used in this way by supplying copies
of invoices or other documents to the Engineer within 6 months from date of start.
44.3 The advance payment shall be repaid with interest @ Bank Rate + 3% applicable on
the date of release of mobilization advance, by deducting from payments otherwise due to
the Contractor. The mobilization advance will be recovered from third running bill upto
8th running bill in six equal instalments and the interest will be recovered from 9 th bill.
In any case, the mobilization advance with interest must be recovered within ten months
from the date of agreement. No account shall be taken of the advance payment or its
repayment in assessing valuations of work done, Variations, Compensation Events, or
Liquidated Damages.

45. Performance Security

45.1 Subject to further condition in Contract Data, the Performance Security equal to
three percent of the Contract Price shall be provided to the Employer no later than the
date specified in the Letter of Acceptance and shall be issued in the form given in the
Contract Data and by a prescribed bank. The Performance Security shall be valid until a
date 60 days after the expiry of Defects Liability Period or Contract Period whichever is later.

46. Cost of Repairs

46.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Liability Period shall be remedied/rectified by
the Contractor at his cost if the loss or damage arises from the Contractor’s acts or
omissions.

E. FINISHING THE CONTRACT

47. Completion
47.1 The Contractor shall request the Engineer to issue a certificate of Completion of the
Works, and the Engineer will do so upon deciding that the Works are completed as per
specifications and standards given in the Contract and as per approved design.

48. Taking Over

48.1 The Employer shall take over the Site and the Works by preparing of detailed
inventory of all road assets, median plantation, road side plantation and road furniture,
and other project facilities etc., verified by the Third Party Agency engaged for the
purpose by the Employer and such taking over Report/ Detailed statement to be signed by
the representative of the Contractor, Engineer and Authority within seven days of the
Engineer’s issuing a certificate of Completion.

49. Final Account

49.1 The Contractor shall supply to the Engineer with a detailed account of the total
amount that the Contractor considers payable under the Contract before the end of the
Defects Liability Period. The Engineer shall issue a Defects Liability Certificate (DLC) and
certify any final payment that is due to the Contractor within 28 days of receiving the
Contractor’s account if it is correct and complete. If it is not, the Engineer shall issue
within 28 days a schedule that states the scope of the corrections or additions that are
necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the
Engineer shall decide on the amount payable to the Contractor and issue a payment
certificate within 28 days of receiving the Contractor’s revised account
49.2 Upon submission of the Final Statement, the Contractor shall give to the Employer,
with a copy to the Engineer, a written discharge confirming that the total of the Final
Statement represents full and final settlement of all monies due to the Contractor
arising out of or in respect of the Contract. Provided that such discharge shall become
effective only after payment due under the Final Payment Certificate issued pursuant to
Sub-Clause 49.1 has been made.

50. Operation and Maintenance Manual

50.1 If “as built” Drawings and/or operation and maintenance manuals are required
relating to construction work carried out, the Contractor shall supply them within 28 days
from the date of issue of certificate of completion.
50.2 If the Contractor does not supply the Drawings and/or manuals by the stipulated date
or they do not receive the Engineer approval, the same shall be got prepared by the third
party agency at its Risk & Cost and such cost along with damages of Rs 5 Lakhs in addition
to aforementioned cost would be recovered from the Contractor.

50.3 Termination: The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.

50.4 Fundamental breaches of Contract include, but shall not be limited to, the following:
A) Fundamental Breaches by the Contractor
a) the Contractor stops work or grossly neglects Routine Maintenance Works
and Services for 28 days when no stoppage of work is shown on the current
programme and the stoppage has not been authorized by the Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than
for approved reconstruction or amalgamation;
c) the Engineer/Employer gives Notice that failure to correct a particular
Defect is a fundamental breach of Contract and the Contractor fails to
remedy the defect and correct it within the period of time determined
by the Engineer;
d) the Contractor does not maintain a Security Deposit as per clause;
e) the Contractor has delayed the completion of Works by the number of days
for which the maximum amount of liquidated damages can be paid, as
defined in Clause 43;
f) the aggregate liability of the Contractor to the Employer, exceeds the
total amount specified in the Contract Data, provided that this limitation
shall not apply to the cost of repairing or replacing defective works and
equipment;
g) the Contractor fails to provide insurance cover as required under Clause
13;
h) if the Contractor, in the judgement of the Employer, has engaged in the
 corrupt or fraudulent practices as defined in Clause 34 of the
Instructions to Bidders in competing for or in executing the Contract;
i) if the Contractor fails to set up a field laboratory with the prescribed
equipment, within the period specified in the Contract Data;
j) if the Contractor does not deploy any of the personnel stated in Contract
Data within 45 days of issue of notice to proceed;
k) The Contractor violates the provisions of Child Labour (Prohibition &
Regulation) Act, 1986;
l) Breach as described in note 5 of Clause 5.2 of Part II of Specification for
Road Maintenance works and Operational Procedures as action for
repeated non compliances.
m) Any other fundamental breaches as specified in the contract data.

50.5 Without prejudice to any other right or remedies which the Employer may have under
this contract upon occurrence of a Contractor’s fundamental breach of contract, the
Employer shall be entitled to terminate this contract by issuing a Termination Notice to
the Contractor provided that before issuing the Termination Notice, the Employershall
by a Notice inform the Contractor of its intention to issue such Termination Notice and
grant 15 days to the Contractor to make a representation and may after the expiry ofsuch
15 days, whether or not it is in receipt of such representation issue the Termination Notice.
50.6 Notwithstanding the above, the Employer may Terminate/ Foreclose the Contract for
its convenience.
50.7 If the Contract is terminated/ Foreclosed, the Contractor shall stop work
immediately, make the Site safe and secure, and leave the Site as soon as reasonably
possible.

51. Payment upon Termination/ Foreclosure

51.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a certificate for the value of work done and Materials
ordered less advance payments received up to the date of issue of the certificate and less
the percentage to apply to the value of the work not completed, as indicated in the
Contract Data. If the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be a debt payable to the Employer and Employer may
recover the same from Performance Bank Guarantee.
51.2 Employer may foreclose the contract in the event of start of any new development
work or situation warrants otherwise. If the Contract is foreclosed at the Employer’s
convenience, the Engineer shall issue a certificate for the value of work done, and a pre-
determined amount specified in the contract data to cover the reasonable cost of removal
of Equipment and repatriation of the Contractor’s personnel employed solely onthe Works,
and the Contractor’s profit due on the works not executed (in any case not more than 10%
on the remaining work value) and less advance payments received up to the date of the
certificate, less other recoveries due in terms of the Contract, and less taxes due to be
deducted at source as per applicable law.

52. Property
52.1 All Materials on Site, Plant, Equipment, Temporary Works and Works shall be
deemed to be the property of the Employer for use for completing balance work if the
Contract is terminated because of the Contractor’s default.

53. Release from Performance

53.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of the Employer or the Contractor, the Engineer shall certify that the
Contract has been frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a commitment was
made.
F. OTHER CONDITIONS OF CONTRACT

54. Labour
54.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport; and for compliance of various labour
laws/regulations.
54.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return
in detail, in such form and at such intervals as the Engineer may prescribe, showing the
staff and the numbers of the several classes of labour from time to time employed by
the Contractor on Site and such other information as the Engineer may require.
54.3 The Contractor’s personnel including equipment operators shall be appropriately
qualified, skilled and experienced in their respective trades or occupations. The Engineer
may require the Contractor to remove or cause to be removed any person employed on
the site or the works, including the Contractor’s representative, if applicable, who
a) Persists in any misconduct or lack of care;
b) Carries out duties incompetently or negligently;
c) Falls to conform with any provision of the contract;
d) Persists in any conduct which is prejudicial to safety, health or protection
of the environment.
If appropriate, the contractor shall then appoint or cause to be appointed a
suitable replacement person
55. Compliance with Labour Regulations
55.1 During continuance of the Contract, the Contractor and his sub-Contractors shall
abide at all times by all existing labour enactments and rules made thereunder,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may be
passed or notification that may be issued under any labour law in future either by the
State or the Central Government or the local authority. (Salient features of some of the
major labour laws that are applicable to construction industry are given in Addendum to
General Conditions of Contract.) The Contractor shall keep the Employer indemnified in
case any action is taken against the Employer by the competent authority on account of
contravention of any of the provisions of any Act or rules made thereunder, regulations or
notifications including amendments. If the Employer is caused to pay or reimburse, such
amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/bye taws/Acts/Rules/regulations including amendments,
if any, on the part of the Contractor, the Employer shall have the right to deduct any
money due to the Contractor including his amount of performance security. The
Employer shall also have right to recover from the Contractor any sum required or
estimated to be required for making good the loss or damage suffered by the Employer.
In no case shall the employees of the Contractor and the Sub-Contractor be treated
as the employees of the Employer at any point of time.

56. Drawings and Photographs of the Works

56.1 The Contractor shall do photography/video photography of the site firstly beforethe
start of work, secondly mid-way in the execution of different stages of work and lastly
after the completion of each item of work. No separate payment will be made to the
contractor for this. The contractor shall also carry out the Drone survey as per extent
Authority policies and shall upload the output data on the Data Lake portal or any other
portal as decided by Authority by 07th of each succeeding month.
56.2 The Contractor shall not disclose details of Drawings furnished to him and works
on which he is engaged without the prior approval of the Engineer in writing. No
photograph of the works or any part thereof or plant employed thereon, except those
permitted under Clause 57.1, shall be taken or permitted by the Contractor to be taken
by any of his employees or any employees of his sub-Contractors without the prior
approval of the Engineer in writing. No photographs/video photography shall be published
or otherwise circulated without the approval of the Engineer in writing.

57. The Apprentices Act, 1961

57.1 The Contractor shall duly comply with the provisions of the Apprentices Act, 1961 (Ill
of 1961), the rules made there under and the orders that may be issued from time to time
under the said Act and the said Rules and on his failure or neglect to do so, he shall be
subject to all liabilities and penalties provided by the said Act and said Rules.
 CONTRACT DATA

Items marked “N/A” do not apply in this Contract.

1. The Employer is [Cl.1.1 of ITB]
[General Manager (T))
National Highways Authority of India,
G-5 &6 , Sec-10, Dwarka , New Delhi – 110075 ,
E-mail: [email protected] ]
Name of authorized Representative: Sh. Kamal kant
2. The Engineer is: (Will be intimated later) [Clause 1.1 of GCC]
Designation:
Address: [Cl.1.1]
3. The Intended Completion Date for the whole of the Works is [60 months from
Start Date] [Cl.1.1, 17&26 of GCC]
4. The Site is located at [PBMC O&M work of 4 Laning of Simga-Sargaon (PKG - II) of NH-200
section from Km 48+580 to Km 91+026 and Sargaon- Bilaspur (PKG - III) of NH-200 section
from Km 91+026 to Km 126.525 section of Raipur-Bilaspur in the State of Chhattisgarh.] [Sr
no 1 of NIT]

The roads and road sections including service roads, all cross drainage works and all
other project facilities as defined in Section 10 of the Bid document.
The responsibility of the Contractor (“the Site”) is all roads and road sections included
in the section 10, including
• the Right-of-Way of the road;
• all junctions, intersections, and interchanges, including slip lanes and (unless
otherwise stipulated in the Contract) the first 50 meters of the connecting roads;
and
• for all river or stream beds the Contractor’s responsibilities extend (unless
otherwise stipulated in the contract) for 100 meters upstream and downstream
from the road or the relevant bridge or drainage structure.
• for all paved side roads the Contractor’s responsibilities extend (unless otherwise
stipulated in the contract) for maximum of 60 meters.
Service Roads running in parallel to the road are included in the contract and the
details to be mentioned in the asset details and service levels mentioned in this
section.

5. The Start Date shall be within 15 days after the date of issue of the Notice
to proceed [Cl.1.1 of GCC]
6. (a) The name and identification number of the Contract is
The Works consist of PBMC O&M work of 4 Laning of Simga-Sargaon (PKG - II) of NH-
200 section from Km 48+580 to Km 91+026 and Sargaon- Bilaspur (PKG - III) of
NH-200 section from Km 91+026 to Km 126.525 section of Raipur-Bilaspur in the
State of Chhattisgarh.(PBMC) [Cl. 1.1 of ITB]
7. (a) The law which applies to the Contract is the law of Union of India.
[CI.3.1 of GCC]
8. The limit of subcontracting is NIL of initial contract price [CI.7.1 of GCC]
9. Schedule of other Contractor- ………. [Cl.8.1 of GCC]
10. The Technical Personnel are ………. [Cl. 9.1 of GCC & Cl. 1.3]

S. No. Personnel Qualification Particular Experience No. of

(minimum Persons
requirement)
1. Project Manager Degree in Civil 8 years as Project 1
Engineering Manager on Highway,
Bridge construction/
Maintenance works
2. Site Engineer-cum- Degree in Civil 4 years on Highway 1
Surveyor Engineer- Engineering Construction/
cum- Material Maintenance works
Engineer
3. Incident cum Road Graduate from a 3 years on Highway 1
Property Manager recognized Property Management
-cum-Route University and Maintenance
Operation Manager
4 Road Safety Auditor Road Safety Auditor 5 years experience 3 days in
Certificate from every 3
appropriate months
approved govt.
agency

11. Amount for insurance are: ………….. [Cl.13.1 of GCC]

a. For Loss/ Damages to Works and Materials – Amount equivalent to 60% of
Contract Price.
b. For Loss/ Damages to Equipment – Amount equivalent to 10% of Contract
Price.

c. For Loss/ Damages to Property in connection with Contract except Works/

Materials/ Equipment – Amount equivalent to 5% of Contract Price
d. For Third Party Liability Insurance – Amount equivalent to 5% of Contract
Price
e. For Automobile Liability Insurance - Amount equivalent to 5% of Contract
Price
f. For Workers‟ Compensation - Amount equivalent to 5% of Contract Price
g. For Employer’s Liability - Amount equivalent to 5% of Contract Price
h. For other Insurances - Amount equivalent to 5% of Contract Price
The said insurance shall include all liabilities as per Clause 13.1 and shall
be deductible as per premium rate.
12. Site Investigation Report – NIL [Cl 14.1 of GCC]
13. The period for submission of the programme for approval of Engineer shall
be 30 days from the issue of Letter of Commencement/ Approval of the design
by the Engineer (whichever is later) [Cl. 17.1 & Cl.25.1 of GCC]
14. Amount to be withheld for delays in submission of updated programme: 1% of
value of work corresponding to the updated programme. [Cl. 25.4 of GCC].
15. The period for setting up a field laboratory with the prescribed equipment
relevant to items of work in BOQ is 30 days from the date of notice to start
work [Cl. 30.1 of GCC]
16. The Defect Liability Period will be upto 30 days beyond the Contract expiry or
36 months from the date of Completion of work items whichever is later for
periodic renewal. [Cl. 31 of GCC]
Further, asset items such as sign boards, cat eyes, road studs, delineators, solar
blinkers, street lighting, metal beam crash barriers, median planation, ATMS
equipment etc. as inventoried after Initial Rectification/ Periodic Renewal
should be available on site in good condition. Further, all service levels should
be within acceptable criteria as per Annexure-E. Cost of Items missing or non-
serviceable before issuance of DLC shall be recovered as damages from the
contractor either through PBG or otherwise as deemed fit by the authority.
Rates for such recovery shall be as per BOQ attached in the financial proposal
(without tender discount) after application of price adjustment or latest SOR
whichever is available for that item.

17. Price Adjustment: Price Adjustment will be Applicable after 01 Year i.e.
Effective from 13th Month from the Start Date as per details below:
(i) Routine Maintenance cost to be adjusted in line with WPI where Non-
Adjustable Portion will be 0.15 (A) and Adjustable Portion will be 0.85 (B). The
Base WPI (All Commodities) is to be considered 28 days before the bid due date.
(ii) Periodical Maintenance and Emergent works cost to be adjusted for
Bitumen prices, Fuel prices to be considered as 0.40 & 0.12 coefficient
respectively and for other materials/ labour for a coefficient of 0.33 on WPI (All
Commodities) totaling to 0.85 (B) whereas, for Non-Adjustable Portion,
coefficient is to be 0.15 (A). The indices for bitumen and fuel are to be
considered as per the actual price of Bitumen from nearest Refinery and
Diesel from Indian Oil Corporation Ltd. [Cl. 39.4 of GCC]

18. LIQUIDATED DAMAGES for delay in Completion of Work items:

Calculation of Damages for delay in completion of Periodical Maintenance
Works/Emergency works/Initial Rectification works based on Individual
cost component as under:
a. Amount of liquidated damages for 0.1 (zero decimal one) percent of the
delay in completion of Initial value of Initial rectification and
rectification and Periodical Periodical Maintenance work to be
Maintenance work executed as per Maintenance Program,
rounded off to the nearest thousand,
per day with the minimum of Rs.
10000/- per day
b. Maximum limit of liquidated damages 10 per cent of the value of Initial
for delay in completion of Initial rectification and Periodical
rectification and Periodical Maintenance work rounded off to the
Maintenance work. nearest thousand
[Clause.43 of GCC]
c. Amount of liquidated damages for contractor fails to complete the
delay in completion of Emergency emergency work as directed by the
work Engineer within the prescribed time limit
then liquidated damages will be
0.1 (zero decimal one) percent of the
value of Emergency work per day ofdelay
subject to maximum 10% of the
value of emergency works

19. The standard form of Performance Security acceptable to the Employer shall
be an unconditional Bank Guarantee of the type as specified in the Bidding
Documents. [Cl. 45.1 of GCC]

20. The percentage to apply to the value of work not completed representing the
Employer’s additional cost for completing the work shall be 20 percent. The
Performance Security shall also be forfeited if the Contract is terminated because
of a fundamental breach of Contract by the Contractor. [Cl.52.1 of GCC]

21. The reasonable cost of removal of equipment and repatriation of the

Contractor’s personnel employed solely on the works in the event of terminationof
the contract at the Employer’s convenience or because of a fundamental breach
of contract by the Employer is to be treated as assessed by the Engineer but in no
case more than 1% of the Contract price. [Cl. 52.2 of GCC]
 SECTION – 6
ADDENDUM TO GENERAL
CONDITIONS OF CONTRACT

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORKS.
a) Workmen Compensation Act, 1923: The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act; 1972: Gratuity is payable to an employee under the Act
on satisfaction of certain conditions if an employee has completed the prescribed
minimum years (five years) of service or more or on death the rate of prescribed
minimum days‟ (15 days) wages for every completed year of service. The Act is
applicable to all establishments employing the prescribed minimum number (10) or
more employees.
c) Employee’s P.F. and Miscellaneous Provision Act 1952: The Act provides for
monthly contributions by the Employer plus workers at the prescribed rate (10
percent or 8.33 percent). The benefits payable under the Act are:
i) Pension or family pension on retirement or death as the case
may be.
ii) Deposit linked insurance on the death in harness of theworker.
iii) Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act, 1961: The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act, 1970: The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case
the Contractor fails to provide, the same are required to be provided, by the Principal
Employer by Law. The principal Employer is required to take Certificate of
Registration and the Contractor is required to take license from the designated
Officer. The Act is applicable to the establishments or Contractor of Principal
Employer if they employ minimum prescribed (20 or more) numbers of contract
labour.
f) Minimum Wages Act, 1948: The Employer is to pay not less than the Minimum Wages
fixed by appropriate Government as per provisions of the Act if the employment is a
scheduled employment. Construction of buildings, roads, runways are scheduled
employment.
g) Payment of Wages Act, 1936: It lays down as to by what date the wages are to
be paid, when it will be paid and what deductions can be made from the wages of
workers.
h) Equal Remuneration Act, 1979: The Act provides for payment of equal wages for
work of equal nature to male and female workers and for not making discrimination
against female employees in the matters of transfers, training and promotions etc.
i) Payment of bonus Act, 1965: The Act is applicable to all establishments employing
minimum prescribed (say, 20 or more) number of workmen. The Act provides for
payments of annual bonus within the prescribed range of percentage of wages
to employees drawing up to the prescribed amount of wages, calculated in the
prescribed manner. The Act does not apply to certain establishments. The newly
 set- up establishments are exempted for five years in certain circumstances. States
may have different number of employment size.
j) Industrial Disputes Act, 1947: The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a strike or lock-out becomes
illegal and what are the requirements for laying off or retrenching the employees
or closing down the establishment.
k) Industrial Employment (Standing Orders) Act, 1946: It is applicable to all
establishments employing minimum prescribed number of persons (say, 100, or 50).
The Act provides for laying down rules governing the conditions of employment by
the Employer on matters provided in the Act and get these certified by the
designated Authority.
l) Trade unions Act, 1926: The Act lays down the procedure for registration of trade
unions of workmen and employees. The Trade Unions registered under the Act have
been given certain immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act, 1986: The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides
for regulations of employment of children in all other occupations and processes.
Employment of child labour is prohibited in building and construction industry.
n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of
Service) Act, 1979: The Act is applicable to an establishment which employs
minimum prescribed number of labour (say, five or more) inter-state migrant
workmen through an intermediary (who has recruited workmen in one state for
employment in an establishment situated in another state). The Inter-State migrant
workmen, in an establishment to which this Act becomes applicable, are required to
be provided certain facilities such as Housing, Medical-Aid, Travelling expenses from
home up to the establishment and back etc.
o) The building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 and the Cess Act of 1996: All the establishments
who carry on any building or other construction work and employ the minimum
prescribed (say, 10 or more) number of workers are covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2 percent of the
cost of construction as may be notified by the Government. As per current
notification, one percent of the cost of construction is payable by the Employer of
the establishment. The Employer of the establishment is required to provide safety
measures at the building or construction work and other welfare measures, such as
canteens, first-aid facilities, ambulance, housing accommodations for workers near
to the work place etc. The Employer to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the Government.
p) Factories Act, 1948: The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working
hours, annual earned leave and rendering information regarding accidents or
dangerous occurrences to designated authorities. It is applicable to premises
employing the minimum prescribed number of persons (say, 10 persons or more) with
aid of power or another minimum prescribed number of persons (say, 20 or more
persons) without the aid of power engaged in manufacturing process.
 SECTION – 7

ROAD MAINTENANCE STANDARDS

AND SPECIFICATIONS FOR ROAD
MAINTENANCE WORKS,
PART-I AND PART-II

PREAMBLE

The Road Maintenance Standards and Specifications shall be read in conjunction with
all other documents constituting the Contract viz. Notice Inviting Tender,Instructions
to Bidders; Conditions of Contract, Bill of Quantities and other related documents
mentioned in the Bid Documents.

General
The Standards and Specifications for the Road Maintenance Works and Activities as
described hereinafter shall comprise of the following:
PART-I : Road Maintenance Standards and Performance Measures
PART-II : Specifications for Road Maintenance Works and Operational Procedures
Carbon foot prints shall be evaluated during the execution of project. If approved by
the Employer, the environment friendly machinery like Infrared Recycling Road
Maintenance as approved by CRRI/IRC/MoRTH shall be got deployed.
 PART-I

ROAD MAINTENANCE STANDARDS

AND PERFORMANCE MEASURES

1. Performance Measures and Indicators

The Contact assignment needs to meet the strategic objectives of the Employer. To
ensure this is achieved, The Contract include two classes of performance measures,
namely Operational Performance Measures (OPM’s) and Management Performance
Measures (MPM’s):

• Operational Performance Measures relate directly to the quality of the road and
therefore to the results of the Contractor’s maintenance activities. The required
minimum acceptable road conditions and Service Levels are defined through the OPM‟s,
and these are used to define and measure the compliance of the Contractor with the
specified requirements. The defined Operational Performance Measures and indicators
are thus the accepted minimum thresholds for the quality levels of the roads for which
the Contractor is responsible.

• Management Performance Measures describe contractual requirements that are not

directly related to road conditions and performance. Most MPM‟s relate to information
that the Contractor needs to deliver to the Employer, so that the Employer can control
certain aspects of the contract and the road asset, to operate its Road Asset
Management System – RAMS (if such a system exists) and to facilitate thepreparation of
the next contracts for the roads. The contract also defines MPM requirements to include
activities such as: (i) delivery of various types of reports to the Employer; (ii) inventory
updates and other data sharing requirements; and, (iii) maintenance history (so
subsequent tenderers can price the work).

The OPMs cover essential aspects of the roads and take account of the fact that different
roads within the contract area might require different Service Levels. Each contract will
be unique as the OPMs reflect the Employer’s strategic goals for the specific roads
covered by the contract.
For paved roads, OPM criteria refer mostly to Road User Service and Comfort measures,
which can be expressed in terms such as:
• Road Roughness
• Road and lane width
• Rutting
• Vegetation control
• Cleanliness of the road and its Right-of-way
• Visibility of road signs and markings
• Availability of traffic lanes for vehicle traffic
• Response times to rectify defects
• Maintenance of other Road assets including utility / ATMS services
required for proper operation of Traffic management and Road Safety

2. Services under this Contract

Under this contract, the Contractor would be responsible to provide maintenance service,
periodical maintenance, and execute work orders for emergency works. Maintenance
Service would have two parts the first one Routine Maintenance Services which would be
paid in the form of the amount of the monthly lump-sum payment asper the rate
quoted by the bidder according to the conditions of contract; second part
of maintenance service include Initial Rectification Works, which would mainly be paid
in the form of a lump-sum amount while indicating the quantities of measurable
outputs (completed per km length) to be executed in order that the road achieves the
performance standards;

Periodic Maintenance Works, for specified section would be paid in the form of lump-
sum rate/ amount per km completed length that will be measured and paid in accordance
with the progress in the execution of those measured outputs (completed per km length).
Periodic Maintenance works also includes Road Markings, provision of reflective Road
Studs, Gravel filling to match the Shoulder level with carriageway after laying renewal
coat, which will be paid on measured inputs basis.

Unit prices are provided for Emergency Works in the form of a Schedule of Prices.
Payments will be made for each Emergency on a case-to-case basis, on actual execution
and value determined by the Contractor and approved by the Engineer/ Employer on
the basis of the quantities executed.

2.1. Maintenance Services

Maintenance Services consist of all interventions on the Roads and their right-
of-way that are to be carried out on a regular or occasional basis by the
Contractor in order to attain and maintain the defined Service Levels for the
roads included in the contract. They also include numerous required and
necessary activities related to the management and patrolling of the roads
included in the Contract, throughout the entire contract duration.

Routine Maintenance services include (but are not limited to) the following:
• Repairing road defects (such as potholes, rutting, ravelling, cracking in
pavement, edge break, etc.);

• Maintenance of shoulders, verge, intersections, junctions with other roads,

roundabouts, overpasses and other road surface areas;

• Repair works in embankment and cut slopes;

• Removing the landslides / boulders from the road section and keeping the
road lane clean for traffic flow

• Drainage system cleaning, maintenance, and repairs;

• Maintenance of bridges and other structures (such as retaining walls, culverts,

etc.);

• Road cleaning and removal of trash and debris;

• Vegetation control (cutting vegetation);

• Maintenance of existing vegetation, such as trees (if required);

• Cleaning and maintenance of road signs and road markings, including their
replacement needed due to wear and tear, minor damages, etc.;

• Maintaining traffic flows and road safety during Works carried out on the
roads;

• Regular patrolling of the roads in line with the requirements;

• Establishing and operating the Contractor’s Self-Control Unit;

• Road condition data collection and monthly reporting;

• Other types of reporting as required by the Contract;

• Providing assistance to road users in emergency situations resulting fromtraffic

accidents or incidents, extreme weather events, natural disaster, etc.
2.1.1. Routine Maintenance (RM) Services
The Contractor shall maintain each asset item to the specified Intervention Criteria
and service levels as part of the Contract Lump Sum for the criteria.
• Main carriageway/ Roadway along with Service/ Slip Road – including Pavement
crust, Embankment, Shoulder, Kerb, Median, Drainage, Footpath, Separator

• Road Furniture – Barriers, Guard Rails, Anti glares, Road studs, Rumble strips,
Signboards, Traffic blinkers, Pavement marking, Noise Barriers, Object Markers,
Attenuators, Delineators

• Structures – Wearing coat and Expansion joint, deck slab, beams/girders of

super structure, bearings, substructures, foundation, protection works,
retaining wall, culverts

• Project Facilities – Bus bays, Truck Lay Byes, Toilet Blocks, Highway lighting

• Miscellaneous Assets – O&M Centre, Material testing laboratory

• Emergency Response System – Ambulance, Route Patrol Vehicle & Crane

• Work zone safety

• Encroachment

• Overall Cleanliness including use of mechanical equipment's, project cleanliness

and innovative technologies

• Advance Traffic Management Systems (ATMS)

The Contractor is deemed to have carried out preliminary surveys of the relevant
Roads prior to bidding in order to evaluate all Routine Maintenance (RM) related
obligations and to assess the annual Lump Sum cost of RM.

The Routine Maintenance (RM) shall be carried out on all Roads covered by the
Contract to the specified service quality levels for a contract period, including:
• The provision of management services as required for the duration of the
Contract,

• Undertaking regular condition surveys and testing; NSV, FWD, Road

Reflectometer etc., at periodicity as defined in Annexure-E and uploading the
Test Reports on Data Lake Portal on NHAI website (or any other portal specified
by the Employer) including regular monitoring and reporting of the condition of
all Roads under the Contract. NSV survey has to be mandatorilybe done by
the contractor at every 6 months periodicity.

• Undertaking inspections at the frequencies required (as a minimum) and

identifying defects and carrying out maintenance works,
 • Establishing programs for Routine Maintenance based on meeting required
intervention standards,

• Scheduling maintenance work to meet the required maintenance standards.

• Providing effective traffic management for all works undertaken to ensure

public safety and the safety of the Contractor’s workforce,

• Maintaining records of all work undertaken,

• Provide a Quality Plan for the Engineer’s approval within 8 weeks of the Start
Date and implement all quality management requirements.

• Specifications of service level to be maintained for intervention, the method

of measurement and the maximum response time for each activity is explained
in detail in Clause 3 of Operation Performance Measures (OPM‟s).
2.1.2 Provisions for Pre/Post/On-going Monsoon as part of Routine Maintenance:

As part of Routine Maintenance the Contractor has to ensure that requisite inspections
and preventive actions as per the following:
(i) Ministry’s Circular no. No. PL-67(29)/76-NH-VI dated 28.06.1979,
NHIII/P/13/79 dated 08.08.1979 dt. 07.08.1980, 04.08.1981 and
RW/N.17/KNT/32/w dt. 25.04.1982.
(ii) Ministry’s Circular no. No. RW-33044/10/2000-S&R (R) dated 12.06.2022 NH-
18014/7/2000-Pl dated 05.07.2002, RW/NH-33044/10/2002/S&R(R) dated
22.01.2003 and RW/NH-33044/10/2000-S&R (R) dated 13.01.2003
(iii) RW/NH-33044/10/2002-S&R (R) dated 31.01.2003 and RW/NH-34059/2/2001-
S&R (B) dated 31.01.2003.
(iv) Ministry’s Circular no. No. RW/NH-12037/39/2019-Misc/Z-III dated
23.07.2019.
(v) IRC Codes (SP-113-2018 on Flood Disaster Mitigation, 34-2011 on road
construction in areas affected by water logging, flooding etc., IRC:SP:35:1990
Guidelines for Inspection and Maintenance of Bridges.)
Any failure by the contractor to comply with the above, after intimation in this regard
by the Engineer, shall lead to deduction of 50% of the total RM payment payable that
month apart from other deductions as per non-compliance of service levels given in
Annexure-E.

Copy of all the circulars are attached with the Contract document.
2.2 Initial Rectification works
Initial Rectification Works are those activities that are beyond Routine Maintenance
Activities, but not defined for Periodic Maintenance Works that are needed at the initial
stage of the Contract to bring the road in the service level as defined in the contract.

The Contractor shall engage such additional resources necessary to complete the
specified Initial Rectification Works. The Contractor shall not utilize resources specified
in this Contract as being committed to Routine Maintenance activities

The Contractor is to make an estimate of the Initial Rectification Works which in his
view are necessary interventions to bring the roads at par with the service level to be
met within the 6 month Milestone, and include the cost for those works in the item for
Initial Rectification Works in his bid. It also includes other works needed to bring roads
up to the required service levels, which are beyond the scope of Routine Maintenance
at the commencement of the project, but which are not included in the items of Initial
Rectification and Periodic Maintenance Works, shall be included by the bidders in the
lump sum price for IR Services. Contractors are solely responsible for estimating the type
and quantity of Initial Rectification Works needed to meet the requirements of the
contract.

In the initial stage, for the contractor to meet the service level compliance it will be
necessary for the Contractor to undertake Initial Rectification Works for the repair of
surface defects (ravelling, stripping, de-laminations, rejuvenation of oxidized surface,
fine hair cracking repair, etc.) in bitumen roads:
• All Pavement repairs using BC, DBM to correct large areas of Roughness,
Rutting, Depressions

• Application of Tack Coat for Pavement repairs.

• Repair minor dig Outs and Failed pavement sections,

• Apply 7mm Light Surface Sealing for slurry seal to correct cracks > 5mm,

• Applying 5mm Slurry Seal for cracks <5mm

• Supply & spreading of granular material for Unsealed shoulder repairs to

correct edge drop off to carry roadside repairs,

• Clearing and Grubbing

• Remove Land Slips/Debris/Unsuitable soil.

• Edge repairs to correct edge breaks,

• Providing and constructing Coping, Plastering, Pointing, Apron, Masonry,

Grouted Revetment and White washing for CD and structural works

• Application of road marking paints, fixing of road studs, sign boards, Kilometre
stone, hectometre stone and boundary / guard/ Guide stone.

For Rigid Pavements this will include, e.g. repair of cracks, spalls, joint sealed effects
corner racks, levelling, potholes, polished surface, faulting in cracks and joints, heal
and bump, blow up or buckling, drop off, pumping and ponding, etc.

The Initial Rectification Works indicated above may not be interpreted to be

comprehensive and sufficient in order to assure compliance with any of the Service
Levels required by the contract.

The following estimated quantities for Initial Rectification Works is the Employers
estimate to be able to achieve the desired Service Level for the entire road and has been
provided as a Guide to assist the Contractor in determining his Lump Sum for Initial
Rectification Works. Work locations have not been defined and the works to absorb the
quantities below will need to be assessed by the Contractor himself, be programmed
and completed within 6 months of start date.
Sl.
Description Quantity Unit
No.

Providing Tack coat with Bituminous Emulsion –

1 Refer BOQ Sqm
MoRTH Specification No.503

Dense Bituminous Macadam to carry pavement Refer BOQ

2 cum
repairs – MoRTH Specification No.505

Bituminous Concrete to carry pavement repairs – Refer BOQ

3 cum
MoRTH Specification No.507

Repair of Minor Digouts and failed Sections – MoRTH Refer BOQ

4 Sqm
Specification 406, 503, 505,507 &305

Light surface sealing size 7mm bitumen emulsion Refer BOQ

5 seal applied to surface treatment – MoRTH Sqm
Specification No.513

Slurry seal to seal cracks, fill voids and minor Refer BOQ
6 depressions for thickness <5mm – MoRTH Sqm
Specification No.512

Gravel material for roadside repairs – MoRTH Refer BOQ

7 cum
Specification No.408

Refer BOQ
8 Clearing Light Jungle Sqm

Removal of land slip material/debries/unsuitable soil Refer BOQ

9 cum
and disposal at approved spoil sites up to 500 m

Edge Repair - MoRTH specification 503,501,505 and Refer BOQ

10 RM
408

Coping for Random Rubble/ Coarse Rubble Stone/ Refer BOQ

11 Retaing Walls 30mm thick with Cement Mortar(1:3) – Sqm
MoRTH specification 1300 and 1400

Pointing with Cement Mortar (1:4) – MoRTH Refer BOQ

12 Sqm
specification 1300 and 2200

Providing Random Rubble Masonry – MoRTH Refer BOQ

13 cum
Specification No.1400 & 2200
Providing Grouted Revetment with rough stone (HBG) Refer BOQ
14 cum
– MoRTH Specification No.2504

White Washing two coats to Cross Refer BOQ

15 Sqm
Drainage/Trees/Walls/Structures

Thermoplastic road marking – MoRTH Specification Refer BOQ

16 Sqm
No.803
Sl.
Description Quantity Unit
No.

17 Fixing Road Studs – MoRTH Specification 804 Refer BOQ No

Sign boards – MoRTH Specification No.801

a) Circular (60 cm dia) Refer BOQ No

18
b) Triangle (60 cm x 60 cm x 60 cm) Refer BOQ No

c) Rectangular (60 cm x 45 cm) Refer BOQ No

Fixing new Kilometre (KM) stone – MoRTH Refer BOQ

19 No
Specification No.805

Fixing new Hectometre (HM) stone – MoRTH Refer BOQ

20 No
Specification No.805

Fixing new Guard /Guide/Boundary pillar – MoRTH Refer BOQ

21 No
Specification No.807

22 Others Refer BOQ

*Add more rows as per additional items to be

included.

For Rigid Pavement the following BOQ items may be considered

additionally:

S No. Description Quantity Unit

1. Repair of Joint Grooves with Epoxy Mortar or Epoxy Refer BOQ Rm

Concrete – MoRTH Specification No. 3005.1
2. Repair Involving Removal of Old Joint Sealant and Refer BOQ Rm
Sealing with Fresh Sealant in Cement Concrete
Pavements– MoRTH Specification No. 3005.2
3. Repair of localized failed areas of PQC by marking the Refer BOQ Sqm
area, removing the failed area using jack hammer,
saw cutting to full depth of PQC, replacing membrane,
clearing the area from dust and debris. Placing M-40
grade PQC in a depth equivalent to the existing depth
of PQC and installing existing expansion joint/other
joint (if there was one).
4. Repair of transverse joints of cement concrete Refer BOQ Rm
pavement involving removal of old joint sealant and
sealing with fresh sealant (Poly sulphide) including
repair of spalled/broken edges of joints with Epoxy
mortar complete as per Clause no. 3005 of Technical
 Specifications.

5. Full depth repair of PQC slab by removing the entire Refer BOQ
slab and DLC and underneath layers if required. Placing
separation membrane, dowel bars 32 mm dia X 500 mm
long and tie bars 16 mm dia X 750 mm long, placing DLC
if removed and PQC M-40 grade complete as per the
provision of IRC:15 and as per directions of Engineer-in-
Charge

6. Sealing of crack/porous concrete with Epoxy grout by Refer BOQ Sqm

injection through nipples complete as per Clause 2803
of Technical Specifications and as per approval of the
Engineer.

7. Applying Epoxy mortar over leached honey combed Refer BOQ

and spalled concrete surface and exposed steel
reinforcement complete as per TechnicalSpecifications
Clause 2804 and as per approval of the Engineer.

8. Full depth repair as per specifications and standards Refer BOQ Sqm
defined in IRC SP:83-2018

9. Diamond Grooving as per specifications and standards Refer BOQ Sqm

defined in IRC SP:83-2018

10. Diamond Grinding (Cutting) as per specifications and Refer BOQ Sqm
standards defined in IRC SP:83-2018
11. Dowel Bar Retrofit as per specifications and standards Refer BOQ No.s
defined in IRC SP:83-2018

12. Cross- Stitching as per specifications and standards Refer BOQ Rm

defined in IRC SP:83-2018

13. Stapling as per specifications and standards defined in Refer BOQ Rm

IRC SP:83-2018

*Add more rows as per additional items to be included.

Note: These above-mentioned quantities are indicative as determined by the

Employer and should not be interpreted as the contractual requirement for these
activities. The contractor will need to assess the current road conditions and
determine what works are needed to meet the intervention criteria service levels,
however for avoidance of any doubt, contractor has to execute the above minimum
work under IR.

All works and materials are to be in accordance with the relevant sections as defined
in Section 7, Part II of this Technical specification

There is no individual Performance Criteria and Service level requirement for Initial
Rectification Works. The Initial Rectification Works is for the purpose of assisting the
Contractor to bring the road below the intervention standard within 6 (six) months of
the start date. Failure to bring the road below intervention standard by the stated
time period will result in Payment Reductions in the Routine Maintenance Lump Sum
after the Initial Rectification Works completion date. On completion of the Initial
Rectification Works the Contractor is to maintain the road under Routine Maintenance.

Payment for the Initial Rectification works shall be made as details in Bill of
Quantities Chapter section 9.

2.2.1 Contractor shall carry out the monthly geotagged videography of the
entire stretch in the first week of month and prepare a comparative video
with the previous month.

2.3. Periodic Maintenance (PM) Works

Periodic Maintenance works are the pavement resurfacing activities that are
beyond Routine Maintenance Activities. Entire Project Section, if specifically mentioned
by Employer to be covered under Periodic Maintenance under this contract, shall be
provided with a renewal coat within the timeline specified by the Engineer/ Employer
but in any case, before completion of 02 Years from the start date of the work unless
otherwise decided by the Employer. However, in case the roughness of the road is within
the specified service level, the PM works can be deferred to be completed before expiry
of fourth year from start date. Such deferment shall be approved by Engineer only after
analyzing the latest NSV survey report. The Defect Liability Period (DLP) for such works
will be for the remaining Contract Duration or 36 months from the date of completion
of such work items whichever is later. In case of failure of Contractor to execute Periodic
Maintenance work items within two/four years (as the case may be) from the start date
of Contract, Liquidated damages shall be paid by the Contractor. If Contractor fails to
complete the PM works even beyond
100 days after 2/4 years of start of work, then Employer will initiate action for
termination of contract by giving suitable cure period notice and work shall be executed
at the risk and cost of the contractor through third party.

The periodic maintenance activities have to be carried out in order to restore the project
condition to meet all the relevant standards. The Contractor is to make an estimate of
the Periodic Maintenance Work quantities including camber/profile corrections, which
in his view are necessary to bring the roads to the required service level (Roughness
Index) and include the cost for those works in the item for Periodic Maintenance Works.
The Contractor would need to plan the periodic maintenance to ensure that at the time
of handover the remaining life of the road sections are meeting the requirements
mentioned in this contract. Prior to commencement of an overlay, the Contractor is to
notify the Engineer of the impending commencement of the Works for inspection in
accordance with the General Conditions.

If it is felt that IR works is not sufficient to being the road to the service level
condition with due satisfaction of the Engineer and employer, then PM works may be
carried out within the 6 months period also with prior approval of the Engineer. Such
decisions must be supported with NSV data or FWD data.

As a guide to assist the Contractor in his bid, the following is the Employer’s estimate
of the Periodic Maintenance works:
Sr.
Description Quantity Unit
NO.

1 Providing Tack coat with Bituminous Emulsion - Refer BOQ Sqm

Sr.
Description Quantity Unit
NO.

MoRTH Specification No.503

Bituminous Concrete to provide pavement renewal

coat with a minimum thickness of 30 mm including
2 Refer BOQ Cum
camber/ profile correction - MoRTH Specification
No.507
3 Thermoplastic road marking - MoRTH Specification Refer BOQ Sqm
No. 803
4 Fixing road signs /studs - MoRTH Specification 804 Refer BOQ Nos.

5 Earth / Gravel material on shoulders- MoRTH Refer BOQ Cum

Specification No. 408

6 Wearing coat of deck slab if required Refer BOQ Cum

7 Painting of Kerbs, parapet walls / Crash barriers Refer BOQ Sqm

etc.

8 Repairing / fixing new expansion joints , bearings Refer BOQ No.s

etc., if required

*Add more rows as per additional items to be

included.

For Rigid Pavement the following tentative BOQ may be used:

Sr.
Description Quantity Unit
NO.

Fully bonded overlay as per clause 11.6.4 & clause

1 Refer BOQ Cum
11.6.5 of IRC SP:83, 2018

Refer BOQ
Partially bonded overlay as per clause 11.6.2 &
2 Cum
clause 11.6.5 of IRC SP:83, 2018

3 Thermoplastic road marking - MoRTH Specification Refer BOQ Sqm

No. 803
4 Fixing road signs / studs - MoRTH Specification 804 Refer BOQ Nos.

5 Earth / Gravel material - MoRTH Specification No. Refer BOQ Cum

408
6 Wearing coat of deck slab if required Refer BOQ Sqm

7 Painting of Kerbs, parapet walls / Crash barriers Refer BOQ Sqm

etc.
 Sr.
Description Quantity Unit
NO.

8 Repairing / fixing new expansion joints , bearings Refer BOQ No.s

etc., if required

*Add more rows as per additional items to be

included.

Note 1: These above-mentioned quantities are indicative as determined by the

Employer and should not be interpreted as the contractual requirement for these
activities. The contractor will need to assess the current road conditions and
determine what works are needed to meet the intervention criteria service levels,
however for avoidance of any doubt, contractor has to execute the above minimum
work under PM.
Note 2: In case of rigid pavement, an overlay may be considered either partially
bonded overlay or fully bonded overlay subject to fulfilment of overlays requirement
as per para 11.6 of IRC: SP:83-2018.

The performance Criteria for Periodic Maintenance shall meet all the requirements of
a newly laid pavement in respect of user comfort and quality of pavement andshoulders
as per relevant MoRTH specifications.

The Roughness is to be measured at the beginning of the Contract as part of the Initial
Road Condition Report to confirm the sections that do not meet this Service Level
criteria.
On completion of each milestone, the roughness shall be taken as part of the Milestone
Report.

If the measurement reveals that the road roughness is above the Service Level, the
Engineer will establish a time frame for the Contractor to complete periodic
maintenance works. That time frame should normally ensure that the corresponding
works are completed within four months. The Engineer may however grant a longer
period if, in the opinion of the Engineer, the circumstances warrant such longer
period. Upon completion of the non-conforming section the relevant section roughness
shall be measured again to confirm compliance. Liquidated Damages shall apply after
the granted date until the non-conformance has been corrected.

Payment for the Periodic Maintenance works shall be made as per the details given
in the Bill of quantities Chapter section 9.

2.3.1 Authority’s right to take remedial measures for non-execution of

scheduled works: In the event the Contractor does not maintain and/or repair the
Project Highway or any part thereof in conformity with the Major Maintenance
Requirements as per the Maintenance Programme, and fails to commence remedial
works within 15 (fifteen) days of cure period notice in this behalf from the Authority
or the 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 risk and 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. For the avoidance of doubt, the right of the Authority
 under this Clause 2.3.1 shall be without prejudice to its rights and remedies provided
under Clause 2.3.

2.3.2 In the event of non –payment by Contractor of such delinquent amountforthwith

and in any case within seven days of issue of written notice by Authority, the Authority
shall have the right and the Contractor hereby expressly grants to the Authority the right
to recover the costs and Damages a s specified in Contract Data sheet directly from
the Performance Bank Guarantee, and for that purpose, the Contractor hereby agrees
to give irrevocable instructions to the Banker of the issuance of PBG to make payment
from the Performance Bank Guarantee in accordance with the instructions of the
Authority under this Clause 2.3.2.

2.4. Emergency Works

The total contract amount will include provisional quantities of Emergency Works during
the contract period, in accordance with the bidding data provided that such Emergency
Works are not covered/ included in the Insurance Cover. The actual payments for
Emergency Work will be based on the tendered rates. In case additional work items/
material/ Labor/ Equipment/ are required, during currency of Contract over and above
the stipulated quantities shall be required, same will be payable under variation at
applicable SOR adjusted for plus/ minus quoted and accepted percentage by the Bidder
or as decided by the Engineer based on market rates in case such rates cannot be derived
from the tendered rates or applicable SOR.

3. Maintenance Standards for performance-based items

The Contractor’s performance requirements for Maintenance Services are defined and
measured according to (i) Operational Performance Measures (OPM‟s) and (ii)
Management Performance Measures (MPM‟s), as set out below.

3.1 Operational Performance Measures (OPM’s)

OPM‟s are a set of performance criteria listed below which relate to the physical
condition of roads and allow to evaluate the Contractor’s compliance with Service Level
requirements. OPM‟s are to be monitored continuously and measured monthly by the
Contractor as well as Engineer, as defined in the Operational Procedures. Results will
be expressed and reported as either being “in compliance”, or otherwise as “notin
compliance” until the non-compliance has been remedied by the Contractor.
The OPM‟s that are applied under the contract are the following:
1. OPM-1 Main carriageway along with Service & Slip Road including Pavement
crust, Embankment, Shoulder, Kerb, Median & Plantation, Drainage,
Footpath, Separator
2. OPM-2 Road Furniture including Barriers, Guard Rails, Road Signboards &
Overhead Sign Structures, Traffic blinkers, Attenuators, Anti-Glare,
Delineators, Noise Barriers, Object Markers, Road Studs & Rumble Strips,
and Pavement Marking.
3. OPM-3 Structures including wearing coat and expansion joint, deck slab, beam/
girders of super structure, bearings, substructures, foundation,
protection works, retaining walls, culverts.
4. OPM-4 Project facilities including bus bays, truck lay byes, toilet blocks,
highway lighting.
5. OPM-5 Miscellaneous Assets including O&M Centre, Material testing laboratory.
6. OPM-6 Emergency Response System including Ambulance, Route Patrol Vehicle
 & Crane Services
7. OPM-7 Work Zone Safety
8. OPM-8 Encroachments
9. OPM-9Overall Cleanliness including use of mechanical equipment's, project
cleanliness and innovative technologies
10. OPM-10 Advance Traffic Management Systems (ATMS)

3.1.1 OPM-1: Main carriageway Roadway along with Service/ Slip Road The
Contractor must ensure that the Main carriageway Roadway along with
Service/ Slip Road is in good condition. The items included in OPM-1 includes
the following:

Sl. Item for Flexible Pavement Service Quality/ Measurement/

No. Detection/ Intervention on
Criteria/Time Limit for
Rectification
(a) Potholes/ Patches As per Annexure- E
(b) Cracking in pavement

(c) Rutting
(d) Bleeding/
Ravelling/ Stripping

(e) Corrugations and Shoving

Edge Deformation/ Breaking
(f)
(g) Embankment
(h) Shoulder
(i) Median
(j) Kerb
(k) Drainage
(l) Foot path
(m) Separator
Sl. Item for Rigid Pavement Service Quality/ Measurement/
No. Detection/ Intervention on
Criteria/Time Limit for
Rectification
(a) Cracks As per Annexure- E
(b) Spalls
(c) Corner Breaks
(d) Pot out and Potholes
(e) Faulting in cracks or joints

Joint Seal defects

(f)
(g) Ravelling/Honey combed surface type
and scaling
(h) Polished Surface/Glazing
(i) Heave & Bump
(j) Depression
(k) Drop Off
(l) Blow up or buckling
(m) Ponding
(n) Pumping
(o) Embankment
(p) Shoulder
(q) Median
(r) Kerb
(s) Drainage
(t) Foot path

3.1.2. OPM-2: Road Furniture

Service quality, measurement, response time and intervention criteria for
the items in road furniture are summarised below:
Service Quality/
Measurement/
Sl. Detection/
No. Item Intervention on
Criteria/Time Limit for
Rectification
Sign boards including information, warning
and mandatory boards median, bridge parapet
(a)
walls/ railings, crash barriers, delineators,
guard rails/posts and other road furniture
Pavement Marking including Centre-line, edge-
line, markings and other markings/paintings
(b) including those on median, bridge parapet
walls, crash barriers, guard rails/ posts, kerbs,
and other stretches
Road Studs/ cats eyes, traffic cones, flexible
lane dividers and other such road furniture on
(c) the road including that on median, bridge
parapet
walls etc. As per Annexure-E
 Object Markers Km stones, Hectometer stones
and boundary stones, guard stones, median
(d) kerbs etc. including painting &
printing
(g) Crash Barriers/Parapets on Hill Roads
(h) Guard Rails
(i) Antiglare Sheet
(j) Traffic Blinkers
(k) Noise Barriers
(l) Object Markers
(m) Attenuators
(n) Guard Post & Delineator

3.1.3. OPM-3: Structures

Service quality, measurement, response time and intervention criteria for
the items in structures are summarized below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention on
Criteria/Time Limit for Rectification
(a) Pipe/box/slab culverts As per Annexure-E
(b) Wearing Coat and Expansion
Joint
(c) Deck slab
(d) Beams/Girder of Super
Structure
(e) Substructure – Piers As per Annexure – E
(f) Substructure – Abutments
(g) Bearings
(h) Foundations – Raft
Foundation
(i) Foundation – Pile
Foundation
(j) Well foundation As per Annexure-E
(k) Protection Works
(i) Retaining wall/Reinforced
Earth Structures
(m) Any growth of vegetation
anywhere in the structure

3.1.4. OPM-4: Project Facilities

Service quality, measurement, response time and intervention criteria for
the items in project facilities are summarized below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention
on Criteria /Time Limit for Rectification
(a) Bus bays As per Annexure - E
(b) Truck Lay Byes
(c) Toilet Block/Rest Area
(d) Highway Lighting

3.1.5. OPM-5: Miscellaneous Assets

Service quality, measurement, response time and intervention criteria for
the items in miscellaneous assets are summarized below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention
on Criteria /Time Limit for Rectification
(a) O&M Centre Annexure - E

3.1.6. OPM-6: Emergency Response System

Service quality, measurement, response time and intervention criteria for
the items in Emergency Response System are summarized below:

Sl. Item Service Quality/

No. Measurement/ Detection/
Intervention on
Criteria/Time Limit for
 Rectification
(a) Ambulance Services As per Annexure-E
(b) Route Patrol
(c) Crane Services

3.1.7. OPM-7: Work Zone Safety

Service quality, measurement, response time and intervention criteria for
the items in work zone safety are summarized below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention
on Criteria /Time Limit for Rectification
(a) Work Zone Safety As per Annexure -E

3.1.8. OPM-8: Encroachment

Service quality, measurement, response time and intervention criteria for
the items in encroachment are summarized below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention
on Criteria /Time Limit for Rectification
(a) Encroachment As per Annexure -E

3.1.9. OPM-9: Overall Cleanliness including use of mechanical

equipment's, project cleanliness and innovative technologies
Service quality, measurement, response time and intervention criteria for
the items in Overall Cleanliness are summarized below:

Sl. Item Service Quality/ Measurement/ Detection/

No. Intervention on
Criteria/Time Limit for Rectification
As per Annexure-E
(a) Project Cleanliness

3.1.10. Highways Traffic Management Systems (HTMS)

Service quality, measurement, response time and intervention criteria for
the items in HTMS are summarized below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention
on Criteria /Time Limit for Rectification
(a) Highways Traffic As per Annexure -E
ManagementSystems (ATMS)
 Annexure –E
OPM-1
Defects in Flexible Pavement

Level of Frequency Tools/ Standards Time limit for Maintenance

Performance Service (LOS)of Equipment and Rectification Specifications
Asset Parameter on each sideInspection References / Repair
for each km for
Type
(LHS/RHS) Inspection
Accept able and Data
Analysis

Flexible Potholes Nil Daily Length IRC 82: 24-48 MORT

Pavement – Measurement 2015 and hours &H
Routine Unit like Scale,Distress Specification
Inspection Tape, visualIdentification 3004.2
(Pavement etc. Manual for
of MCW, Long Term
Service Pavement
Road, Cracking No crack Daily For isolated Performance 3 days for MORT
Approach of subject to limit of cracks more Program, cracks more &H
Grade 0.5 sqm for any than 3 mm FHWA 2003 than 3 mm Specification
structure, 50m length wide the wide 3004.3
approaches cracked area
of will be 14 days for
connecting measured as cracks less
roads, slip length of crack than 3 mm
roads, lay multiplied by 1 wide
byes etc. as m width
applicable)
For multiple
cracks less
than 3mm the
area of the
rectangle
enclosing the
cracked portion
plus 0.3 m on
all sides shall
be the area of
cracking
Rutting <5mm Daily Straight Edge 15 -30 MORT
(for any 12.5 m days &H
length of every Specification
km section) 3004.2

Corrugations 0.1% of area Daily Length 2-7 IRC:82- 2015

and Shoving Measurement days
Unit like Scale,
 Bleeding <1% of area Daily Tape, visual 3-7 MORT
etc. days &H
Specification
3004.4

Ravelling/ <1% of area Daily Length 7-15 IRC:82- 2015

Stripping Measurement days read with IRC
Unit like Scale, SP-81
Tape, visual
etc.

Edge Nil Daily 7- 15 IRC:82- 2015

Deformation/ days
Breaking

Flexible Network ASTM E950

Pavement Survey vehicle (98)
– (NSV) :2004 –
Programme with all its Standard
dInspection Rutting <5mm Bi- Annually module such Test Method 15-30 IRC:82- 2015
for measuring
(for any 12.5 m as Laser
Longitudinal days
length of every Profilometers, Profile of
km section)
Travelled
Transverse Surfaces
profile logger, with
Laser crack Acceleromete
measurement r Established
Pavement >2.1/70 system, Video Inertial 180 IRC:82- 2015/
rating based logging Profiling days ASTM D
on distress modules, high Reference 6433-
and ASTM
per IRC 82 / resolution 07
Annually E1656 -
Pavement Odometer etc. 94:2000-
Condition Standard
Index as per Guide for
ASTM 6433- Classification
07 of Automatic
Pavement
Condition
Other Nil Bi- Survey 2-7 IRC:82- 2015
Pavement Annually Equipment days
Distresses

Skid 50SN Bi- SCRIM IRC:82- 2015 180 BS:794 1-

Annually (Sideway force days 1:2006, IRC:82-
Coefficient 2015/ ASTM 274
Routine
Investigation
Machine or
equivalent)
British
Pendulum
Tester
 Deflection/ More than the Annually Falling Weight IRC 115: 180 IRC:11 5-2014
Remaining remaining Deflectometer 2014 days
Life contract duration

Defects in Level of service/ Frequency of Measurement/ Time limit for Rectification

Rigid Acceptance Criteria Inspection Detection rectification Standard*
PavementP for each km
erformance (LHS/RHS)
Parameter/
Defect
Cracks in Cracked area shall Daily For isolated cracks Cracks All cracks above
concrete not exceed one more than 3 mm between 0.2 0.2 mm width shall
Pavement percent of the area in wide, the cracked mm to 0.5 mm be sealed as per
any sub-section 200 area will be – one month rectification
m length. measured as Cracks measures given in
length of crack between 0.5 IRC Sp:83-2018
multiplied by 1 m mm to 3.0 mm Table 4.5
width. – 14 days
For multiple cracks Cracks more
the area of the than 3.0 mm- 7
rectangle days
enclosing the
cracked portion
plus 0.3 m on all
sides shall be the
area of cracking.
Spalls in Spalling should not weekly Measure with ruler Spalls of width All Spalls above 10
concrete exceed 100 mm width and measuring less than 20 mm width to be
Pavement and 10 mm depth, in tape mm shall be repairedas per
15% of aggregate repaired within rectification
length along: 56 days measures given in
(a) Transverse joint in Spalls of width IRC Sp:83-2018
a panel above 20 mm Table 4.5
(b) along longitudinal shall be
joint in a panel repaired within
28 days
Joint Seal Less than 25% of joint weekly Measure with Within 28 days All joint s hall be
defects length in a panel and measuring tape maintained in
no allowance for serviceable
water ingress and conditions.
trapping of To be repaired as
incompressible per rectification
measures given in
IRC Sp:83-2018
Table 4.5
Performance Level of service/ Frequency of Measurement/ Time limit for Rectification
Parameter/ Acceptance Criteria Inspection Detection rectification Standard*
Defect for each km
(LHS/RHS)
Corner Breaks Maximum 0.2 mm Weekly By visual Within 28 days No corner break to
and one corner break inspection and be allowed. To be
ruler repairedas per
rectification
measures given in
IRC Sp:83-2018
Table 4.5
Ravelling/ Not more than 2% of Weekly By Visual Within 56 days Minimum Ravelling/
Honey total surface area of Inspection Honey Combing
Combing type slab and depth of type surface and
surface and damage not more scaling to be
scaling than 5 mm should be allowed. To be
affected repaired as per
rectification
measures given in
IRC Sp:83-2018
Table 4.5
Polished Average texture Monthly Sand Patch Within 6 Textured depth
Surface/ depth not less than method in case of months more than 1 mm for
Grazing 0.3 mm for texturing brush texturingand brushed texturing
and not less than 1.5 154 Vernier and 1.5 mm for
mm for tining shall be Calliper method in timing to be
allowed case of tining maintained.
To be repaired as
per rectification
measures given in
IRC Sp:83-2018
Table 4.5
Pop-out and Pop-out diameter less Daily By visual counting Pop-out- within Pop-out less than
potholes than 50mm, Depth and ruler 28 days 25 mm depth and
less than 25 mm and Potholes-within more than 1
not more than 1 no. 3 days numbers per 5 m2
per 5 m2 of surface panel area not
area of slab. acceptable.
No pothole is No pothole is
allowed.
permissible
To be repaired as
per rectification
measures given in
IRC Sp:83-2018
Table 4.5
Faulting in Difference of level Weekly By ruler Within 8 weeks To be rectified as
cracks or between two surfaces per rectification
joints of slab across a joint measures given in
or across the IRC Sp:83-2018
crack/slab shall be Table 4.5
not more than 6 mm.
Heave and Vertical displacement Weekly By ruler and Within 12 Not to exceed 5mm.
Bump should not be more straight edge weeks To be rectified as
than 5 mm per rectification
measures given in
IRC Sp:83-2018
Table 4.5

Blow-up or Vertical displacement Daily By ruler and Within 3 days To be rectified as

buckling should not be more straight edge per rectification
than 10 mm measures given in
IRC Sp:83-2018
Table 4.5
Depression Negative vertical weekly By ruler and Within 4 weeks To be rectified as
displacement should straight edge per rectification
not be more than 10 measures given in
mm IRC Sp:83-2018
Table 4.5
Lane to Difference of not weekly By ruler, Within 12 To be rectified as
Shoulder more than 25 mm in measuring tape weeks per rectification
Drop-off 200 m aggregate and straight edge measures given in
length in 1 km IRC Sp:83-2018
Table 4.5
Pumping No tolerance allowed Daily By visual Same day To be rectified as
inspection per rectification
measures given in
IRC Sp:83-2018
Table 4.5
Ponding No tolerance allowed Daily By visual Same day To be rectified as
inspection per rectification
measures given in
IRC Sp:83-2018
Table 4.5

*Generally rectification of defects with degree of severity ranging from 0 to 3

(degree of severity as defined in Table 4.5 Of IRC SP: 83-2018 Table 4.5) are to be
considered under scope of routine maintenance to comply with Operational
Performance Measures (OPM’s)
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
Inspection

Slope of Nil Daily Length IRC 7-15 MORT&H

camber/ cross Measurement days Specification
fall Unit like
Scale, Tape,
Embankment Nil Daily odometer, IRC 7-15 MORT&H
Slopes etc. days Specification
Embankm
ent/ Slope

Embankment Nil Daily NA IRC 7-15 MORT&H

Protection days Specification

Rain Cuts/ Nil Daily NA IRC 7-15 MORT&H

Gullies in slope Specially days Specification
during Rainy
Season
Shoulder Edge drop at Nil Daily Length IRC 7-15 MORT&H
shoulders Measurement days Specification
Unit like
Scale, Tape,
odometer,
etc.
Cut Section/ Upon Noticing Daily NA IRC 2-7 MORT&H
Slope Specially days Specification
during Rainy
Season
Unevenness Upon Noticing Daily Measured IRC 2-7 Days MORT&H
on Shoulder with Ruler, Specification
with scale in
mm. Visual
Vegetation Upon Noticing Daily Inspection IRC 2-7 Days MORT&H
Growth shall be Specification
conducted to
determine the
Water Upon Noticing Daily condition. IRC 1 Days MORT&H
Stagnation Specially Specification
During Rainy
Seas on
Reduction in Upon Noticing Weekly Visual IRC 15-30 Days MORT&H
formation width Inspection Specification
by 20 cm – and manual
Formation measurement
width must be
maintained as
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
indicated in
typical cross
section
drawings
Kerb Kerb Height There should be no Bi- Annually Use of IRC Within 1 Month IRC 86:201
damaged or missing kerb distance 8/IRC: SP:99-
stones measuring 2013
tape
Kerb Painting Functionality: Functioning Daily Visual IRC Within IRC 35:2015/
of Kerb painting as Inspection 7- days IRC: SP: 99-
intended with video/ 2013
image backup
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
Median Cleanliness of As per Specifications Daily Visual IRC 2-7 Days IRC: SP:
Median Inspection 99-2013,
(removal of with video/ IRC: SP:
vegetation & image backup
21-2009
garbage,
trimming,
pruning and
making basin,
watering)
Availability of Maintenance of existing Daily Visual IRC Removal of IRC: SP
Safe Sight sight distance by proper Inspection obstruction :99-2013
Distance trimming of along with within 1 hour,
median/avenue plantation video/ image in case of sight
and ensuring no backup line affected by
obstruction on the temporary
carriageway objects such as
trees,
temporary
encroachment.
In case of
permanent
structure or
design
deficiency:
* Speed
Restriction
boards and
suitable
traffic calming
measures such
as transverse
bar marking,
blinkers, etc.
shall be
applied during
the period of
rectification.
Obstruction in No obstruction due to Monthly Visual Removal of Immediate IRC: SP:
a minimum trees Inspection trees 99-2013,
head- room of with video/ IRC: SP:
21-2009
5.5 m above image backup
carriageway or
Obstruction in
visibility of road
signs
Vegetation Sight line shall be free Daily Visual IRC Immediate IRC: SP:99
affecting sight from obstruction by Inspection -2013, IRC:
line and road vegetation to maintain with video/ SP:21
structures adequate set-back image -2009
distance/sight distance backup.
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
Number of As per IRC: SP:99 Daily IRC Within 30 days IRC: SP:99
missing plants -2013, IRC: SP:21 -2013, IRC:
-2009 SP:21
-2009
Deterioration inHealth of plantation shallDaily Timely Within 90 days IRC: SP:99
health of treesbe as per requirement of watering -2013, IRC:
and bushes specifications and and SP:21
instructions issued by treatment. -2009
Authority from time to time. Or
replacement
of Trees and
Bushes.
Drainage Replacement There should be no Weekly Visual IRC 7-15 Days
of cover slabs missing/damaged slabs Inspection
over drain/ with video/
drain cum image
footpath backup.
Maintenance of Entire Daily Visual IRC 2-7 Days
length of Surface and Inspection
Subsurface drains with video/
Physical (including but not limited image
Condition & to: keeping drains free of backup.
Cleanliness obstructions, clearing
(Removal of vegetation and
silt, garbage, obstructions
sewage, etc.) from water courses,
maintaining free flow and
maintaining proper lines
and levels)
There should be NoDaily Visual IRC 12 hours
Water
standing water anywhere Inspection
stagnation on
on the MCW/ SR/ with video/
MCW/ SR/
Structures on any length of image
Structures
the project. backup.
Footpath Physical As per Specifications Daily Visual IRC 2-7 Days IRC: SP: 84-
Condition & Inspection 2019
Cleanliness with video/
image
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
Repairs to As per Specifications Daily IRC 7-15 Days IRC: SP: 84-
damaged 2019
footpath
(tiles/paver
blocks)
Separator Physical As per Specifications Daily Visual IRC 2-7 Days IRC: SP: 84-
Condition & Inspection 2019
Cleanliness with video/
Maintenance ofThere should be noDaily image IRC 7-15 Days IRC: 119
Separator (CCstagnation of backup.
Barrier, Iron water/missing crash
Gril, Metal barrier/grill/kerb with
fencing) proper cleanliness and
including repair painting.
& replacement
along with
painting

OPM-2

Road Shape and Shape and Position as per Daily Visual Improvemen 48 hours in IRC:67
Signs Position IRC:67- 2012. Inspection t of shape, case -2012
Signboard should beclearly with video/ in case ifof Mandatory
visible for the design speed image shape isSigns,
of thesection. backup. damage d. Cautionary and
Informatory
Relocation
Signs (Single
as per
and Dual post
requirement
signs), 15 Days
in case
of Gantry/
Cantilever Sign
boards
Retro As per specifications in Bi-Annually Testing of Change of 48 hours in IRC:67
reflectivity IRC:67-2012 each signboard case of -2012
signboard Mandatory
using Retro Signs,
Reflectivity Cautionary and
Measuring Informatory
Device. Signs (Single
In- and Dual post
accordance signs).
with ASTM D 1 Month incase
4956- of Gantry/
09. Cantilever Sign
boards
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
Reflective Numbers and As per specifications in Daily Counting New Within 2 IRC: SP:
Pavement Functionality IRC: SP: 99-2013 and Installation months 99-2013,
Markers . IRC: 35-2015, unless IRC: 35-2015
(Road specified in Schedule- B
Studs)
Pedestrian Functionality: Should be properlyDaily Visual Rectification Within 15 days IRC: SP:
Guardrail Functioning of maintained with proper Inspection 99-2013/
guardrail as painting, repair ofdamaged with video/ IRC:103
intended portion and replacement of image -2012
missing backup.
portion.
Traffic The existing barriers aswellDaily Visual Rectification Within 7 days IRC: SP:
Safety Functionality: as barriers installed as Inspection 99-
Barrier s Functioning of part of Initial rectification with video/ 2013,
Safety Barriers should beadequately image IRC:11 9-2015
as intended spaced, backup.
(including
parapet positioned with proper end
walls for treatment wherever
hill roads) required as per IRC 119.
There should be no
missing/damaged parapet
walls in hill roads
Any crack / breakage in
Parapet wall shall be
immediately repaired /
reconstructed
Functionality: As per Specifications Daily Visual Rectification Within 7 days IRC: SP:
Functioning of Inspection 99-
Attenuators Attenuators as with video/ 2013,
intended image IRC:11 9-2015
backup.
Guard Functionality: As per Specifications Daily Visual Rectification Within 15 days IRC:79
Posts and Functioning of Inspection -2019
Delineator Guard Posts with video/
s and image
Delineators as backup.
intended
Overhead Overhead signAs per as per IRC:67 Daily Visual Rectification Within 15 days IRC:67
Sign structure shall Inspection
Structure be structurally with video/
adequate with image
requisite backup.
retroreflectivity
Functionality: As per Specifications Daily Visual Rectification Within 7 days IRC:SP
Traffic Functioning of Inspection :99-
Blinkers Traffic Blinkers with video/ 2013
as intended image
backup.
Asset Performance Level of Service (LOS) Frequency of Tools/ Standards Time limit for Maintenance
Type Parameter on each side for each km Inspection Equipment and Rectification/ Specifications
(LHS/RHS) References Repair
Accept able for
Pavement Wear <70% of marking Bi- Visual Re- Painting Cat-1 Defect IRC:35
Marking remaining Annually Assessment within 24 hours -2015
as per Cat-2 Defect –
Annexure-F within 2
of IRC:35- months
2015
Day time During expected life Monthly As per Re- Painting Cat-1 Defect – IRC:35
Visibility Service Time Annexure- D within 24 hours -2015
Cement Road - of IRC:35- Cat-2 Defect –
130mcd/m2/lux 2015 within 2
Bituminous Road - months
100mcd/m2/lux
Night Time Initial and Minimum Initial and Initial and Re- Painting Cat-1 Defect – IRC:35
Visibility Performance for Dry Retro Minimum Minimum within 24 hours -2015
reflectivity during night Performance Performance Cat-2 Defect –
time: for Dry Retro for Dry Retro within 2
Design (RL) Retro- reflectivity reflectivity months
Speed Reflectivity during night during night
(mcd/m2/lux) time: time:

Initial (7 Minimum
Days) Threshol
d Level
(TL) and
warranty
period
require
upto 2
years
Up to 65 Up to Up to
65 65
65 - 65 - 65 -
100 100 100
above above above
100 100 100
Initial and Minimum
Performance for
Night
Visibility under
wet
condition (Retro
reflectivity):
Initial 7 days Retro
reflectivity: 100mcd/m2/lux
Minimum Threshold Level:
50 mcd/m2/lux
 OPM-3
Asset Type Performance Level of Service (LOS) Frequency Testing Recommended Time limit for Specifications
Parameter on each side for each of Method Remedial Rectification and Standards
km (LHS/RHS) Measureme measures
Accept able nt
Pipe/ Free 85% of culvert normal 2 times in a Inspection Cleaning 15 IRC 5-
box/ waterway/ flow area to available. year (before by Bridge silt up soils days 2015, IRC
slab culverts unobstructed and after Engineer as and debris before SP:40-
flow section rainy per IRC SP: in culvert onset of 2019 and
season) 35- 1990 barrel after monsoon and IRC
and rainy season, within SP:13- 2004
recording of removal of 30
depth of bushes and days after
silting and vegetation, end of
area of U/s of rainy
vegetation. barrel, under
season
barrel and .
D/s of
barrel
before
rainy
season.
Leak- proof No leakage through Bi- Physical Fixing with 30 IRC: SP:
expansion expansion joints Annually inspection of sealant suitably days or 40-2019 and
joints if expansion before onset IRC: SP: 69-
any of rains 2011
joints as per
whichever
IRC SP: 35- comes earlier
1990 if any,
for leakage
strains on
walls at
joints.
Structurally Spalling of concrete not Bi- Annually Detailed Repairs to 15 IRC SP 40-
sound more than 0.25 sqm. inspection of spalling, days 2019
all cracking, and MORTH
Delamination of concrete components delamination, Specifications
not more than 0.25 sqm. of culvert as rusting shall be clause 2800
Cracks wider than 0.3 per IRC followed as per
mm not more than 1m SP:35-1990 IRC: SP:40-
aggregate length and 2019.
recording
the defects
Protection Damaged of rough 2 times in a Condition Repairs to 30 IRC: SP 40-
works in good stone apron or bank year (before survey as damaged aprons days after 2019
condition revetment not more than and after per IRC and pitching defect and IRC: SP:13
3 sqm, damage to solid rainy SP:35-1990 observation or - 2004.
apron (concreteapron)
season) 2
not morethan 1 sqm.
weeks before
onset of rainy
season
whichever is
earlier.
Bridges Riding quality No pothole in wearing Daily Visual Repairs to BC or 15 MORT&H
including or user coat onbridge deck inspection wearing coat days Specification
ROB’s, 2811
comfort as per IRC
Flyover and
SP:35-1990
 Asset Type Performance Level of Service (LOS) Frequency Testing Recommended Time limit for Specifications
Parameter on each side for each of Method Remedial Rectification and Standards
km (LHS/RHS) Measureme measures
Accept able nt
Viaducts etc.
as applicable
Bridges Bumps No bump at expansion Daily Visual Repairs with BC 15 MORT&H
including joint inspection on either side of days Specification
ROB’s, as per IRC expansion joints, 3004.2
Flyover and SP:35-1990 profile correction & 2811
Viaducts etc. course on
-Super approach slab in
Structure case of
settlement to
approach
embankment
User safety No damaged or Daily Visual Repairs and 3days IRC: 5-
(condition of missing stretch of crash inspection replacement of 2015, IRC
crash barrier barrier or pedestrian and detailed crash barriers as SP: 99-
and guard hand railing or parapet. condition the case may be 2013 and IRC
rail) survey as SP: 40- 2019
The barriers should be per IRC SP: IRC 119
adequately spaced, 35- 1990
positioned with proper
end treatment wherever
required as per IRC 119.
Rusted Not more than 0.25 sqm. Bi- Annually Detailed All the corroded 15 IRC SP: 40-
reinforcement condition reinforcement days 2019
Spalling of Not more than 0.50 sqm. survey as shall need to be and MORTH
concrete per IRC SP: thoroughly Specification
35-1990 cleaned from 1600 IRC SP:
Delamination Not more than 0.50 sqm. 40-2019
using Mobile rusting and
Bridge applied with anti- and MORTH
Inspection corrosive coating Specification
Unit.
before carrying
out the repairs to
affected concrete
portion with
epoxy mortar/
concrete.
Cracks wider Not more than 1m total Bi- Annually Detailed Grouting with 48 IRC SP: 40-
than 0.30 length condition epoxy mortar, Hours 2019
mm survey as investigating and MORTH
per IRC SP: causes for Specification
35- cracks or other 2800
1990using defects
Mobile development and
Bridge carry out
Inspection
necessary
Unit.
rehabilitation.
Rainwater Leakage Quarterly Detailed Grouting of deck 1 MORTH
seepage - nil condition slab at leakage month specifications
through deck survey as areas, 2600
slab per IRC SP: waterproofing, & 2700.
35- repairs to
Asset Type Performance Level of Service (LOS) Frequency Testing Recommended Time limit for Specifications
Parameter on each side for each of Method Remedial Rectification and Standards
km (LHS/RHS) Measureme measures
Accept able nt
1990 using drainage spouts
Mobile
Bridge
Inspection
Unit.
Deflection Within design limits. Once in Load test Carry out major 6 IRC SP: 51-
due to every 10 method rehabilitation months 2015
permanent years for works on
loads and live spans more bridge to retain
loads than 40 m original design
loads capacity
Vibrations in Frequency of vibrations Once in Laser Strengthening of 4 AASHTO,
bridge deck shall not be more than 5 every 5 displacemen super structure months LRFD
due to moving Hz years for t sensors or specifications
trucks spans more laser vibro-
than 30m meters
and every
10 years for
spans
between 15
to 30
Leakage in No damage to Bi- Annually Detailed Replacement of15 MORTH
Expansion elastomeric sealant condition seal in expansiondays specifications
joints compound in strip seal/ survey as joint. 2600 and IRC
modular type expansion per IRC SP: Replacement of SP: 40-
joint, no leakage of rain 35-1990. sealing 2019.
water through expansion Using compound in
case of leakage I
joint in case of buried Mobile
copper strip type
and asphalt plug and Bridge joint.
copper strip joint. Inspection
Unit.
Debris and No dust or debris in Monthly Detailed Cleaning of 3 days MORTH
dust expansion joint gap. condition expansion joint specifications
in strip seal/ survey aspergaps thoroughly 2600, IRC
modular type IRC SP: 35- SP: 40-
expansion 1990.using 2019 and IRC:
joint Mobile SP: 69
Bridge -2011
Inspection
Unit.

Drainage No down take pipe Monthly Detailed Cleaning of 3 days MORTH

spouts missing/ broken below condition drainage spouts specification
soffit of the deck slab. No survey as thoroughly. 2700
silt, debris, clogging of per IRC SP: Replacement of
drainage spout collection 35-1990 missing/bro ken
chamber. using Mobile down take pipes
Bridge with a minimum
Inspection pipe extension of
Unit.
500mm below
soffit of slab.
Providing sealant
 Asset Type Performance Level of Service (LOS) Frequency Testing Recommended Time limit for Specifications
Parameter on each side for each of Method Remedial Rectification and Standards
km (LHS/RHS) Measureme measures
Accept able nt
around the
drainage spout if
any leakages
observed.
Bridge s Cracks/ No cracks, spalling of Bi- Annually Detailed All the corroded 30 IRC SP: 40-
including spalling of concrete and rusted steel condition reinforcement days 2019
ROB’s, concrete/ survey as shall need to be and MORTH
Flyover and rusted steel per IRC SP: thoroughly specification
Viaducts etc.- 35-1990 cleaned from 2800
Bridge using Mobile rusting and
Substructure Bridge applied with anti-
Inspection corrosive coating
Unit. before carrying
out repairs to
substructure by
grouting/guiniting
and micro
concreting
depending on
type of defect
noticed
Elastomeric Delamination of bearingBi- Annually Detailed In case of failure3 MORTH
Bearings reinforcement not more condition of even onemonths specification
than 5%, cracking or survey as bearing on any 2810, IRC: SP:
tearing of rubber not per IRC SP: pier/ abutment, 40-
more than 2 locations per 35-1990 all the bearings 2019 and
side, no rupture of using Mobile on that pier/ IRC:83 (Part-
reinforcement or rubber Bridge abutment shall be II)- 2018
Inspection replaced, in order
Unit. to get
uniform load
transfer on to
bearings.
POT/P FFE No locking of movableBi- Annually Detailed Unlocking of 30 IRC:83 (Part-
and Spheric and rotational parts, No condition affected parts,days III)- 2018,
al Bearing s Corrosion, Cleanliness survey as Cleaning of Rust IRC:83 (Part-
per IRC SP: and repainting. IV)- 2014
35-1990
using Mobile General
Bridge Cleaning of
Inspection bearings.
Unit.
 Asset Type Performance Level of Service (LOS) Frequency Testing Recommended Time limit for Specifications
Parameter on each side for each of Method Remedial Rectification and Standards
km (LHS/RHS) Measureme measures
Accept able nt
Bridges Scouring Scouring shall not Bi- Condition
including around be lower than maximum Annually survey and
ROB’s, Foundations scour level for the bridge visual
Flyover and inspection
Viaducts etc.- as per IRC
Bridge IRC SP: 40-
SP:35-1990 Suitable
Foundations protection 2019,
using Mobile
works around IRC: 89-
Bridge
pier/abutment 2019, IRC:78-
Inspection 1
Unit. In case month 2014, MORTH
of doubt specification
Underwater 2500
camera for
inspection of
deep wells
in Major
Rivers.
Protection Damage of / missing 2 times in a Condition Repairs to 30 IRC: SP 40-
works in good rough stone apron or year (before survey as damaged aprons days after 2019, IRC:
condition bank revetment not moreand after per IRC and pitching defect SP:13-
than 3 sqm., damage torainy SP:35-1990 observation or 2004 and
solid apron (concreteseason) 2 IRC:89- 2019
apron) not more than 1
weeks before
sqm.
onset of rainy
season
whichever is
earlier.

OPM-4

Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

Bus Bay Cleanliness & As per Daily Visual Rectification 15 Days IRC: SP: 99-2013
Painting Specifications Inspection & IRC: SP: 84-
2019
Truck Lay Cleanliness & As per Daily Visual Rectification 15 Days IRC: SP: 99-2013&
Bye Repairing Specifications Inspection IRC: SP: 84- 2019

Toilet Blocks Physical No user compliant Daily Visual - 4 hours -

at Condition of Inspection
Rest Area/ Building
Toll Plaza/ Regular
Truck Lay Cleaning
Bye (24x7)
Condition of
Basic
Amenities
Repair of No user compliant Daily Visual Rectification 24 hours -
defects Inspection
(electrical,
water and
sanitary
installations)
Continuous
Water Supply
Highway Illumination: As per Daily The IRC: SP: 24 hours IRC: SP:
lighting Minimum 40 Specifications illumination 99-2013 99-2013
Lux level shall
illumination be
on the road measured
surface with lux-
No major/ Daily meter. IRC: SP: 24 hours/ IRC: SP:
minor failure 99-2013 8 hours 99-2013
in the lighting
system
Repair & Daily Visual IRC: SP: 24 hours IRC: SP:
Replacement Inspection 99-2013 99-2013
of damaged with video/
poles/ lights image
backup.
OPM-5
Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

(i) Main control Monthly Visual IRC Within 7 Days IRC: SP:
Availability of
centre and Inspection 84-2019
Basic
Administrative block. with video/
Construction
Equipment for image
Equipment
operation and backup.
Availability of maintenance and Monthly Visual IRC Within 7 Days IRC: SP:
Equipment storage space for Inspection 84-2019
and them. with video/
instrument in Storage space for image
Lab with equipment and backup.
Calibration material for traffic
Certificate signs and markings.
(ii) Workshop.
(iii) General Weekly Visual IRC 2-7 Days MMU shall be
garage and repair Inspection engaged full time
shop.
with video/ per PMU for a
Testing laboratory.
image minimum of 8
O&M Center Parking space for backup. hours per day and
minimum monthly
minimum 4 number
running distance of
Functionality of large vehicles
three times of
of Mobile and for other
operational road
Maintenance expected vehicle
length of package
Unit during peak hours
or all roads in a
including those for
package to be
working staff and
covered within 10
visitors.
days, will result in
proportional
payment
deductions
Availability of Monthly Visual IRC Nil IRC: SP:
Bump Inspection 84-2019
Integrator on with video/
24 hours image
notice backup.
Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

OPM-6

Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit Maintenance
Parameter (LOS) on each sideInspection Equipment Measure for Specifications
Standard Rectificati
for each km on
(LHS/RHS)
Accept able

Emergency Deployment Response time Daily 1033 or 112 NA Nil The vehicle
Response of Ambulance within 15 minutes of Call and staff
deployed
System * Vehicle reporting of incident Records/ should be as
including staff for every incident Computer per
within 20 km of Aided specifications
station of Dispatch mentioned in
Ambulance and on System of IRC: SP: 84-
2019
pro-rata basis for Employer if
distance over 20 available
km.
Deployment Response time Daily 1033 or 112 NA Nil The vehicle and
of Route within 15 minutes of Call staff deployed
Patrol Vehicle reporting of incident Records/ should be as per
including staff for every incident Computer specifications
within 20 km of Aided mentioned in IRC:
station of Dispatch SP: 84-2019
Ambulance and on System of
pro-rata basis for Employer if
distance over 20 available
km.

Further, continuous
patrolling of the
stretch with atleast
coverage of the
stretch 3 times in
every 24 hours.
Functionality GPS based Vehicle Daily Visual NA Nil As per AIS-140
of Vehicle Tracking System to Inspection
Tracking monitor its
System (VTS) movement on 24 hrs
x 7.
Deployment Response time Daily 1033 or 112 NA Nil The vehicle and
of crane of within 45 minutes of Call staff deployed
capacity not reporting of incident Records/ should be as per
less than 25 for every incident Computer specifications
MT within 20 km of Aided mentioned in IRC:
station of Dispatch SP: 84-2019
Ambulance and on System of
Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

pro-rata basis for Employer if

distance over 20 available
km.

Maintenance Hard bound Daily Visual NA Nil IRC: SP: 99-2013&

of Incident numbered register Inspection IRC: SP: 84- 2019
Management to be present all time
Register along with Computer
alongwith Aided Dispatch
Customer System of Employer
Satisfaction if
Report available.
OPM-7

Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

Work Zone Documentatio An expert on safetyDaily Measureme IRC 24 Hours IRC: SP:
Safety n of safety or an engineer nts shall be 55-2014
arrangements trained on work through
Review of zone safety from aDaily visual IRC 24 Hours IRC: SP:
safety qualified company inspection
55-2014
arrangement should be named to and shall be
implement the work supported
Validation of Daily IRC 24 Hours IRC: SP:
zone, including by video
documentatio 55-2014
installing, operating, back-up.
n
maintaining and
removing the work
zone.
Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

OPM-8

Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

Encroachmen Documentatio Relevant Daily Measureme - 24-48 -

t n of action Documents to be nts shall be Hours
against Submitted to Field through
encroachmen Office. visual
t inspection
Validation of and shall be - -
documented supported
temporary/ by video
permanent back-up.
encroachmen
ts
Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

OPM-9

Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

Project Cleanliness of No garbage, Daily Visual Removal of 12 hours Use of Mechanical

Cleanliness entire ROW rubbish, dirt, rubble, Inspection garbage, Equipment/
dead plants, dead rubbish, dirt, Manual Labour for
animals etc. should rubble, dead removal for
be present withinthe plants, dead garbage, rubbish,
ROW. animals etc. dirt, dead plants
etc.

OPM-10

Highways Video Failure of more than Daily Measureme Repair must 2-3 Days Clause 815;
Traffic Surveillance two Video Cameras nts shall be conform to MoRT&H
Management System or failure of their through clause 815; Specification.
System related visual MoRT&H
(HTMS) transmission/control inspection Specification.
system which would
render the cameras
inoperative.
Should be in Daily Measureme 24-48
Mobile Radio functional condition. nts shall be Hours
Communicati through
on System visual
inspection
Failure of more than Weekly Measureme 2-7 Days
one Video Cameras nts shall be
Video
or failure of their through
Incident
related visual
Detection
transmission/control inspection
System
system which would
(VIDS)
render the cameras
inoperative
Vehicle Should be functional Daily Measureme 2-3 Days
Actuated at all times nts shall be
Speed through
Asset Type Performance Level of ServiceFrequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each sideInspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

Display visual
System inspection
Failure of any threeWeekly Measureme 2-7 Days
consecutive Call nts shall be
Emergency boxes or failure of through
Roadside their related visual
Telephone transmission system inspection
System which would render
the call boxes
inoperative.
No display/Improper Weekly Measureme 2-7 Days
Display of VMS or nts shall be
Variable failure of their through
Message related visual
Sign (VMS) transmission/control inspection
system system which would
render the VMS
inoperative
Failure of more thanWeekly Measureme 2-7 Days
one Met or failure of nts shall be
Meteorologica
their related through
l Data System
transmission system visual
(MET)
which would render inspection
the Met inoperative.
Failure of more thanDaily Measureme 2-3 Days
Automatic one ATCC or failure nts shall be
Traffic of their related through
Counter-cum- transmission system visual
Classifier which would render inspection
the ATCC
inoperative

Note:
1. Any structure / part of the structure component during entire Contract period which
is found not complying with all /or either of the requirements of this table will be
rehabilitated to achieve the desired level of services.
2. MoRT&H Specification for Roads and Bridge works (Vth Revision) shall be applicable.
3. IRC Codes indicated above shall be applicable as per year of publication in
consonance with the start of project implementation.
4. All project assets not mentioned above shall be repaired & maintained as per good
industry practice in consultation with Engineer/ Employer.
5. All the parameters listed in Annexure-E shall be assumed to be part of the Payment
Reduction Table as per clause 5.2 of Part-II of section-7 i.e. SPECIFICATIONS FOR
ROAD MAINTENANCE WORKS AND OPERATIONAL PROCEDURES under the
corresponding heads of the highway element and shall be liable for deduction in
payment on account of non-compliance with the above stipulated service levels.
 6. In case the performance level or rectification time limit or testing method or
frequency of measurement etc. is missing for any of the items from Annexure-E,
the corresponding IRC code shall be referred for the same.
7. Include ATMS service levels only if available on the project stretch.
8. Include Ambulance/Patrol Vehicle/Cranes service levels only if not otherwise
deployed on the stretch by the employer through any other agency and is part of the
PBMC contract.
9. Add other project facilities in Annexure-E scheme if available on the projectstretch
and part of the scope of instant PBMC contract

3.2. Gradual compliance with Service Levels

In order to respect the Contractor’s initial mobilization period and taking into account
the time needed by the Contractor to establish full compliance with all the OPM‟s over
the entire road network included in the Contact, a schedule of gradual compliance with
OPM‟s is established, as per the Table shown below.

During the period of phasing-in the full compliance with all OPM‟s as per the table below,
the Contractor shall inform at the end of each month, as part of his Monthly Compliance
Tables for Maintenance Services, the list of roads or road sections for which OPM‟s 1 to
10 are to be applied. The length of those roads or road sections must correspond to at
least the percentage of the network indicated in the Table below for that month. During
such gradual compliance of OPMs, the payment for Routine Maintenance shall be made
corresponding to percentage compliance achieved in the OPMs, i.e. if 70% compliance of
OPMs is achieved in the first month, then only 70% payment for routine maintenance shall
be payable. Normal payment and penalty procedures for Routine Maintenance work, as
defined in the document, shall start from the end of 6th month from Start Date.

No. months after OPM9 Usability of the All remaining OPMs

Start Date road(s) Compliance required
(at the end of the Compliance required on OPM on
month) 1 (a), 1 (i), 1 (k) for flexible (% of total length of
pavement, OPM 1(d), 1 (m), roads under contract)
1 (q), 1 (s) for rigid
pavement, OPM 4, OPM 6,
OPM 7, OPM 8, OPM 9, OPM
10
(% of total length of roads
under contract)

9Even those roads (or road sections) for which Initial Rectification Works are programmed to
be carried out under the contract have traffic and therefore require maintenance services.
The pavements of those roads are however likely to be in a condition which does not allow the
application of normal Service Levels. The OPM’s listed below can typically not becomplied
with by the Contractor before these Works are completed.
• OPM-1 Pavement Defects shall not be applied, except those specified above and
“Cleanliness of Pavement Surface and Shoulders” which shall apply even before the
initial rectification Works are carried out.

• OPM-1(h) Paved Shoulders.

 No. months after OPM9 Usability of the All remaining OPMs
Start Date road(s) Compliance required
(at the end of the Compliance required on OPM on
month) 1 (a), 1 (i), 1 (k) for flexible (% of total length of
pavement, OPM 1(d), 1 (m), roads under contract)
1 (q), 1 (s) for rigid
pavement, OPM 4, OPM 6,
OPM 7, OPM 8, OPM 9, OPM
10
(% of total length of roads
under contract)
1 and 2 100 60
3 100 70
4 100 80
5 100 90
6 100 100
Remaining contract 100 100
period

3.3. Reduced Service Levels prior to Initial Rectification /Periodic Maintenance

For paved roads (or road sections) for which Initial Rectification Works are programmed
to be carried out under the contract, the OPM´s listed below shall not apply until such
time when such Works have been completed, as follows:

3.3.1. Minimum Service Level

A “Minimum Service Level” will be applied for specific road sections defined in the contract
where (i) Initial Rectification Works are scheduled under the contract and (ii) where the
pavement has deteriorated to such a poor condition that it cannot be maintained normally
as a pavement prior to the Rectification works being completed; and for road sections where
Initial Rectification works are actively underway.

Under the “Minimum Service Level”, the following provisions apply:

• The contractor shall establish and maintain road conditions ensuring that light and heavy
vehicles can travel with at least a minimum speed of 40 kilometers per hour along its
entire length, and without the need anywhere to slow down to less than 25 kilometers
per hour due to the state of the road surface.
• The contractor must ensure that there are no potholes and depressions more than 5 cm
deep on the road surface.

4. Management Performance Measures (MPM’s)

• Road Marking under OPM-2(b): Thermoplastic markings shall not be required for roads
or road sections which are programmed for Periodic Maintenance. In those cases,
reflective paint can be used instead. [Note: It would not be reasonable to require the
rather expensive reflective pavement markings if the pavement is to be removed as part
of the required pavement resurfacing.]
MPM‟s are a set of performance criteria to be fulfilled by the Contractor that relate to the
management of the road assets under contract. They include the quality and testing
requirements to be fulfilled by the Contractor, as well as the collection and reporting of
various types of data and timely information to the Engineer, which may be needed as input
to the Employer’s Road Asset Management System (RAMS). The applicable MPM‟s for this
contract are summarized in the table below. The specific requirements under each MPM item
are defined elsewhere in the Specifications.
Compliance with MPM‟s is measured either monthly or as otherwise defined in theContract.
Results are to be expressed as either being “in compliance” or “non-compliant”. In case of
non-compliance, such non-compliance will continue to be recorded until compliance has
been established by the Contractor to the satisfaction of the Engineer.
In case of non-compliance with MPM‟s, the monthly lumpsum payment to the Contractor for
Maintenance Services shall be reduced by the amounts stated in the table below, multiplied
by the duration (in calendar days) of the non-compliance.

Payment
reduction
Item Compliance criteria (INR)

Must be complete and submitted by due date

Delivery of regular as per the Specifications.
monthly progress
MPM-1 reports to the Road In case of comments, the revised document 10,000
Controlling must be resubmitted within fourteen (14) days
Authority after the issuance of written comments by
Engineer.
Must be complete and submitted by due date
Asset Inventory as per the Specifications.
Reports and In case of Comments, the revised document
MPM-2 updates 10,000
must be resubmitted within fourteen (14) days
after the issuance of written comments by the
Engineer.
Must be complete and submitted by due date
as per the Specifications.
Quality Assurance In case of Comments, the revised document
MPM-3 Plan Reports(QAP) 10,000
must be resubmitted within fourteen (14) days
after the issuance of written comments by the
Engineer.
Must be complete and submitted by due date
as per the Specifications.
Program of
MPM-4 Performance In case of Comments, the revised document 5,000
reports(POP) must be resubmitted within fourteen (14) days
after the issuance of written comments by the
Engineer.
Works Completion Must be complete and submitted by due date.
Reports Revision must be completed within twenty-
MPM-5 one (21) days after the issuance of written 5,000
comments by the Engineer.
Must be complete and submitted by due date.
(all reports listed Revision must be completed within twenty-
MPM-6 under Section one (21) days after the issuance of written 2,500
B.10.1) comments by the Engineer.
Initial Submission of complete design by due
Submission of date.
MPM-7 Designs 5,000
Revisions must be completed within fourteen
(14) days after the issuance of written
 Payment
reduction
Item Compliance criteria (INR)

comments by the Engineer, or as agreed in

writing with the Engineer.
Monthly
Compliance Tables Submission of complete Compliance Tables by 10,000
MPM-8 for Maintenance due date.
Services
Monthly Progress Initial Submission by due date. Revision and
Report for resubmission must be completed within seven
MPM-9 Rectification (7) days after the issuance of written 10,000
and
Emergency Works comments by the Engineer.
Road Asset Damage
MPM-10 and Emergency Submission by due date. 2,500
Incident report
Initial Submission of complete report by due
End of Contract date. Revision and resubmission must be
MPM-11 Handover Report completed within fourteen (14) days after the 5,000
issuance of written comments by the Engineer.

Compliance with
requirements in the
areas of Contractor has to be in compliance at all times.
Environment, Payment reduction is applied for each separate 30,000
MPM-12 Social, Health and non-compliance, and for each day during which
Safety of workers, non-compliance persists.
and Traffic
Management Plans

5. Data collection, reporting and documentation

The timely collection of data and presentation of reports are part of the Management
Performance Measures (MPM‟s). Some of the reports must be prepared periodically (typically
monthly) while others are one-time reports to be submitted at specific times or at special
occasions during the duration of the contract. The reports are listed in the table below and
described in the sub-sections further below.
Report Title Frequency / Periodicity
Road Asset Inventory Database and Initial Report
Condition Reports (MPM-2): Periodic updates as specified

Road Asset Damage Reports (MPM-10) These are reports due each time when
damages to road assets occur whichrequire
repairs for which the Contractor may be
entitled to claim separate payment.

Design Reports (MPM-7) These are required for all works requiring
a detailed engineering design.
Monthly Compliance Tables for Maintenance Monthly self-reporting by the Contractor
Services (MPM-8) on his own compliance with Service Level
requirements which is the basis for the
part of the Contractor Monthly Statement
 Report Title Frequency / Periodicity
which relates to Maintenance Services.
Monthly Progress Report and Statement for Monthly report on progress of rectification
Works (MPM-9) and Emergency Works, which is the basis
for monthly invoicing by the Contractor
for those works.
Works Completion Reports (MPM-5) Separate reports for each specific
rectification and Emergency Works.
Contract Completion Report (MPM-11) One-time report.
Project Final Completion Report (MPM-11) One-time report (update of Contract
Completion Report)

The requirements for each of those reports are stated in the following sections.

5.1 Road Asset Inventory and Condition reports

The Contractor shall carry out several types of surveys for assessing the condition of the
Road Assets included in the contract based on visual assessment. The surveys will cover in
particular
• Pavement condition
• Road Furniture condition
• Large Structures condition
The Contractor will record the results of the surveys in an electronic database and shall
report the Asset Inventory and Condition in
a ) Initial Road Asset Inventory and Condition Report, which is to be submitted within
90 Days after the Start Date; and

b) Updated Road Asset Inventory and Condition Reports, to be submitted every 12

Months after the due date of the Initial Road Asset Inventory and Condition Report.The
updated reports are to be based on new survey data collected by the Contractor within
120 days prior to the due date of the updated reports.

The information collected by the Contractor during those surveys shall be used both for
the Contractor’s own purposes and for the continuous updating of data used by the Employer
for his Road Asset Management System (RAMS).
Electronic Road Asset Inventory Database: The Contractor shall record the information
collected during the various surveys (and other information, which may be furnished by the
Employer or by other third parties) in an electronic Road Asset Inventory database. In
order to ensure compatibility of the electronic database with the Employer’s Road Asset
Management System, the Contactor will propose the specific electronic format of the
database for approval by the Engineer. If the Employer does not stipulate a specific
format, the Contractor shall use an online database which can be accessed in real time by
the Engineer.
The Contractor shall also provide hardcopies (printouts) of the information from the
database to the Employer as reasonably requested. If so requested, the Contractor shall
liaise with the Employer and arrange for the delivery of hardcopies.
The electronic Road Asset Inventory Database shall include asset data and condition data
verified by the Contractor, covering the following:
• Pavements, including shoulders (Hard Shoulder / Emergency Lane)
• Slopes, Embankments and Cuttings
• Drainage facilities, gullies, culverts, lined channels, sumps etc.
• Signs, traffic signals and lighting installed
• Pavement markings
• Bridges and Major Structures
• All other road furniture (i.e. Safety Barriers, Lighting Points)

In the Road Asset Inventory database, the Contractor shall

• accurately record road asset data, which shall include the measurement of roughness
(IRI) as well as pavement strength data obtained through FWD (for paved roads);
• update the data following completed Rectification or Emergency works affecting the
asset inventory;
• take into account any changes resulting from maintenance interventions altering the
inventory characteristics and condition data;
The Contractor shall transmit the updated Road Asset Inventory database to the Employer
after each update or at least once annually.
The required surveys to be carried out and the data to be collected are described in the
sub-sections below.
5.1.1. Pavement Condition Surveys
Pavement Condition Surveys must cover all the roads / road sections included in the
contract, in order to obtain the following information:
▪ Road pavement strength, through deflection surveys, using FWD (on paved roads
only)
▪ Pavement Roughness in terms Bump Integrator (BI) or International Roughness
Index(IRI) using Class-I laser profilometer or any superior technology
▪ General road condition description

Requirements for measuring pavement strength: Road Strength (deflection) data are
required as input to the Employer’s Road Asset Management System and for the Contractorto
know the pavement condition and plan the needed interventions on the roads. If for any road
there is no reliable data on its pavement structure, the deflection measurementsshall
be complemented with pavement structure data obtained by trial pits everyone 5 km to
evaluate pavement construction and subgrade conditions. Output of the deflection
measurements shall be the basis for the calculation of the residual life of the pavement in
years, based on the expected total number of typical standard axles.
Measurement shall be by Falling Weight Deflectometer (FWD - Impulse Load Device). The
FWD shall be equipped with air and surface temperature sensors and a GPS location device.
The equipment to be used by the Contractor must be approved by the Engineer. Deflection
measurements shall be taken at 200m intervals for each traffic lane throughout the paved
network or as specified in IRC: 115.

Requirement for measuring road roughness: The Contractor shall measure the road
roughness in terms of the International Roughness Index (IRI) or Bump Integrator (BI). The
data is needed by the Employer for use under his Road Asset Management System and by the
Contractor for planning any needed interventions on the road. The equipment and data
required must comply to the following standards:

Class 1 Profilometer: ASTM E950(98):2004-Standard Test Method for measuring Longitudinal

Profile of travelling surfaces with accelerometer established inertial profiling reference
ASTM E 1656-94:2000-standard guide for classification of automatic pavement condition
survey equipment

The measure of roughness is to be made in a continuous way in the wheel tracks of each lane
of the carriageway. The measuring equipment must be calibrated/validated as perthe
manufacturer’s recommendations and further calibration using several reference road
sections is also to be carried out in coordination with the Engineer. All roughness
measurements shall be executed under the supervision of the Engineer, utilizing a Class 1
precision Profile (ASTM E-950). They shall be reported as Bump Integrator (BI) in mm/km.

5.1.2. Road Furniture Condition Survey

This survey will record all existing road furniture and its current condition. It will cover
all types of road furniture, such as horizontal and vertical traffic signs, guardrails, safety
barriers and any other road safety equipment, traffic signals, road and street lighting,
electrical installations, and equipment, etc. It will highlight any defects requiring
replacement or repair and will also indicate all cases and locations where road furniture
should be present according to applicable norms and legislation, but is in fact absent.

5.1.3. Cross Drainage and other structure’s Condition Survey

For all Cross Drainage and other structures, the condition surveys to be conducted must be
based on a visual inspection for evaluating and rating their structural and functional
condition, and describing existing defects and shortcomings particularly the bearings,
expansion joints, slope protection works and scoring around pillars if any. Use of MBIU is
mandatory wherever necessary is mandatory.

5.2. Design Reports

Emergency Works, Design Reports are also required, unless the corresponding Work Order
states otherwise. The Design Report shall accompany any engineering design elaborated and
submitted for approval. It must provide information on the design standards applied, the
main assumptions used, and the calculations made for the design of individual road sections,
structures or works.
The Design Reports shall be submitted as attachments to each final detailed design, on the
dates indicated in the Contractor’s approved program. The quality and the on-time
submission of the Design Report is a Management Performance Measure (MPM).

5.3. Monthly Compliance Tables for Maintenance Services

As described elsewhere in the contract, the Contractor’s Self-Control Unit shall continuously
verify the Contractor’s own compliance with the Service Level and other requirements. On
the last working day of each calendar month, the Contractor’s Self Control Unit shall submit
to the Employer the Monthly Compliance Tables for Maintenance Services for the same
calendar month, reflecting road conditions and the Contractor’s compliance with Service
Level requirements at the end of the month. The Monthly Compliance Tables for
Maintenance Services are the basis for the monthly Formal Inspection and for the part of the
Contractor’s Monthly Statement which relates to Maintenance Services. The Monthly
Compliance Tables for Maintenance Services shall be comprised of:
• Standardized EXCEL tables in a format to be approved by the Engineer, showing
separately for each road or road section the degree of compliance with Service Level
requirements, representing accurately the situation at the end of the previous calendar
month, and identifying any non-compliances that may exist.
• A brief description of the most important maintenance activities carried out during
the month, including the locations.
 • Information on any formal complaints received and how these were responded to (if
applicable).
• Details of any major vehicle accidents that have occurred on project roads, in
particular of all accidents involving death or injury (if applicable).
The quality and the on-time submission of the Monthly Compliance Tables for Maintenance
Services is a Management Performance Measure (MPM).

5.4. Monthly Progress Report for Works

This is the Contractor’s monthly report on the progress of Rectification and Emergency Works
carried out. It shall be the basis for the part of the Contractor’s Monthly Statementwhich
relates to those works. Submission of the Monthly Progress Report shall be aprerequisite for
the acceptance of a payment claim for Initial Rectification, periodic maintenance and
Emergency Works. The Monthly Progress Report shall describe the works executed during the
month, as well as the Quality and Quantity Control procedures applied and their results
(testing, etc).
The Monthly Progress Report shall also cover the Contractor’s activities in response to
contractual requirements for (i) environmental and social safeguards, and (ii) occupational
health and safety. The Monthly Progress Report for any month must be submitted by the 10th
calendar day of the following month as a supporting document to the Monthly Statement
which is due on the same day.
The minimum information that the Monthly Progress Report must include is as follows:
• A description of the Progress achieved during the preceding month of all rectification and
Emergency Works, framed so as to enable the verification of any work to be claimed for
payment.
• The proposed Interim Payment Certificate (IPC) for rectification and Emergency Works.
• All required Quality and Quantity Control reports on the works completed during the
month clearly indicating, if applicable, any non-conformances with the Contractor’s
Quality Assurance Plan or any other requirements.
• Copies of correspondence between the Contractor and other agencies, if any.
• Minutes of all meetings held during the month between the Contractor and Employer and
with any other stakeholders, including also the status of actions taken on complaints
received and grievances brought forward at such meetings, if any.
• Detailed information on the Contractor’s activities in response to contractual
requirements for (i) environmental and social safeguards, and (ii) occupational health
and safety.
• The status of all grievances that have been submitted to the Contractor, along with
resolution rates.

5.5. Road Asset Damage Reporting

The Contractor shall report to the Employer any event such as vehicle accident, theft, act
of vandalism, third-party intervention or any other event having caused damage to the
road assets and requiring repairs or replacement. The report may have the form of a letter
to the Employer and shall be submitted within 96 hours of occurrence of the event, or of the
Contractor having gained knowledge of such event. The report shall
• describe the event and its circumstances;
• describe the nature and extent of damage to road assets, including photographs;
 • cost estimate & timeline for repair/replacement of the damages asset (at no extra
cost to employer);
• describe the actions taken by the Contractor, such as inspections and investigations
carried out, notifications made to the police and to other relevant authorities;
• Recommend measures to be taken to avoid similar events in the future.

For damages not already repaired by the Contractor, the Contractor shall propose the
needed repairs, including any designs if necessary, and a program for carrying out the
repairs.
It is also the Contractor’s responsibility to report any event or incident of this nature to the
relevant authorities (Police, local Municipality and/or other public authorities concerned)
as soon as possible and to follow up on any actions taken by the police or other relevant
public authorities. If the damage is caused by third party intervention on theroad, the
Contractor must also actively try to stop such intervention by informing the intervening party
in writing (or verbally if writing is not feasible) of the damage being caused and the potential
physical and legal consequences of the intervening party’s action.

• The Contractor’s risk limitation for bearing the cost of necessary repairs after such
events shall be upto the limit of Insurance as stated in the Clause 11 of Contract Data.
Repairs beyond such limit of the Insurance amount as stated in the Contract Data are
the Employer’s Risk, provided that the Contractor has performed his obligations as
described above. In such cases the Contractor shall submit to the Employer a cost
estimate with a breakdown of the cost for repair. The Employermay instruct the
Contractor to repair the damage under a Change Order or a Work Order, as Emergency
Works.

The quality and the on-time submission of the “Road Asset Damage Report” is a
Management Performance Measure (MPM).

5.6. Work Completion Reports

There is a two-step process for completing and handing over the Works by the Contractor
to the Employer:
• Substantial completion: The first step is the “Taking-Over” of the Works by the
Employer, which is meant to occur when the works are “substantially completed” and
can be used safely for the intended purpose, and opened for traffic withoutrisks
of damage to the road structure or to road users. The Defects Liability Period starts
at the time when the Contractor notifies “substantial completion” of the works to the
Engineer, unless the Employer objects in writing to “SubstantialCompletion” having
been achieved. After the “Taking-Over” is formalized through the issuance of the
“Taking-over Certificate” by the Employer, the first half of the Retention Money is to
be released to the Contractor by the Employer.
• Certificate of Completion: The second step is the end of the Defects Liability Period
which will normally trigger the release of the second half of the Retention Money to
the Contractor by the Employer, provided that the Contractor has presented a “Full
Works Completion Report” and the Employer has issued the “Certificate of
Completion”, as described further below.

At the time of “Substantial Completion”, the Contractor is required to issue a “Substantial

Completion Report”. This report shall include those parts of the information required (and
listed below) for the “Full Works Completion Report” which are already available at the time
of substantial completion. The “Substantial Completion Report” shall also list the
items that are yet to be completed by the Contractor (“snag list”). It must be part of the
Contractor’s application for the Taking-Over of the works by the Employer as per GC 48.
When the Contractor has addressed all items on the “snag list”, he shall inform the Employer
through an official letter. Not later than 28 days afterwards the Contractor must present a
“Full Works Completion Report” and may also request the “Certificate ofCompletion”. The
Employer shall review the Full Works Completion Report. The Certificate of Completion
cannot be issued if the Full Works Completion Report has not been submitted by the
Contractor and accepted by the Engineer.
The “Full Works Completion Report” is essentially a supplement to the “Substantial
Completion Report”. It must present the information listed below, except those parts
which have already been included in the “Substantial Completion Report” for the same
Works. The “Full Works Completion Report” may make reference to the “Substantial
Completion Report” previously issued by the Contractor, for all the information, which was
already presented there, without having to present it again.
The Full Works Completion Report shall include as a minimum:
• Site location and details;
• Construction start and end dates;
• As built Drawings and photographs;
• Details of all Quality and Quantity Control measures carried out by the Contractor;
• Details of any works carried out after substantial completion to remedy pending items
on the “snag list”;
• Design Calculations;
• Topography survey results;
• Setting out data and control points;
• Hydrology of the site (if applicable);
• Structures; description of original and rehabilitated condition, (if applicable);
• Pavement design and results of IRI measurements, (if applicable);
• Geology and Geotechnical features (if applicable);
• Environment Management Compliance Report; and
• Summary of future inspection and maintenance requirements e.g. required frequency
of inspections, environmental monitoring needs, specific routine, and periodic
maintenance needs, etc.

The Employer shall review the “Substantial Completion Report” and the “Full Works
Completion Report” within 14 days after receipt and provide comments, if any. If there are
comments requiring changes to the Report, a revised Report shall be submitted by the
Contractor within 14 days of receiving the comments. The “Certificate of Completion”,
which is a prerequisite for the repayment of the second half of the retention money at the
end of the Defects Liability Period, cannot be issued if the Full Works Completion Report has
not been submitted and approved.

5.7. End of Contract – Handover Report

The Contractor must provide an End of Contract Handover Report on the first day of the
sixth month prior to the end of the Contract. The purpose of the Handover Report is to
provide a smooth transition to the next contract and ensure that the next Contractor and
the Employer are aware of any outstanding issues. The handing over report will be subject
to verification of details of work completed vis-à-vis Contract scope by the Third Party
Agency to be engaged by the Authority for the purpose. This report shall provide:
For the contract as a whole:
A summary of the activities carried out (works and services), outcomes achieved, lessons
learnt, suggested good practices and recommendations to the Employer for improvements
for any future maintenance contracts covering the same roads.
For each road included in the contract:
(i) A history of the works carried out during the contract period; this shall include
information on:
• Site location and details
• Construction start and end dates;
• As built Drawings and photographs
• Details of all Quality Control Tests
• Design Calculations
• Topography survey results
• Setting out data and control points
• Hydrology of the site
• Structures; original and rehabilitated condition
• Pavement design
• Traffic data, if available
• Geology
• Geotechnical features
• Environmental and Social issues encountered and how they were dealt with
• Summary of future inspection and maintenance requirements e.g., required
frequency of inspections, on-going environmental monitoring needs, specific on- going
maintenance needs etc.
(ii) A brief description of the current condition of the road, including the expected
remaining service life of the pavement, and
(iii) Suggestions on the works that are considered necessary to be executed in the next years
in order to keep the road asset at the same Service Level. The assessment of the pavement
residual life of the contract roads must be supported by information on the results of the
pavement deflection and roughness (IRI) surveys executed during the contract.
The quality and the on-time submission of the “End of Contract - Handover Report” is a
Management Performance Measure (MPM).

5.8. Project’s Final Completion Report

On completion of the entire Contract and after the end of any remaining Defects Liability
Period for works or parts thereof, the Contractor shall prepare a Final Completion Report
which will essentially be an updated version of the End-of-Contract Handover Report
described in the previous section, including any additional information which has become
available since the issuing of the End-of-Contract Handover Report. Detailed as per clause
16 of the Contract Data are also to be stated in this report.

The report shall accompany the Contractor’s request to the Employer for releasing the
Performance Security. The handing over report will also be subject to verification of
details of work completed vis-à-vis Contract scope by the Third Party Agency to beengaged
by the Authority for the purpose. Submission and Approval of the above report is a
prerequisite for issuing by the Employer of the Final Payment Certificate and release of
the Contractor’s Performance Security.
6. Specifications for Emergency Works

6.1. Definition of Unforeseen Natural Phenomena

Emergency Works are designed to repair those damages to the roads under contract which
are caused directly by unforeseen natural phenomena with imponderable consequences
occurring either in the area of the roads or elsewhere, but with a direct impact on the roads.
“Unforeseen Natural Phenomena” are defined as follows:

Flooding where water levels rise above the crown level of the road resulting in complete or
partial washout of the culvert or road embankment causing disruption of traffic. Any damage
which results from insufficient maintenance of drainage structures will not be considered as
“emergency” and will need to be repaired from within the Routine Maintenance Services.

Major landslides (greater than 50 m3) which block the road carriageway and drains,encroach
onto the road surface and interrupts the flow of traffic or is unsafe. Can be caused by heavy
rains or earthquakes. Landslides within the right-of–way caused by overflow of poorly
maintained cut-off drains or catch dams will not be considered as an “emergency” and will
need to be removed as part of Routine Maintenance Services

Traffic accidents which interrupts traffic and causes insurmountable damage to the road.
Nevertheless, the Contractor will be responsible to provide full support to the police and
road users and arrange signing and cleanup of site or sanding as necessary is part of
Routine Maintenance Services.
6.2. Procedure for Requesting Emergency Works

If damages clearly caused by “Unforeseen Natural Phenomena” result in a reduction of

Service Levels below the normal threshold values specified in this contract, the Contractor
may make a formal request to the Engineer to carry out Emergency Works designed
specifically to remedy those damages. If the Contractor decides to make a request for
Emergency Works, he must (i) immediately inform the Engineer of his intention to do so,
by telephone, radio or other means, (ii) document the circumstances of the Force Majeure
event and the damages caused, through photographs, video and other suitable means, (iii)
prepare a written request, stating the type of works he intends to carry out, their exact
location and the estimated quantities and costs, including photographic documentation. In
any case, a request for Emergency Works must be made immediately after the Contractor
gains knowledge of the existence of damages caused by “Unforeseen Natural Phenomena”.

The Engineer, upon receipt of the request and not later than 24 hours thereafter, will
evaluate the request made by the Contractor based on a site visit, and issue an order to
carry out the Emergency Works. The order will specify the type of works, their estimated
quantities, the remuneration to be paid to the Contractor and the time allowed for their
execution. The order may indicate a requirement for an engineering/geotechnical
assessment of the options for the permanent repairs to the site.

6.3. Remuneration of Emergency Works

Emergency works are remunerated by the Employer for each work order on the basis of
estimated quantities, the unit prices being stated in the Schedule of Prices, and in
accordance with the relevant clauses of the GC. The work items and the unit prices to be
applied are specified in Section IV (Bidding Forms - Bills of Quantities) of this bidding
document.
In the event of unforeseen events, works shall be conducted as Emergency Works (Day
works). These Works shall be undertaken under Day works only where formally approved by
the Engineer. Works carried out under Day works shall be for minor items of works which are
not within the scope of Bill 1, 2 or 3 activities. The Contractor shall maintain detailed records
for the items of plant or materials utilised under Day works and shall obtain the Engineer’s
Surveillance Officer’s endorsement of the site dockets to verify times and quantities used.

In emergency incidents, where the emergency work is beyond the scope of RM

responsibilities and not listed in the schedule, the Contractor shall provide the Engineer a
full listing of costs in accordance with the rates tendered in Schedule 4 – Unit Item Rates
of this document. Once the site has been made safe, the Contractor is not to proceed with
remedial works until the approval of the Engineer is received.

7. Specifications for Emergency Works

7.1. Provision for Emergency Works

The total contract amount will include provisional quantities of Emergency Works during the
contract period, in accordance with the bidding data. The actual payments for Emergency
Work will be based on the tendered rates. The Emergency Works also includes a Provisional
Sum allowance in accordance with Clause 60 of the General Condition in the event of
addition unforeseen work is ordered by the Engineer.

7.2. Obligations during Emergency Events

Given the nature of this contract and the fact that Emergency Works are remunerated
separately, the Contractor will, during the execution of Emergency Works, continue to be
responsible for assuring the normal Service Levels on all roads included in the contract. In
particular, the Contractor will do everything reasonably possible to ensure the normal use
of all the roads under contract, including the sections affected by emergencies.

If road traffic has been interrupted because of an emergency, the Contractor will follow the
provisions of the Traffic Management Plan included in his Quality Assurance Plan and take
the measures necessary (i) to reopen the road to traffic in the shortest time possible, and
(ii) to maintain the road open during emergency works, without being entitled to a specific
compensation for those measures. This relates particularly to trees or other objects which
may have fallen on the road, damage to access ramps to bridges, erosion of embankments,
collapse of slopes, traffic accidents, flooding, etc.

The Contractor will not be subject to payment reductions for the partial or full traffic
interruption on roads that are caused by events necessitating the use of Emergency Works
for rectification, provided that he acts according to these Specifications.

7.3. Repair of Minor Damages

If the works necessary to remedy damages caused by an “Unforeseen Natural Phenomena”
are below certain threshold values, the Contractor will carry out those works as part of his
normal obligations / routine maintenance and without having the right to invoke the
provision of the contract concerning emergencies and the remuneration of emergency works.
In these cases the consent of the Engineer is not needed and the Contractor will simply carry
out the works on his own initiative. He will nevertheless inform the Engineerof the damages
occurred and the remedial measures taken.
The threshold values for minor repairs shall be defined as shown in the table below:

Activity Unit Threshold Quantity per

emergency event

Slides of material onto road m3 50

Washing out of Culverts Number 1

Bituminous concrete m3 20

Dense Bituminous Macadam m3 50

Concrete m3 5

Embankment m3 250
 PART-II

SPECIFICATIONS FOR ROAD MAINTENANCE WORKS

AND OPERATIONAL PROCEDURES

1. General
1.1 All materials, works and construction operations shall conform to the requirements
laid down in the “Specifications for Road and Bridge Works” (5th Revision), Ministry of Road
Transport and Highways, Published by Indian Roads Congress (IRC), New Delhi; IRC:82“Code
of Practice for Maintenance of Bituminous Surfaces on Highways” and IRC:SP:83 Guidelines
for Maintenance, Repairs and Rehabilitation of Cement Concrete Pavements” wherever
applicable. Where the Specification for a work is not given, sound engineering practice shall
be adopted to the satisfaction of the Engineer.
The Technical and Performance Specifications for Performance Based Maintenance
Contracts (PBMC) complement other specifications that are generally applicable in India for
use in the road sector. Notwithstanding the provisions of General conditions, the works and
materials used by the contractor shall comply with the requirements of relevant sections of
Ministry of Road Transport and Highways (MoRTH) specifications for Road and Bridge works
(5th Revision 2013, published by IRC) and these General Technical specifications shall form
part of the contract. Amendments to these MoRTH specifications shall be applicable to this
contract.
Reference to MoRTH Specifications.
The relevant sections from this document specific to, but not limited to, this contract
include the follows:
(a) General - Clauses 101 to 121
(b) Site Clearance - Clause 201, 202
(c) Earthwork, Erosion Control and Damage - Clauses 301 to 314
(d) Sub-bases (Non-bituminous) and Shoulders - Clauses 401 to 410
(e) Bases and Surface Courses - Clauses 501 to 520
(f) Geosynthetics - Clauses 701 to 708
(g) Traffic Signs, Markings and Road Appurtenances- Clauses 801 to 816
(h) Quality Control for Roadworks - Clauses 901 to 903
(i) Materials for Structures - Clauses 1001 to 1015
(j) Brick Masonry - Clauses 1301 to 1316
(k) Stone Masonry - Clauses 1401 to 1414
(l) Formwork - Clauses 1501 to 1513
(m) Steel Reinforcement (Untensioned) - Clauses 1601 to 1609
(n) Structural Concrete - Clauses 1701 to 1719
(o) Bearings - Clauses 2001 to 2010
(p) Open Foundations - Clause 2101 to 2108
(q) Sub-structures - Clause 2201 to 2210
(r) Concrete Super-structure - Clause 2301 to 2310
(s) Surface & Sub-surface Geotechnical Exploration - Clause 2401 to 2415
(t) River Training Work and Protection Work - Clause 2501 to 2510
(u) Expansion Joints - Clauses 2601 to 2615
(v) Wearing Coat and Appurtenances - Clause 2701 to 2709
(w) Repair of Structures - Clauses 2801 to 2815
(x) Pipe Culverts - Clauses 2901 to 2911
(y) Maintenance of Road - Clauses 3001 to 3005
 2 Traffic Management Plan
2.1 The Traffic Management Plan shall describe the procedures to be followed
and the arrangements to be made whenever the contractor carries out the various types
of physical activities that are planned and foreseeable under the Contract. The TMP
must have been approved by the Employer before the Contractor commences work that
affects traffic flows or pedestrian safety. It shall show the methods to be applied to ensure
(i) that traffic can continue to use the road safely and with only the inevitable degree of
disturbance, (ii) the safety of road users and of people near the road. TheTMP shall
show the location, types and numbers of traffic safety devices, barricades, warning signs,
flagmen, by-pass roads, deviations and the like to be deployed under various types of
work sites and traffic restrictions, such as the partial and full closure of traffic lanes,
closure of road shoulders and moving roadside activities such as grass cutting, etc. It shall
also cover the removal of all necessary traffic diversions and the reinstatement of the
land used for such diversions. In the preparation of the TMP the Contractor must ensure
a reasonable balance between the efficiency of his work operations and the minimization
of disturbances for road users, including pedestriansand non-motorized traffic.
The Traffic Management Plan establishes the practices for traffic management at work
sites. The Traffic Management Plan must be developed by the Contractor and agreed with
the Engineer. The Contractor shall effectively implement all traffic management
requirements in accordance with MoRTH Clause 112 and contract Technical Specifications
in respect of all works under the Contract.

The objectives of the Traffic Management Plan are to:

•Clearly define and document the responsibilities and chain of command for the
development, implementation and management of traffic control measures and
systems
• Establish the minimum requirements for temporary traffic control
• Establish the minimum geometric, cross section and surfacing standards for
temporary works
• Provide appropriate transitions and enable safe and efficient traffic flow into,
through and out of work sites
• Protect the Contractor’s personnel at all times
• Protect the Assets and the Contractor’s resources at all times.
• Meet the operational requirements for the road
The Traffic Management Plan must include at least the following:

• A documented process for preparation, review and approval of the Traffic

Management Plan
• A document tracking and control system to ensure that only the latest operative
copy of the Traffic Management Plan is in circulation
• Contact details for Contractor, Principal emergency services and other stakeholders
• Layout diagrams, method statements etc for implementation of traffic control while
undertaking each aspect of the Services (including site specific layout diagrams and
method statements if the Services require traffic control measures not covered by
standard codes of practice)
The Delivery Time for the initial Traffic Management Plan shall be not later than 21 days
after the Start Date.
If a particular situation arises which is not adequately foreseen in the Contractor’s general
TMP, the Contractor must prepare a specific TMP for that situation and submit it for approval
to the appropriate authorities (traffic police, local authorities, etc.). Such specificTMP must
also be prepared whenever works are planned near schools or other places with a high
concentration of pedestrians.

The cost of implementing the TMP is deemed to be included in the rates or prices for
rectification Works, Emergency Works, and Routine & Periodic Maintenance Services.

2.2 All maintenance works on the road shall be carried out in a manner which would
cause least interference to the traffic. In stretches where resurfacing or riding quality
improvement works are to be taken up, the Contractor during execution of work shall
provide and maintain proper passage for 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 his cost. The Contractor shall take prior approval
of the Engineer regarding traffic arrangements during construction.
2.3 All arrangements for traffic during construction shall be considered as incidental to
the work and shall be Contractor’s responsibility. The Engineer shall determine the penalty to
be imposed on the Contractor for deficiency in compliance to the requirement.

3 Quality Control
3.1 Quality control on materials and workmanship is the primary responsibility of the
Contractor. Quality control shall be exercised in accordance with the Quality Plan approved
by the Engineer. The Engineer may, during and after construction test the quality of
materials and work in order to verify conformance with the prescribed Specifications. To
meet the requirements of the Contract, the Contractor would submit Operation and
Maintenance Manual within 15 days of mobilization on ground. Every year maintenance
schedule would also be submitted by the Contractor. Engineer would review and approve
the Operation and Operation and Maintenance Manual and Maintenance schedule, and the
Contractor would carry out the work in line with the approved Operation and Operation
and Maintenance Manual and Maintenance schedule

4. Operational Procedures
The Operational Procedures described in this Section are to be applied in the
implementation of Performance Based Maintenance Contract (PBMC).

4.1 Inspection and Payment of Maintenance Services

The Contractor’s compliance with Operational Performance Measures (OPM‟s) is to be

assessed and verified through Formal Inspections, Informal Inspections, and other
inspections. This section specifies (i) the procedures to be applied for scheduling and
carrying out Inspections and (ii) the application of payment reductions in cases of non-
compliance of the Contractor with required Service Levels or other requirements.

The Inspections required to be conducted under the Contract, measurement of OPMs,

MPMs, Documentary submissions etc. shall be conducted through smart devices (e.g. Mobile
phone, Tablet etc.) or IT solutions as prescribed by the Employer from time to time.
However, in case, no IT solution in form of Web app / Maintenance app (developed by
employer) is available with the employer then the defect notification
through simple email / letter shall be considered as official communication. This
includes but not limited to reporting of defects by Contractor, AE/IE or the Employer,
submission of action taken reports by Contractor, verification of ATR by AE/IE, calculation
of financial liabilities etc. making own arrangement of any necessary devices (Smartphone,
Tablet, Computer etc.) as required.

The Payment for the work done as determined by the Contractor and certified by the AE/IE
will also be linked to the Web App based uploading of details of the work done with
reference to the Inspections so carried out as per directions of the Employer from time to
time in this regard.

4.1.1 Formal/ Verification Inspections by Engineer

The main purpose of the regular Formal Inspections is to verify the correctness of the
information presented by the Contractor in the Action Taken Report of remedial measures
about his own compliance with the Service Level requirements. The results of the Formal
Inspections are used for finalizing the monthly Interim Payment Certificate.

Formal inspections are scheduled in advance by the Engineer/ Employer and carried out
by the Contractor through his team with participation of the Engineer. The regular Formal
Inspections may be scheduled by the Engineer/ Employer once the Contractor has submitted
the ATR of remedial measures for any defect.

The Employer /Engineer must inform the Contractor’s Self-Control Unit of the date and
hour of the beginning of the Formal Inspection at least 12 hours in advance. The scheduling
of inspections between the Employer and the Contractor’s Team must be in writing, which
may include the use of e-mail or Web App/ Maintenance App. The Employer shall use the
official e-mail address of the Contractor which the Contractor must indicate in writing to
the Employer at the beginning of the Contract period.

Formal Inspections can also be scheduled to verify if the Contractor has remedied the causes
of earlier non-compliances within the time frame (Grace Period) granted by the Employer.
Failure to correct non-compliances within the specified Grace Period will lead to further
payment reductions for those non-compliances in the following Interim Payment
Certificate.

The Contractor is obliged to be present at the date, hour and location specified by the
Employer, providing the physical means (including equipment) needed for the inspection.
Both must have a signed hardcopy of the Contractor’s Action Taken Report of remedial
measure in hand. The main purpose of the Formal Inspection is to verify the information
provided by the Contractor in his Action Taken Report, for his own compliance with Service
Level requirements.

Should the Contractor fail to appear for (or participate in) a scheduled Formal Inspection,
having been requested to do so with at least 12 hours‟ notice, then the Employer/
Engineer may carry out the Formal Inspection without participation of the Contractor´s
staff. In such case, the determination of the Employer as to the nature and extent of the
defects and non-compliances detected shall be final and binding, with no possibility of
appeal or objection by the Contractor.

During the Formal Inspection the Employer and the staff of the Contractor shall travel in
the same vehicle along the road and stop as necessary, while verifying the information
provided by the Contractor in the Standard EXCEL Compliance Tables. This is to ensure that
the Contractor is immediately aware of any non-compliances identified by the
Engineer/ Employer. During the Formal Inspection any errors, discrepancies or
misrepresentations in the Compliance Tables presented by the Contractor, as well as their
locations and length, must be noted by the Engineer, communicated verbally to the
Contractor, and corrected on the Compliance ATR for Maintenance Services. The Employer
shall also indicate in the verified Action Taken Report any Grace Periods granted in
accordance with the Specifications for remedying the various non-compliances and inform
the contactor accordingly.

The Engineer must inform the Contractor of his intention to carry out a formal inspection
at least 12 hours in advance, indicating the exact date, hour and location where the formal
inspection is to begin. The Contractor is obliged to be present at the date, hourand
location specified by the Engineer, providing the physical means needed for the inspection.

In addition, the Employer shall also record any existing non-compliances which hadalready
been recorded during the previous month(s) and which have not been remediedby the
Contractor within the Grace Period granted by the Engineer, and apply thecorresponding
payment reductions for the full duration of the non-compliance.

During the formal inspection, the Engineer will prepare a brief Memorandum in which he
shall (i) describe the general circumstances of the Formal Inspection, including date, road
sections inspected, persons present, etc., (ii) show a list of all non-compliances detected
w.r.t Action Taken Report during the Formal Inspection and (iii) show the Grace Periods
granted by the Engineer to the Contractor for remedying each non-compliance. The specific
Grace Period for each non-compliance shall count from the last day of the Formal Inspection
during which the non-compliance was detected.

The Employer shall use the corrected Monthly Compliance Tables for Maintenance Services
for calculating the payment reductions for OPM‟s (and MPM‟s if applicable), and the total
amount to be paid for Maintenance Services. The Employer will then immediately transmit
his Memorandum and the corrected Compliance Tables to the Contractor, as input for the
Contractor‟s Monthly Statement.

If the Employer does not send his corrected Compliance Tables to the Contractor by the
7th day of the calendar month, the delay shall be added to the Contractor’s deadline for
submitting his Monthly Statement, which is normally due on the 10 th day of the calendar
month as per the General Conditions.

4.1.2 Self-Inspection by the Contractor

The purpose of this inspection is for self-assessment of the important aspects of road
maintenance which impact the road safety and traffic flow on the road. These inspections
shall be done by the Contractor itself to identify the defects on the stretch. Thefrequency
of these inspections can be daily, weekly, bimonthly or monthly as per frequency of
measurement defined in Annexure-E of Part-I of Section-7. Contractor shall submit the
inspections reports to the Engineer mentioning the defects identified during the inspection
in writing (through email) or Web App/ Maintenance App.

Daily Inspections by Contractor: All works being executed on a day shall be reported in
the daily report by the contractor and also defects w.r.t to the most important items to be
reported in this inspection. A tentative list of items for guidance are as under:
(i) Potholes
(ii) Raveling/ Rutting/ Cracking
(iii) Embankment Slope Protection & Rain cuts
(iv) Edge drop at shoulders
(v) Unevenness, vegetation growth & water stagnation on shoulder
(vi) Drainage Condition
(vii) Cleanliness of median & Vegetation affecting sight lines
(viii) Missing or deformed or non-reflective road signs/hazard markers
(ix) Missing or damaged crash barriers
(x) Road Studs
(xi) Pedestrian Guard Rails
(xii) Non-functioning Highway Lighting/Solar Blinker/ECB
(xiii) Riding quality at expansion joints
(xiv) Cracks/ settlement/ tilting/ spalling of all elements of sub-structure & super
structure
(xv) Cleanliness and functionality of toilets
(xvi) Theft or Vandalism of any highway asset
(xvii) Encroachment of NH Land
(xviii) Damaged Vehicles/ Dead Animals/ fallen trees, poles, debris on road.
(xix) Works executed on the day for the RFI/IFI Raised.

4.1.3 Weekly Joint Inspection by Contractor and Engineer

This inspection shall be conducted jointly by the Engineer and the Contractor. The purpose
of this inspection is to ascertain the service levels maintained by the Contractor and also
to ensure that the defects are being reported accurately by the contractor during their
Daily Inspections. Further, the items to be inspected/ reported in weekly inspection are
specified in Annexure-E. The geotag enabled video recording of the entire stretch during
the inspection shall be done by the contractor through camera attachment on the MMU.

4.1.4 Monthly Inspection by Contractor & Engineer with Employer

This would serve as the performance review of the service levels assessed by the engineer/
contractor which would also be used for interim payments calculation along with assessing
the deductions and penalties.

Note: Inspections w.r.t. all such requisite items/ assets defined in Annexure-E shall be
carried out as per specified frequency of inspection.

4.1.5 Bridge and Major Culvert Inspection (Bi-Annually)

The reason for Bridges‟ and Major Culverts‟ inspections is to ensure that the Contractors
are undertaking the required care of bridges and major culverts, other than those easily
seen during the monthly Conformance Inspection. Generally detailed bridge inspections are
not considered necessary as part of the Conformance Inspection as they are slow and time
consuming but should be undertaken at least six monthly or after any major flood. Items
requiring inspection are all defects, which may affect the structural integrity of the
structure including joints, superficial damage, batter protection and stream scour.

Defects to be Inspection Requirements

identified
Culvert and pit repair Bridge and Major Culvert Inspections are to be carried
 Structures out by an experienced officer of the Contractor initially
within 3 months of Start Date and then on a regular 6-
monthly basis or immediately after flooding, which
includes detailed visual inspections of all bridges and
major culvert structures for all structural defects,
superficial damage, batter defects and stream scour.
The information collected shall be submitted
incorporating all the defects pointed in the Inspection
as per Performa prescribed by the Engineer.

However, If during regular inspections, any defect in any Cross Drainage works / structures
comes in the notice of the Contractor / Engineer / Employer, then Contractor has to do
the detailed inspection of that Cross Drainage work / structure and take the remedial
corrective action as per the contract.

4.1.6 Night Inspection (Monthly)

The reason for Night Inspections is to ensure that when driving at night the road is safe and
signs easily visible. It will also provide the Contractor and the Engineer with a different
view of the road under night time driving conditions that may highlight deficiencies that
are not clearly visible during daylight hours. Conducted monthly, the Night Inspections are
to identify defective/non reflective or missing, signs, delineators, guideposts, hazard
markers, pavement markings and any potential hazards to the travelling public at night.
The speed should be kept to a level that allows the condition of the listed assets to be
observed clearly and serviceability easily assessed and recorded.

Defects to be identified Inspection Requirements

Sign maintenance Night Inspections are to be carried out by an
Guideposts, delineators experienced officer of the Contractor on a monthly
basis by driving all roads in each direction and to
and painted trees cover Standard Jobs as indicated by Inspection Type
“N”

The speed should be kept to a level that allows the

condition of the listed assets to be observed clearly.
The information collected shall be submitted
incorporating all the defects pointed in the Inspection
as per Performa prescribed by the Engineer.

4.1.7 Emergency Inspection

Emergency inspection is carried out, following notice by Engineer or the Employer.

Defects to be identified Inspection Requirements

Pavement cleaning Emergency Inspections are to be undertaken by
Culvert and pit cleaning and the Contractor immediately when notice is given,
stormwater drains by the Engineer or Employer including:
Culvert and pit repair callouts to road safety/traffic emergencies
Stream maintenance observation of a drainage structure, bridges and
Structures surface drains during and after heavy rainfall or
floods;
observation of safety barriers and road surface is
 safe after a road accident; and
landslip sites: The site is to be immediately made
safe, an estimate of equipment and materials
required for re-establishing (temporarily) the
facility.
The information collected shall be submitted
incorporating all the defects pointed in the
Inspection as per Performa prescribed by the
Engineer.

4.1.8 Informal Inspection by Engineer/ Employer

The Engineer/ Employer will also carry out Informal Inspections of the roads covered by the
Contract. The Employer/Engineer may do so on his own initiative, at anytime and anywhere
on the roads included in the contract. The Employer/Engineer must use his own means for
those inspections. If the Employer detects any road sections where the Service Level criteria
are not met, he shall promptly inform the Contractor in writing (which may be by e-mail or
Web App/ Maintenance App) of the defect identified, including its location within 12 hours,
in order to enable the Contractor to take remedial action as soon as possible.

The conduct of Informal Inspections by the Employer and the notification of any identified
non-compliances in no way affects the requirement for the Contractor to continuously monitor
road conditions and his own compliance with required Service Levels, and to rectify all
defects. It is the duty of the Contractor‟s team, not of the Engineer, to identify defects and
ensure their rectification in a timely manner.

4.1.9 Other Inspections

Commencement of the Contract – initial hand-over Inspection: The Employer and the
Contractor shall both actively seek to undertake a joint inspection of the roads included in
the contract when handing over the site to the Contractor, unless agreed otherwise between
the Contractor and the Engineer. The purpose of this Hand-over Inspection is to provide the
Contractor with the opportunity (i) to eliminate jointly with the Employer any uncertainties
over the precise location of the Contract boundaries and the start and end points of any road
or road section, and (ii) to highlight any locations or areas where significant deterioration or
damage has occurred between the time of bid submission and possession of the site, as a
direct result of unforeseeable events and/or natural phenomena which have occurred during
that time period (but not due to normal wear and tear resulting from road traffic). If such
deterioration or damage has occurred, the Contractor shall include a detailed description of
the damage and a price quotation for its repair, for consideration of the Employer.
The initial hand-over Inspection shall also be used to take time-lapse (or “hyper-lapse”) video
footing for all roads included in the contract, to establish a record of the road and its
immediate environment at the beginning of the Contract. This can be done using the time-
lapse video function available in all modern smartphones. [Note: It is recommended that this
is made a requirement for the Contractor to fulfil at the beginning of the Contract.]
If the joint hand-over inspection is not carried out for any reason, the Contractor must
nevertheless inform the Employer within 45 days after the Start Date of any damages or
defects which may have occurred during the time period between the submission of the
Contractor’s bid and the Start Date, for the remedying of which the Contractor plans to seek
compensation from the Employer. Failure of providing such information within 45 days after
the Start Date shall be interpreted as such damages or defects being non-existent.
The Contractor shall also highlight any other impediments to the Contractor’s program that
are the result of encroachments, the actions of other contractors, or social or environmental
issues and grievances requiring the Employer’s intervention. The Employer and the Contractor
may also take video and/or pictures of the roads during this Inspection to record the condition
at the time of Handover.
Inspections for Environmental and Social Assessment: The Contractor shall carry out the
inspections required under the relevant legislation, these Specifications, and the Contract,
and submit any required assessment reports.
Other Joint Inspections: The Employer or the Contractor may ask the other party at any time
to undertake other joint inspections, including during nighttime, with the objective to:
• Seek solution of Contract-related issues affecting all parties;
• Identify and investigate any necessary works which were not previously identified;
• Confirm actual progress on site towards the Contractor’s current Programme of
Performance; and
• Confirm that the social and environmental requirements have been complied withduring
the execution of the Contract.

End-of-Contract Inspections: The Employer and the Contractor shall undertake joint
inspections as needed, at the following times:
• No later than six (6) months before the end of the contract, with the purpose of
determining the extent of works and activities required to be completed before the end
of the contract execution period;
• No later than three (3) months before the end of the contract, with the purpose of
identifying any additional remedial works that need to be completed before the end of
the contract period; and
• No later than one month before the expiration of the Defects Liability Period, in order
to confirm that all required remedial works have been adequately completed.
• Any other inspections found necessary by the Engineer.

5. Payment Reductions for OPM’s

Payment Reductions for non-compliance with Operational Performance Measures (OPM‟s)
(herein non-compliance is defined as defects which are not rectified even after the end of
Time Limit prescribed in Annexure-E to bring the same within acceptable limit as stipulated
service level defined in Annexure-E) are normally expressed and calculated as a percentage
of the monthly lumpsum payment. This percentage is applied as First Day Deductions to non-
compliance which persists after the completion of time limit for rectification, and for the
length of road, which is non-compliant, with the minimum length being one (1) km. It is
further clarified that the entire road will be divided into consecutive
1 kilometer sections and any breach in service levels of such sections will lead to
deductions/penalties as per contract from the per kilometer lump sum payment for routine
maintenance. The basic principles to be applied for payment reductions are the following:

“First-day” Payment Reduction: Payment Reductions in general are meant for the
Contractor to continuously and proactively identify upcoming non-compliances and to carry
out necessary remedial measures quickly. The “First-day” payment reduction in particular
has the objective to ensure that the Contractor remedies defects quickly within time limit for
rectification prescribed in Annexure-E, without waiting for the verification Inspection as
specified in time schedule. The “first-day” payment reduction is the payment reduction for
one day of non-compliance on due date after lapse of the time limit for rectification in
Annexure-E. To be clear, “First-day” is the immediately succeeding day after last day of
the time limit given for rectification in Annexure-E. To be clear, “First-day” is applied
immediately at the instant the time limit given for rectification in Annexure-E is elapsed and
defect is not rectified. The reporting time, time limits for rectification and ATR submissions
time are recorded at hourly if not minute basis as there are defects in Schedule
E which have rectification period specified in exact hours as well.

Suspension of further payment reductions through granting of Grace Period: Payment

reductions are generally applied for each day during which the non-compliance persists.
However, if the non-compliance may persist after specified time limit which is beyond the
control of Contractor then in order to avoid severe payment reductions and to provide the
Contractor with the opportunity to remedy the non-compliance without incurring any payment
reductions (beyond the permitted rectification period as per Annexure-E) Engineer may grant
Grace Period to the Contractor. The granting of the Grace Period (applicable only in cases
where Contractor is not at default and request for Grace Period has been made before lapse
of permitted rectification period as per Annexure-E) shall suspend the “First- day” payment
reduction till completion of the Grace Period. The Grace Period will temporarily “stop the
clock” for “First Day” payment reductions as well as additional payment reductions, for the
duration of the Grace Period after the “first day”. If the Contractor remedies the non-
compliance within the Grace Period granted, there will not be any payment reduction for that
same non-compliance. The duration of the Grace Period for different types of defects should
not be more than 50% of the original Time Limit as per Annexure-E and may be granted by the
Engineer/ Employer for such delays for which proper justifications and reasons has to be
submitted by the Contractor. However, if the Contractor does NOT remedy the non-
compliance within the Grace Period, besides the First Daypayment reductions (for the month
when the defect was identified) a further payment reduction for all days of non-compliance
as per Note 1 below (starting from the next day after “First Day” and till last day of the defect
identification month) will be applied. In case, the non-rectification of defect is carried
forward to the next month, then the “First Day” payment reductions for that month for that
corresponding defect shall be deducted automatically on day one of that month and the
additional penalty as per Note 1 below shall continue till such day the actual rectification of
the defect is done by the contractor. In case, the defect is still not rectified and is carried
forward to yet another month, same methodology for deduction as described above shall be
used.
Note 1: In case no grace period is granted by the Engineer, additional payment reduction
for all days of non-compliance will start from the second day after the initial rectification
period as specified in Annexure-E and repeated defect ignore penalty @ 1000/- per defect
will also be levied until the non-compliance is remedied.
Note 2: If grace period for rectification of defect is required more than 50% then the Employer
has to examine and give necessary approval for the same.

Contractor’s obligation to inform Employer about completed remedial measures: As soon

as the Contractor has remedied the causes of a non-compliance with an OPM, he is obliged
to inform the Employer accordingly in writing which can be by e-mail (also through IT solution
or Web App/ Maintenance App) and to attach any supporting evidence, such as photographs
or video. The Engineer shall then decide if a follow-up inspection must be scheduled to verify
if the Contractor has remedied the non-compliance, or otherwise if the Employer accepts the
evidence provided by the Contractor as proof for the non-compliance having been remedied.
If the Contractor fails to provide such information to the Employer/Engineer in writing or as
defined by Employer, the Engineer shall continue toapply the further payment reduction
until such time when he receives the information from the Contractor on the remedial action
having been taken.

Correct Reporting of Compliance/ Remedial Measure by the Contractor (OPM-11): If more

than 10% of the ATRs submitted by the Contractor in the invoice month M have beenrejected
by Engineer, then 5% of overall lumpsum deduction shall be applied for that month
M. For eg. for the invoice month M, Let (A) be the total number of ATRs submitted by
Contractor and (B) be the subset of ATRs rejected by the AE. If more B/A*100 >= 10, then
deduction will apply as 5%. It should be ensured that no ATR submitted in Month M is pending
to be decided upon by engineer (accept or reject) at the time of clearing the bill by Engineer.

Non-recoverability of payment reductions: Payment reductions that have been applied

cannot be recovered later, even after the non-compliance which has been the cause of the
payment reduction has been remedied.

No time limit for payment reductions: If the Contractor fails to remedy a non-compliance
for which a payment reduction has already been applied during a Formal Inspection, the
respective payment reduction will continue to be applied in the same way to the following
Monthly Statement(s) for that particular cause of non-compliance, until the non-compliance
has been remedied, without a time limit being applied.

Multiple non-conformances and limitation for payment reduction: Payment reductions due
to specific non-conformances are cumulative. If a one-km section of road has several non-
compliances, then the payment reduction to be applied is the sum of the payment reductions
for each individual non-conformance. When an OPM (such as OPM-2) includes a group of Sub-
Measures (e.g. patching, cracking in Pavement, Potholes, etc.), then if theroad suffers
from several of these defects, the overall Payment Reduction is equal to the sum of each
individual payment reduction per type of defect. For accumulated OPM non- conformances
within any one-km section, the maximum cumulative payment reduction in one month shall
however be limited to 100 percent of the monthly lump-sum amount for Maintenance Services
payable for that one km of road.
The calculation of Payment Reductions for OPM’s is to be carried out as described below:
After the verification of Action Taken Report (ATR) for any defect, the Engineer/ Employer
shall apply the payment reductions for repair of that defect in the following way:
• For any non-compliances found during the verification inspection, the day after lapse of
the initial rectification period as per Annexure-E is to be considered as the “first day” of
non-compliance. The corresponding “First-day” payment reductions must be applied
immediately for the current month. Also, if the Contractor does NOT remedy the non-
compliance within the Grace Period besides the First Day payment reductions a further
payment reduction as per Note 1 of Clause 5 above shall be levied.
• Deleted

5.1 Sample Calculation for Non-Compliance of OPM-11 (Incorrect Reporting):

This OPM refers to the correctness of the information provided in the Contractor’s Monthly
Compliance Tables for Maintenance Services. Reduction with OPM-11 is triggered if the data
set supplied by the Contractor in the Monthly Compliance Tables for Maintenance Services for
a road is incorrect for more than 10% of the data on ATR. Compliance with OPM-11 is
calculated by comparing the data supplied by the Contractor in the Compliance Tables with
the verified data on ATRs provided through the Inspection by Engineer as per schedule. The
payment reduction is calculated as follows:
[Insert the Table for Calculation of payment reduction for OPM-11. The Sample Table below
applies if the OPM’s stated in these Sample Specifications are applied. If the number of OPM’s
is either reduced or increased, the Sample Calculation must be modified accordingly.]

Sample Calculation - Payment Reduction for OPM-11

Road Section Length (Km): 35
Monthly Full Payment amount for road Section (INR) 1,05,00,000
OPM-11 Unit rate for Non-compliance (%) 5
 OPM List Non-Compliance of OPM-9
Contractor’s Rejection of
Compliance/ ATR ATR by Engineer

No.
1 OPM-1.1 1 0
2 OPM-1.2 1 1
3 OPM-1.3 0 0
4 OPM-1.4 0 0
5 OPM-1.5 0 0
6 OPM-1.6 1 0
7 OPM-2.1 1 1
8 OPM-2.2 0 0
9 OPM-2.3 0 0
10 OPM-2.4 0 0
11 OPM-2.5 0 0
12 OPM-2.6 1 1
13 OPM-3.1 0 0
14 OPM-3.2 1 1
15 OPM-3.3 0 0
16 OPM-3.4 0 0
17 OPM-3.5 1 0
18 OPM-3.6 0 0
19 OPM-4.1 1 1
20 OPM-4.2 0 0
21 OPM-4.3 0 0
22 OPM-4.4 1 0
23 OPM-5 0 0
24 OPM-6 0 0
25 OPM-7 1 1
26 OPM-8 0 0
27 OPM-9 0 0
28 OPM-10 0 0
Total 10 6

10% of 10 would be 1, which means that if the number of Rejected ATR‟s is higherthan
1 than the Payment reduction is triggered and to be applied.
 mount of payment reduction: 5% of Monthly Rs. 5,25,000/-
Payment Amount of Routine Maintenance
for the full road section, resulting in INR

Note 1: Contractor will prepare the Monthly Table by furnishing the data regarding the
number of Action Taken Reports submitted to Engineer in writing (email) or through IT
solution or Web App/ Maintenance App as prescribed by Employer.

Note 2: Engineer shall carry out Inspection for the verification of remedial measures
reported by the Contractor as per prescribed inspection timeline. If any remedial measure
is not accepted by the Engineer, then the same will be added in the List of Rejected Action
Taken Reports. Number of Rejected ATRs will be used for the calculation of deduction for
Non-Compliance of OPM-11.

5.2 Payment Reduction Weightages for non-compliance of OPM:

Per Month Per Km Rate = A

Per Month Rate = A x Length of section for which routine maintenance section is
available = B
Deduction for non-compliance of service level (First Day Reduction) = C
Penalty for defect Ignore = D
Non-Compliance with other Service Levels w.r.t Roughness = E
Routine Maintenance Payable amount for the month = B-C-D-E

Table for Payment Reduction Weightages for non-compliance of OPM

Project Name -
Period - (month)
Total per km sections (i.e. total length of project) in Contract (X) -
Total Maximum Monthly Payment of Routine Maintenance (Y) -
Payment
Reduction
Non - Compliance Length in per km (5)x(7)x(Y)
Road Asset Description section
Service /
Level (X)
Criteria No. of Non-
Payment OPM Asset
Sl. Category Performance Reduction Deduction compliance
No. Type Parameter sections
% % (per km)
(1) (2) (3) (4) (5) (6) (7) (8)

Road User Service and Comfort

Flexible Potholes 10.00
Pavement# Rutting/ Settlement 2.00
#in case in Cracks, 1.00
1 any Corrugations and 0.75
section of Shoving 15.00
(a)
Roadway 1 km, both Bleeding
flexible 0.5
(FP) &
rigid Ravelling/ Stripping 0.75
pavement
 (RP) exist,
then the
15%
deduction
shall be
proportion
ally
divided
based on
actual
length of
FP/RP, so
that the
total
deduction
is limited
to 15%
Rigid Cracks 1.5%
Pavement# 1.5%
Spalls
#in case in Corner Breaks 1.5%
any 1.5%
section of Pot out and Potholes
1 km, both Faulting in cracks or 1.5%
flexible joints
(FP) &
rigid Joint Seal defects 1%
pavement Ravelling/Honey
(RP) exist, combed surface type 1%
then the and scaling
1 15% Polished 15.00
(b) deduction Surface/Glazing 1%
shall be
proportion Heave & Bump 1%
ally Depression 1%
divided
based on Drop Off 1%
actual
length of Blow up or buckling 0.5%
FP/RP, so Ponding 0.5%
that the
total
deduction Pumping 0.5%
is limited
to 15%
Embankment slope &
protection 2.00
Rain cuts
Unevenness on
shoulders
Embankme Vegetation growth on 3.00
2 nts & shoulders 9.00
Shoulders Unsealed Shoulders –
water stagnation
Edge drop
(Difference in height
at edge of pavement 4.00
shall not be morethan
30 mm)
 Reduction in
formation width by
20 cm – Formation
width must be
maintained as
indicated in typical
cross section
drawings
Repair of damaged
Kerb & Painting 2.00
Maintenance of
Height of Kerb 2.00
Cleanliness of Median
(removal of
vegetation &
garbage, trimming,
Kerb, pruning and making
Median & basin, watering) 5.00
3 14.00
Plantation Cutting the branches
of trees where it is
obstructing the vision
on shoulder/ median
Number of missing
plants
Deterioration in 5.00
health of median/
avenue plants
Replacement ofcover
slabs overdrain/ drain
cum footpath 1.00

Physical Condition &

4 Drainage Cleanliness (Removal 8.00
of silt, garbage, 3.00
sewage, etc.)
Water stagnation on
MCW/ SR/ Structures 4.00
Physical Condition &
Cleanliness
5 Footpath Repairs to damaged 1.00 1.00
footpath (tiles/paver
blocks)
Physical Condition &
Cleanliness (Removal
of dust, garbage, 1.00
vegetation)
Maintenance of
6 Separator Separator (CC 3.00
Barrier, Iron Grill,
Metal fencing) 2.00
including repair &
replacement
alongwith painting
Crash Physical Condition
0.50
(Painting & Cleaning)
Road Barriers
Furniture 1 (including Replacement of 3.00
parapet missing & damaged 2.50
walls for barriers (CC, MBCB)
 hill roads) including end
treatment, if any or
repair & replacement
of parapet wall in
case of hill roads
Guard rails Replacement/ Repair
2 and Painting 1.00 1.00
Road Replacement &
Signboards Repair of
& damaged/missing 5.00
3 Overhead boards including 6.00
Sign shape and location
Structures Retro reflectivity 1.00
Traffic Replacement &
blinkers, Repair of
Attenuator damaged/missing of
s, Anti these items including
4 Glare, shape and location 2.00 2.00
Noise Functionality as per
Barrier & IRC guidelines
Delineator
s
Road Replacement &
Studs, Repair of
Rumble damaged/missing of
5 Strips & these items including 2.00 2.00
Object shape, location &
Markers night visibility
Repair of faded/
Pavement missing marking
6 marking 5.00 5.00
Night Time
Reflectivity
Removal of rank
Minor vegetation, silt
Bridges clearance, garbage,
and etc. to ensure free
1 Pipe/box/s flow of water 4.00 4.00
lab
culverts Protection works in
good condition
Bridges Repairs to expansion
(including joints including
2.00
ROBs, cleaning & filling of
Flyover, sealant
2 etc. as Cleaning of drain 4.00
applicable) spouts 1.00
Structure -Wearing Painting of Parapets,
Course CC Barriers, etc. 1.00
Rusted
reinforcement
Bridge - Spalling of concrete
3 Superstruc 2.00 2.00
ture Delamination
Cracks wider than
0.30 mm
Cracks/spalling of
Bridge- concrete/rusted 0.50
4 substructu steel 1.00
re
Bearings (cleaning & 0.50
 greasing)
Bridge
Foundation Scouring around 1.00
5 foundations 1.00
s
Protection Protection works in
6 works good condition 1.00 1.00
Cleanliness &
1 Bus Bay Painting 1.00 1.00
Truck Lay Cleanliness &
2 Bye Repairing 1.00 1.00
Physical Condition of
Building
Regular Cleaning
Toilet (24x7)
Blocks at Condition of Basic
Rest Area/ Amenities
3 Toll Plaza/ 1.50 1.50
Repair of defects
Truck Lay (electrical, waterand
Project Bye sanitary
Facilities installations)
Continuous Water
Supply
Illumination:
Minimum 40 Lux
illumination on the
road surface
Highway No major/ minor
4 lighting failure in the lighting 1.50 1.50
system
Repair &
Replacement of
damaged poles/lights
Availability of Basic
Construction 0.75
Equipment
Availability of Bump
Integrator on 24 0.25
Other hours notice
Miscellan O&M Functionality of
eous 1 Canter 2.00
Mobile Maintenance 0.25
Assets Unit
Availability of
Equipments in Lab
and Calibration 0.75
Certificate

Deployment of
Ambulance Vehicle
including staff as per
Emergen IRC SP:84/87
cy specifications
Emergency
Response
System - 1 Response Functionality of 1.00 3.00
System Vehicle Tracking
Operatio
ns System (VTS)
Maintenance of
Proper registers
(Incident
 Management,
Equipments)
Deployment of Route
Patrol Vehicle
including staff as per
IRC SP:84/87
specifications
Functionality of
Vehicle Tracking 1.00
System (VTS)
Maintenance of
Proper registers
(Incident
Management,
Equipments)
Deployment of crane
of capacity not less
than 25 MT
Maintenance of 1.00
Incident Management
Register alongwith
Customer
Satisfaction Report
Documentation of
safety arrangements
Work
Zone Work Zone Review of safety
1 Safety arrangement 1.00 1.00
Safety
Validation of
documentation
Documentation of
action against
encroachment
Encroach Encroachm Validation of
ment 1 ent 2.00 2.00
documented
temporary/
permanent
encroachments
Usage of Mechanical
Overall Equipment 1.00
Project
Cleanline 1 Cleanliness 3.00
ss ROW 1.00
Project Facilities 1.00
Video Surveillance
System
Mobile Radio
Communication
System
Video Incident
Advance Detection System
Traffic (VIDS)
Manageme Vehicle
nt Systems Speed DisplayActuated
System
(ATMS)
Emergency Roadside
ATMS Telephone System
1 Variable Message 2.00 2.00
Sign (VMS) system
Meteorological Data
System (MET)
 Automatic Traffic
Counter-cum-
Classifier
Travel Time
Estimation System

Total Percentage 100.00

Note 1: The penalties calculated above are as per day penalties and would be applied on
non-compliance of service level immediately after the completion of specified Time Limit
of Rectification given in Annexure-E, which is denoted as C in the formula.

Note 2: In addition to above payment reduction, defect ignore penalty shall be levied as Rs.
1000/- per day of Payment Reduction on incremental daily basis after grant of grace period
for all days of non-compliance (starting from the second day after initial deduction and until
the non-compliance is remedied), which is denoted as D in above formula.

Note 3: In case of Non-Compliance with Service Levels parameter of Roughness (to be

assessed on bi-annual basis), certain penalties will be levied which is denoted as E in above
formula as below:

Roughness Level assessed Bi-annually for Flexible Pavements

S. No. Asset/ Performance Penalty
1 The roughness shall be measured just -
after completion of Initial rectification
work. In case the same is more than
3000 mm/km, then the contractor shall
have to proceed to execute PM works on
such sections as per directions of
Engineer. The work program earlier
submitted by the Contractor shall have
to be re-submitted with regards to such
situations.
2 In case periodic maintenance (PM) has Rs. 1,000/km/lane/month
been done as a part of Contract, the
roughness beyond 2200 mm/km for (this penalty shall continue till trigger of
each km of section for first year from next level of roughness compliance or
date of completion of PR or secondyear correction of the defect by the
from start date whichever is earlier, contractor, whichever is earlier)
shall be liable for penalty. Penalty will
be imposed for each km for non- Rs. 1,000/km/lane/month.
compliance
3 From second and third year after date
of completion of PM or third year from
start date whichever is earlier, the
roughness beyond 2500 mm/km for each
km of section, shall be liable for
penalty. Penalty will be imposed for
each km for non-compliance
 4 From fourth year after date of
completion of PM or fourth year from
start date whichever is earlier and
before handover of the stretch to
Authority, the roughness beyond 3000
mm/km for each km of section, shall be
liable for penalty. Penalty will be
imposed for each km for non-
compliance.
Note: The above criteria is only indicative and may be suitably modified as per
technical prudence of the tender issuing division/department.

Roughness Level assessed Bi-annually for Rigid Pavements

S. No. Asset/ Performance Penalty
1 The roughness shall be measured just -
after completion of Initial rectification
work. In case the same is more than
3000 mm/km, then the contractor shall
have to proceed to execute PM works on
such sections as per directions of
Engineer. The work program earlier
submitted by the Contractor shall have
to be re-submitted with regards to such
situations.
2 After Periodic Maintenance (PM) as a Rs. 1,000/km/lane/month
part of Contract, the roughness beyond
2400 mm/km for each km of section (this penalty shall continue till trigger
for first year from date of completion of of next level of roughness compliance or
IR, shall be liable for penalty. Penalty correction of the defect by the
will be imposed for each km for non- contractor, whichever is earlier)
compliance
Rs. 1,000/km/lane/month.
3 From second and third year after date
of completion of PM, the roughness
beyond 2700 mm/km for each km of
section, shall be liable for penalty.
Penalty will be imposed for each km for
non-compliance
4 From fourth year after date of
completion of PM or before handover of
the stretch to Authority, the roughness
beyond 3000 mm/km for each km of
section, shall be liable for penalty.
Penalty will be imposed foreach km for
non-compliance.

Note: The above criteria is only indicative and may be suitably modified as per
technical prudence of the tender issuing division/department.

Note 4: All Rates are after application of tender discount quoted by the contractor.

Note 5: Penalty for repeated non-compliances: In case the total payment deduction is
more than 50% for continuous three months or deduction is more than 25% for carriageway/
pavement parameter then Engineer/Employer has to issue cure period cum intention to
terminate notice of 30 days and thereafter the contractor has to achieve compliance of at
least 80% of all parameters & 95% compliance in carriageway/pavement parameter
respectively, by the end of the cure period duration, failing which employer can
proceed with termination of the contract stating the default of the contractor. In such cases
Employer shall also be entitled to get the work executed at Risk & Cost of the Contractor.

Note 6: Include HTMS/Ambulance/Crane/Patrolling Vehicle in payment reduction scheme

only if part of the scope of the instant OPBMC contract

Note 7: Add other project facilities in payment reduction scheme if available on the
project stretch and part of the scope of instant OPBMC contract

Payment Procedures
5.2.1 Payment for Initial Rectification Works (Bill No. 2):
As indicted in Bill of Quantities Chapter of Section-9

5.2.2 Payment for Periodic Renewal Works (Bill No. 3):

As indicted in Bill of Quantities Chapter of Section-9

5.2.3 Payment for Emergency Works (Bill No. 4):

As indicted in Bill of Quantities Chapter of Section-9

6 Adjustments to the scope of the contract (Variation)

6.2 Adjustments to Initial Rectification/ Periodic Maintenance/Routine Maintenance

Works
The Employer and the Contractor may agree on the execution of additional Initial
Rectification /Periodic Maintenance/ Routine Maintenance Works in case of
increase/decrease of linear road length as compared to originally stipulated in the Contract.
Such Works will be executed based on Change Orders in line with the relevant clauses of the
Contract, and following the procedures stipulated therein.

6.3 Adjustments to Road Network under contract

The General Conditions stipulate that the Employer may add new roads to this contract or
delete roads. Eliminating or adding road length to an existing Contract should be done
using the provisions of the Contract. The procedure for making a change to the contract
could however take several weeks until it takes effect. The Employer may at times wish to
exclude a road length with immediate effect, for reasons not related to the Contractor. In
this case, the Employer, through the Engineer, would (i) issue a “Notice of Suspension”,
specifying exactly which road section or segment is to be suspended with immediate effect
and at the same time (ii) issue a “Request for Change Proposal”, initiating thereby the
process for introducing the change in the contract.

The adjustment to the payment of the monthly Lump Sum payable for MaintenanceServices,
after any additions and deletions of roads or road sections, shall be calculated in accordance
with the following formula:
LSn= LS+/- [Ln (Km)
X
Lump Sum Price per KM for Maintenance Services of roads that are similar to those
added or deleted]

LS = The value of the Total Lump Sum as stated in relevant BOQ applicable
for original length of project as per Contract.
 LSn = The value of the adjusted Lump Sum applicable for NPS for the
Contract after the addition or deletion of road/road sections.
Ln = the length of the added or deleted road/road section

The Contractor is bound to calculate the reduction in the contract price (in case of
eliminating road length) on the basis of the actual rates and prices stipulated in the contract
which are applicable to the services and works on the specific road lengths (sections or
segments) which are to be eliminated.

6.4 Deleted

6.5 Health & Safety, Environmental and Social Requirements

The Contractor shall prepare and submit an Environment, Health and Safety
manual/plan (“Manual”), 7 (seven) days prior to Start Date, stipulating such health and
safety requirements:

• as set out in the Specifications

• that are required to be complied at the Site during the execution of Works
• that are necessary to effect and maintain a healthy and safe working
environment.

a) The Contractor shall, throughout the execution and completion of the Works, have
full regard to the safety of all persons deployed to the Project Highway for completion
of Works and keep the Site in an orderly state appropriate to the avoidance of danger
to such person, establish and execute traffic diversion and traffic management in
accordance with the safety requirements specified under Applicable Laws and the
Contract Agreement;

b) The Contractor shall provide and maintain at its own cost all cones, caution tapes,
batons, sign boards lights, guards, fencing, warning signs and flagmen, when and
where necessary or required by the Contractor or by any duly constituted authority
for the protection of the Works or the safety of the public or others;

c) The Contractor shall ensure that all the personnel engaged by it for the execution
and completion of Works under this Agreement are provided safety training, in
accordance with Applicable Law;

d) The Contractor shall take all reasonable steps to protect the environment and to
avoid damage and nuisance to person or to property of the public or others resulting
from pollution, noise or other causes arising as a consequence of the Works;

e) The Contractor shall comply with the relevant standards and practices in accordance
with the provisions of the Contract Agreement and all Applicable Laws and regulations
of the authorities in relation to safety and health in the executionof Works. The
Contractor shall be responsible for getting all relevant permits, permission, etc. from
all government agencies for their Works as given in Table 7.1 below;
f) Under dense traffic conditions and lane closures, the Contractor is required to provide
suitable and requisite manpower to supervise the Works in compliance with the
project requirements;

g) The Contractor shall provide all personal protective equipment (PPE) and safety
equipment i.e. safety helmets, safety jackets, safety shoes, safety cones and red
flags to the labours working on the Project Highway and at the Base Camp. Employer
will not be responsible for any fatal, major/minor injuries of the personnel related
to the Contractor;

h) The Contractor shall provide necessary medical facilities, hospitalization and medical
treatment as required for the labours engaged under their scope and shall indemnify
the Employer from such liabilities if such losses are suffered and incurred by the
Employer due to reasons not attributable to the Employer or its officials, partners,
affiliates, officers, employees, representatives, agents etc;

i) The Contractor shall obtain all necessary safety licenses and permits required under
all Applicable Laws for its labour/employees. The Employer will not be held
responsible for injury, death, partial disability, disease of occupational nature, loss
arising from unavoidable circumstances in the work area to the persons/employees.
The Contractor shall be responsible for the liability resulting from, brought for, or
on account of any personal injury or property damage of any persons or attributable
to any work performed under or related to this Agreement, resulting in whole or in
part from negligent acts or omissions of the Contractor, any subcontractor, or any
employee, agent, or representative of the Contractor or any subcontractor.

j) The Contractor shall ensure to assess and monitor the hiring, rules of conduct,
training, equipment and monitoring of appointed security personnel. Guards shall be
trained on the use of force, and that they act in alignment with the Voluntary
Principles on Security and Human Rights;

k) The Contractor shall obtain the relevant environmental licenses and permits and
comply with their requirements to the extent required for completion of the Works.
The Contractor shall comply with terms and conditions of environmental permits,
licenses, approvals if any procured by Employer in relation to execution of Works and
intimidated to it by the Company;

l) The Contractor shall establish an effective Grievance Redressal Mechanism for its
labours, workers and employee which will be monitored by the Employer;

m) The Contractor shall ensure that all the newly recruited contract workers, labours,
workmen, personnel have undergone the environment, health and safety training.
Further, an orientation/induction programme shall be organised by the Contractor on
educating the contract labour about Company’s internal rules and regulations
including governing hours of work and over-time, minimum wages and other
requirements/benefits as per labour laws and Grievance Redressal Mechanism;

n) educating them about Do’s and Don’ts aspects pertaining to health, safety and
environment; and

o) Contractor should provides accommodation, transportation, and basic services

including water, cooking fuel, sanitation, and medical care for the workers working
at site, in accordance with national regulations requirements
a) The Contractor shall take all precautions and actions as specified under Applicable
Laws, in relation to the Covid-19 pandemic, including all precautions and actions
stipulated by the Government of India and/or related state government from time
to time (“COVID-19 Regulations”).

Table 7.1: Applicable Environmental regulations

S. No. Document Submission Time

Consent to Establish (CTE) under Air
(Prevention & Control of Pollution) Act, 1981
Before Commencement of
1 and the Water (Prevention &Control of
Work
Pollution) Act, 1974 for Batch Mix Plant/Hot
Mix Plant, to be obtained from SPCB
Consent to establish and Consent to operate
under Air (Prevention & Control of Pollution)
Before Commencement of
2 Act, 1981 and the Water (Prevention & Control
Work
of Pollution) Act, 1974 for Diesel Generator sets
from SPCB (application)
NOC from Central Ground water Authority
(CGWA) or related State Ground Water Board
Before Commencement of
3 for ground water extraction, if any. In case
Work
water is supplied by tanker, same NOC from
water supplier

Authorization for Generation and Storage of

used oil/hazardous waste as per Hazardousand Before Commencement of
4
Other Wastes (Management and. Work
Transboundary Movement) Rules, 2016

Engagement of authorized stone crusher Before Commencement of

5
agency having NOC and Consent from SPCB Work
Applicable permit/consent for Borrow area Before and during
6 and quarries along with related compliances execution of Work (as
e.g., Royalty payment applicable)
Permission for Fuel storage and consumption Before Commencement of
7
in HMP operations from PESO Work
Consent to Operate (CTO) under Air
(Prevention & Control of Pollution) Act, 1981 Before Start of
8 and the Water (Prevention &Control of HMP/batching plant
Pollution) Act, 1974 for Batch Mix Plant/Hot Mix Operation*
Plant, to be obtained from SPCB.
Copy of Labour License, TIN, PAN, GST and
9 With First Bill
Registration copies
10 Copy of ESI / W.C. Policy With First Bill
Copy of EPF registration and documentary
11 With First Bill
evidence of payments
PUC for vehicles used for construction work Before commencement of
12
under Central Motor & Vehicle Act 1988 work
Evidence manifesting the construction With release of retention
13
camp/base camp and Hot Mix money after Project
S. No. Document Submission Time
Plan/machineries location restored to original closure
conditions post work completion
Closure/ Redevelopment of Borrow areas and With release of retention
14 mining area (as applicable) used for project as money after Project
per specified management plan closure

SPCB: State Pollution Control Board

PESO: Petroleum and Explosives Safety Organization
DRAWINGS AND SCHEDULE OF
DRAWINGS

214
 SECTION – 9

FINANCIAL BID FORM AND BILL OF

QUANTITIES
 FINANCIAL BID FORM
To,
General Manager (T)
National Highways Authority of India,
G-5 & 6, Sector-10, Dwarka,
New Delhi-110075

DESCRIPTION OF WORKS: BID FOR PBMC O&M work of 4 Laning of Simga-Sargaon (PKG -
II) of NH-200 section from Km 48+580 to Km 91+026 and Sargaon- Bilaspur (PKG - III)
of NH-200 section from Km 91+026 to Km 126.525 section of Raipur-Bilaspur in the
State of Chhattisgarh. on Performance based Maintenance Contracts (PBMC)
Reference letter No.
Dear Sir,
Having examined the site of works and Bid Documents, comprising Instructions to Bidders, Scope of
Works, Conditions of Contract, Technical Specifications, Bill of Quantities and schedules for the
execution of the above named works, we, the undersigned offer to execute and complete
such works and remedy any defects therein in conformity with the said bid documents at
tender premium as quoted in the Financial Bid.
2. We undertake, if our Bid is accepted, to commence the work within fifteen (15) days of
receipt of the order to commence, and to complete and deliver the sections and whole of
the works comprised in the contract within the period stated in the bid hereto.
3. If our Bid is accepted, we will furnish Performance Security (ies) in the form of a Bank
Guarantee to be jointly and severally bound on us, in accordance with the Conditions of
Contract.
4. We agree to abide by this Bid for a period of one hundred twenty (120) days from the last
date fixed for Bid Submission and it shall remain binding upon us and may be accepted
at any time before the expiry of that period.
5. We confirm our agreement to treat the Bid document and other records connected with the
works as secret and confidential documents and shall not communicate information
contained therein to any person other than the person authorized by the Employer or use
such information in any manner prejudicial to the safety and integrity of the works.
6. Unless and until an agreement is prepared and executed, this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us, but without
prejudice to your right to withdraw such acceptance without assigning any reasonsthereof.
7. We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this day of 20-----

Signature in the capacity of duly authorized**
To Sign Bid for and on behalf of

(in block capital letters)

Address:

Signature of Witness
Name of witness
Address of witness _
 Description of works
Financial Bid – Summary Abstract
of Bid Cost

Length of Project = 77.945 kms (L)

Summary of O&M Bills for Five year Duration

Total BOQ
Total BOQ Amount
S. no. Bill no. Description Amount
(in Rs.)
(in Cr.)
1 Bill no. - 01 Routine Maintenance (RM) 37,95,74,168 37.96
2 Bill no. - 02 Initial Rectification (IR) 3,97,17,353 3.97
3 Bill no. - 03 Periodic Maintenance (PM) 18,00,46,464 18.00
4 Bill no. - 04 Emergency Repair works 34,17,300 0.34
Total Bill no. 1 to 3 59,93,37,986 59.93
Total Amount Excluding GST 60,27,55,286 60.28
GST @ 18% 10,84,95,951.46 10.85
Total Amount including GST 71,12,51,237.38 71.13

Note: The rates and prices tendered in the BOQ shall include all equipment, tools, spares,
labour, supervision, overheads, consumables, materials, erection, maintenance, testing of
input material delivered, profit, taxes (excluding GST) and duties together with general
risks, liabilities and obligations set out and implied in the contract and other incidentals to
comply with the requirements of Standards and Specifications. The bids will be evaluated
based on Bid Price “D‟.
 BILL OF QUANTITIES

1. Preamble
i) The Bill of Quantities (BOQ) shall be read in conjunction with the Instructions to Bidders,
Conditions of Contract, Road Maintenance Standards and Specifications for Road
Maintenance Works. The following bills are included in this Contract:

I. Bill 1: Routine Maintenance Services in the form of the amount of the monthly lump-
sum payment demanded by the bidder according to the conditions of Contract. This will
be the monthly amount applicable throughout the duration of the Contract. There will
be no additional payment admissible on any context for ensuring the stipulated service
levels as per the Contract except as specified in Clause 6.2 of Part-II of Section-7
(Specifications for Road Maintenance Works and Operational Procedures)

II. Bill 2: Initial Rectification Works, in the form of a lump-sum amount while indicating
the quantities of measurable outputs to be executed in order that the road achieves the
performance standards specified in the bidding documents. The quantities given are for
bid purpose, but the contractor has to achieve the minimum specified intervention levels
and the payment to be made based on lump sum prices per km. The work programme for
each km of Initial Rectification with items wise quantities to be executed in each
kilometer along with financial weightage of all such works in that particular km shall be
submitted by the Contractor to Engineer. The Engineer will either accept or request the
contractor to modify the detailed work program km wise as per the actual condition of
site within 15 days of receipt of the work program. Decision of the Engineer shall be final
in regard of IR works to be executed at site. The Contractor shall request payment for
Initial Rectification Works in his Monthly Statement, which must be supported by the
Monthly Progress Report. The payment for the Initial Rectification works shall be made
monthly after effecting the reductions for taxes, retention money and advances etc.,
based on the completed length km wise on which such work has been completed as per
the approved work program by the Engineer. All such executed works shall be duly verified
and certified by the Engineer based on the joint site inspection.
There will be no additional payment admissible for works which might be executed
by the Contractor beyond the BOQ in the bid document under this Bill for ensuring the
stipulated service levels as per the Contract.
Sample calculation for payment :-
For Eg: The total Lumpsum Amount for Bill 2 (after tender discount/premium) is Rs.
50,00,000/-. Further, as per approved work programme the following weightages have
been finalized for Initial Rectification Works for 50 km (0.00 km to 50.00 km) project
stretch:
Chainage of Section Length of Section Financial Weightage in Total Bill 2 (in
%)
Km 0.00 to Km 1.00 1 15%
Km 1.00 to Km 2.00 1 0.5%
Km 2.00 to Km 30.00 28 0%
 Chainage of Section Length of Section Financial Weightage in Total Bill 2 (in
%)
Km 30.00 to Km 31.00 1 25%
Km 31.00 to Km 32.00 1 5%
Km 32.00 to Km 33.00 1 1.5%
Km 33.00 to Km 34.00 1 13%
Km 34.00 to Km 35.00 1 18%
Km 35.00 to Km 48.00 13 0%
Km 48.00 to Km 49.00 1 12%
Km 49.00 to Km 50.00 1 10%
Total 50 km 100%
In case in month “M”, the contractor does work from km 2.00 to km 33.00, then due the
payment for the month “M” shall be worked out as = Rs. 50,00,000 x [(30.00-2.00)x 0% +
(31.00-30.00) x 25% + (32.00-31.00) x 5%+ (33.00-32.00) x 1.5% = Rs. 15,75,000/-]
III. Bill 3: Periodic Maintenance Works, in the form of lump-sum amount per km length,
that will be measured and paid in accordance with the progress in the execution of those
measured outputs; periodic Maintenance works also includes road markings, provision of
road studs, gravel filling to match the shoulder level after laying renewal coat, which will
be paid on measured inputs basis.
The Employer shall provide the indicative assessed quantities of items along withamount
of such items as per applicable SOR i.e. the current SOR of the State Govt. wherein the
Highway stretch is located. The Contractor needs to make his own assessment of the
Items, Quantities and cost to maintain the Highway Stretch as per Service levels stipulated
in Contract Standards and Specifications, while quoting the percentage above or below
over and above the indicative estimated amount by the Employer.
Sample calculation for payment:-
In case the Lump Sum rate per km (for all lanes) for Periodic Maintenance Works (after
tender discount/premium) is Rs. 10,00,000/- and in any month “M”, work of PR has been
executed by the contractor for Km. 0.00 to 15.00 Km. (for all lanes) including all
associated works such as pavement markings, road studs etc. (as given in the BOQ) and
meeting the required service levels, then the payment for Periodic Maintenance Works
for Month “M” shall be worked out as = Rs. 10,00,000/- x (15.00-0.00) = Rs. 1,50,00,000/-
.
IV. Bill 4: Emergency Works: This Bid has indicative quantities and shall be executed as
per Project requirements with approval of the Engineer in emergency situation. Payments
will be made for each item on actual basis, in the amount of a lump-sumvalue
estimated by the Contractor and approved by the Engineer, on the basis of the estimated
quantities and on the quoted unit prices. In case of variation/ additional work items,
Materials, Labour, Equipment, then the provided in the indicated BOQ, are required,
payment for same will be admissible under variation at rates as per rates provided in the
BOQ adjusted for percentage above or below of the Bidder on total indicative amount of
the work assessed by the Employer.
i) In case of variation/ additional work items, Materials, Labour, Equipment,
 then the provided in the indicated BOQ, are required, payment for same will
be admissible under variation at rates provided in the BOQ adjusted for
percentage above or below of the Bidder on total indicative amount of the work
assessed by the Employer. For Non-BOQ items, applicable SOR rates ason bid
due date shall be applicable adjusted for percentage above or below of the
Bidder on total indicative amount of the work assessed by the Employer.
ii) The rates and prices tendered in the BOQ shall include all equipment, tools,
spares, labour, supervision, overheads, consumables, materials, erection,
maintenance, testing of input material delivered, profit, taxes (excluding GST)
and duties together with general risks, liabilities and obligations set out and
implied in the contract and other incidentals to comply with the requirements
of Standards and Specifications.
iii) Bill No. 1 shall include for costs associated with Contract obligations which are
not specifically provided for elsewhere, including, but without being limited
to; the provision of insurances, Security, implementing Quality Plan
requirements, HIV-AIDS Prevention measures, the maintenance and operational
costs of MMU, all social, environmental, safety and traffic management
requirements, conducting various Inspections, surveys etc.
iv) Performance assessment for performance based items of work, shall be done
through inspection by the Engineer at least two times during the month and
overall rating can be done on the basis of average of assessments made during
the inspection.
v) The Contractor shall submit at least once in two months video recording of
condition of the Project Highway with special emphasis on performance-based
items.
vi) For performance-based items of work, the Contractor shall be entitled for
receiving payment proportionate to the average percentage performance
assessed for achievement between as specified in Operational Performance
Measures
vii) General directions and descriptions of work and materials are not repeated or
summarized in the Bill of Quantities. References to the relevant sections of the
Contract documentation shall be made before entering rates or prices against
each item in the Bill of Quantities.
viii) The method of measurement of completed Routine Maintenance Services shall
be in accordance with the measurement and payment provisions of the relevant
section in the Specifications.
ix) Arithmetical errors discovered prior to award of the Contract will be corrected
by the Employer pursuant to the Instructions to Bidders.
 BILL NO. 1: ROUTINE MAINTENANCE SERVICES

1. Works to be undertaken under routine maintenance will cover all necessary

The Employer does not guarantee that for Initial Rectification Works stipulated in the
Contract Specifications are sufficient to reach the required Service Levels as Other works
that are not specifically required in the Specifications, may be needed. It is the Bidder‟s
responsibility at the time of preparing the Bid to assess the condition of the Highway
Stretches, and to price all such assessed and required works into the bid, as part of the
lump sum cost for Routine Maintenance Services.

2. Payment shall be made in accordance with the actual performance of the Contractor
and compliance with the Service Level criteria given in the Contract Specifications, for the
Highway Stretch. Failure to meet such Service Levels will result in payment reductions in
accordance with Clause 5.2 of Part-II of Section 7 (SPECIFICATIONS FOR ROAD MAINTENANCE
WORKS AND OPERATIONAL PROCEDURES) and the Performance Specifications.

Bill-01 : Routine Maintenance (RM)

Total Per Km Per Contract Total Amount (in
S
Description Length of Month Period in Rs.) (4) = (1) x (2)
No.
Project (1) Rate (2) months (3) x (3)
Routine Maintainence for
following sections:
1 Highway from Km. 91+026 to 77.945
Km. 126+525 of Sargaon-
As per SOP of Bilaspur section of NH-130/49
Ministry guidelines (Four lane with divided
dated 06-07-2023 carraigway with paved shoulder
a) 15.22 94050 60 85886460
and service road on either
sides)
(Four lane with divided
b) carraigway with paved 62.725 72675 60 273512363
shoulder)
AMC Charges for HTMS
2 77.945 4314 60 20175346
facilities

Total amount of Bill 01 379574168

 BILL NO. 2: INITIAL RECTIFICATION WORKS
1. The Bill of Quantities for Initial Rectification Works presents specific works that are
explicitly required under the Contract as a minimum other than routine maintenance works
to achieve the service levels. The Employer does not guarantee that for Initial Rectification
Works stipulated in the Contract Specifications are sufficient to reach the required Service
Levels as Other works that are not specifically required in the Specifications, may be needed.
It is the Bidder’s responsibility at the time of preparing theBid to assess the condition of the
Highway Stretches, and to price all such assessed and required works into the bid, as part
of the lump sum cost for Initial rectification works. The below given quantities (including
the thickness of various layers) are minimum values to be executed by the contractor and
there will be no additional payment under variation/ COS or any other context for work on
the project length as given in the tender, admissible for works included in this Bill, for
ensuring the stipulated service levels as per the Contract . The Initial Rectification Works
have to be done on the entire project length.
2. The total indicative items, quantities and rates by the Employer for Initial Rectification
Works under Bill No.2 is given as under:

Length of Project = 77.945kms (L)

Bill-02 : Initial Rectification (IR)

S CGSOR
Description Unit Qty. Rate(Rs.) Amount (Rs.)
No. 22 Ref
Repair of Joint Grooves with Epoxy Mortar or Epoxy
1 10.09 Rm 8500 658
Concrete MoRTH Specification No. 3005.1 55,93,000.00
Repair Involving Removal of Old Joint Sealant and
2 10.10 Sealing with Fresh Sealant in Cement Concrete Rm 8500 53
4,50,500.00
Pavements MoRTH Specification No. 3005.2
Repair of localized failed areas of PQC by marking
the area, removing the failed area using jack
hammer, saw cutting to full depth of PQC, replacing
Rate
3 membrane, clearing the area from dust and debris. Sqm 1200 2930
Analysis 35,15,832.00
Placing M-40 grade PQC in a depth equivalent to the
existing depth of PQC and installing existing
expansion joint/other joint (if there was one).
Full depth repair of PQC slab by removing the entire
slab and DLC and underneath layers if required.
Placing separation membrane, dowel bars 32 mm dia
4 6.04 X 500 mm long and tie bars 16 mm dia X 750 mm Cum 512.6625 6476
33,20,002.35
long, placing DLC if removed and PQC M-40 grade
complete as per the provision of IRC:15 and as per
directions of Engineer-in-Charge
Sealing of crack/porous concrete with Epoxy grout
by injection through nipples complete as per Clause
5 17.07 Kg 200 1774
2803 of Technical Specifications and as per approval 3,54,800.00
of the Engineer.
Applying Epoxy mortar over leached honey combed
and spalled concrete surface and exposed steel
6 17.08 reinforcement complete as per Technical Sqm 350 999
3,49,650.00
Specifications Clause 2804 and as per approval of the
Engineer.
 Construction of Shoulders (Construction of
shoulders as per clause 408 with selected soil from
borrow pits / borrow areas having CBR not less than
12 and shall have L.L. and P.I. not more than 25%
7 4.18 Cum 4500 428
and 6% respectively, inclusive of all leads and lifts, 19,26,000.00
including clearing and scrapping of existing surface,
providing required cross fall, compacting. watering
rolling and royalty charges etc. complete.

Lighting on Bridges (Providing and fixing lighting on

bridges, mounted on steel hollow circular poles of
standard specifications, 5 m high fixed on parapets
with cement concrete M-20 or by MS clamping on
8 8.26 (i) Each 50 64313
outer side of RCC crash barrier/parapet, 20 m apart 32,15,650.00
and fitted with sodium vapour lamp / LED
lamp, providing 2 coats of alluminium paint over
steel pole etc. complete).

LED Outdoor fittings 150W (Philips / Havells /

Equivalent) - Twin Arm/Single Arm- Fixture Used -
9 MR BRP322 LED 269 CW NR FG with Installation charges Nos 160 25000
40,00,000.00
including labor, transport & machinery for fixing of
new Poles

Metal Beam Crash Barrier -

Type-A, "W" : Metal Beam Crash Barrier (Providing
and erecting a "W" metal beam crash barrier
comprising of 3 mm thick corrugated sheet metal
beam rail, 70 cm above road/ground level, fixed on
ISMC series channel vertical post, 150 x 75 x 5 mm
spaced 2 m centre to centre, 1.8 m high, 1.1 m
below ground/road level firmly fixed to the ground
10 8.22
by means of foundation with M-15 grade cement Meter 3957 4107
1,62,51,399.00
concrete 30 x 30 x 110 cm, all steel parts and
fitments to be galvanised by hot dip process, all
fittings to conform to IS:1367 and IS:1364, metal
beam rail to be fixed on the vertical post with a
spacer of channel section 150 x 75 x 5 mm, 330 mm
long complete as per clause 811.3 (Chainage wise
details attached at Annexure-2)
Repair of steel railing (MBCB) : Repair of steel railing
to bring it to the original shape ( It is assumed that
11 17.23 damage to the steel railing is to the extent of 10 Meter 363
2,040 7,40,520.00
percent. )(Chainage wise details attached at
Annexure-2)
Total Bill-02 Amount
3,97,17,353.35
 BILL NO. 3: PERIODICAL MAINTENANCE WORKS
1. The Bill of Quantities presents estimated quantities of Items required for the Periodic
Maintenance work. The Employer shall provide the indicative estimated quantities to meet
Service Level requirements as per Contract Specifications as a guide to assist the Contractor
with the completion of this Schedule. The estimated quantities are indicative quantities as
determined by the Employer.
The Contractor needs to make his own assessment of the Items, Quantities and
cost for carrying out Periodical Maintenance works as per Service levels stipulated in
Contract standards and specifications. The quantities given below (including the thickness
of various layers) are minimum values to be executed by the contractor and No additional
payment under variation or COS for work on the project length as given in the tender, will
be admissible as regards ensuring the service levels as stipulated in the Contract except as
specified in Clause 6.2 of Part-II of Section-7 (Specifications for Road Maintenance Works
and Operational Procedures).

2. The total indicative items, quantities and rates by the Employer for the periodical
Maintenance works is as under:
Length of Project = 77.945kms (L)

Bill-03 : Periodic Maintenance (RM)

S CGSOR
Description Qty. Unit Rate(Rs.) Amount (Rs.)
No. 22 Ref
1 ROAD WORKS
Excavation in Soil (by Mechanical Means.) Excavation for
roadway in soil using mechanical means including loading
1.1 in tipper for carrying of cut earth to embankment site and
unloading with all lifts and lead upto 1000 meters as per -
relevant clauses of section 300.
a) All type of soil
a 3.03 200 Cum
100.00 20,000.00
b)Excavation in ordinary rock including loading in a truck
and carrying of excavated material to embankment site
b 3.04 with in all lifts and leads upto 1000 meters as per relevant 100 Cum
160.00 16,000.00
clauses of section 300.
Tack coat Providing and applying tack coat with bitumen
emulsion (RS-1, grade confirming to IS:8887) using
5.02 emulsion pressure distributor on the prepared
-
1.2 bituminous/granular surface cleaned with mechanical
broom and as per clause 503.

(ii) (ii) Granular surfaces treated with primes @ 0.30 kg /Sqm 135652.16 Sqm. 22
29,84,347.52
 Bituminous Overlay (Providing and laying bituminous
concrete with minimum 100-120 TPH capacity batch type
hot mix plant using crushed aggregates of specified
grading, premixed with bituminous binder @ 5.0 to 6.0%
by weight of total mix of mix and cement as a filler,
5.05 transporting the hot mix to work site, laying with a
-
hydrostatic paver finisher to the required grade, level and
1.3 alignment, rolling with smooth wheeled, vibratory and
tandem rollers to achieve the desired compaction as per
MORTH specification clause No. 507 complete in all
respects)
(i) for Grading-I(19 mm nominal size) with bitumen 5.2 %
[Add extra to the Rate of Bituminous Concrete with
(i) 6783 Cum 10423
bitumen, if Bitumen Grade VG-40 is used instead of 7,06,95,123.18
Bitumen Grade VG-30 in the items above.]
2 ROAD PROPERTY MANAGEMENT AND OTHER MAINTENANCE
Road Marking with Hot Applied Thermoplastic Compound
with Reflectorising Glass Beads on Bituminous Surface
(Providing and laying of hot applied thermoplastic
compound 2.5 mm thick including reflectorising glass
2.1 8.13 beads @ 250 gms per sqm area, thickness of 2.5 mm is 104135 Sqm
713.00 7,42,47,912.76
exclusive of surface applied glass beads as per IRC:35 .The
finished surface to be level, uniform and free from streaks
and
holes.)

Retro-reflectorized Traffic signs (Retro-reflectorized

Traffic signs (Providing and fixing of retro-reflectorized
cautionary, mandatory and informatory sign as per IRC:67
made of retroreflective type sheeting vide clause 801.3,
fixed over aluminum sheeting of required thickness
supported on a mild steel frame of size 40 x 40 x 5 mm
and mild steel angle iron post 75 mm x75 mm x 6mm -
2.2 firmly fixed to the ground by means of properly designed
foundation with M-15 grade cement concrete 45 cm x
45cm x 60cm, 60 cm below ground level as per approved
drawing and painting all components of the signs and
8.04 supports as per clause 7.2 of IRC:67 )
Made of Class-C Micro Prismatic Grade Sheeting of TypeXI
(for National Highways and State Highways) With
-
Aluminum Sheeting of 2 mm thickness

a 800 mm x 600 mm rectangular 48 Each 7837

3,76,176.00
b 900 mm equilateral triangle 72 Each 6364
4,58,208.00
c 900 mm high octagon 40 Each 10014
4,00,560.00
d 600mm circular 68 Each 5589
3,80,052.00
 Providing & Fixing Delineator made of M.S. Hollow
Rectangular Pipe (Conforming to IS: 4923) of cross section
96mmx 48mm of 1.20 meter length. The top of the
hollow pipe, welded and closed with 16 gauge M.S. Sheet.
The height of the Delineator above ground level should be
between 0.8 meter and 1.0 meter. The bottom of the
delineator should be provided with holdfast of length
15cm on each side. Delineator should be painted with
coat of Zinc Chromate stoving Prime and two coats of
2.3 8.50 330 Each 1913
Black Stove Enamel (Oven Baked) paint with 3nos. 15 cm 6,31,290.00
bands of white Retro-reflective Sheeting of Engineering
Grade pasted around the pipe and 2 Nos. High intensity
Grade Retro-reflective Sheeting of size 8 cm x 10cm
pasted on the top of each side of Delineator and treated
With HLVA & fixing the same in M-15 grade concrete
block of size 30x30x30cms including transportation etc.
complete. The construction and placement of the
delineator must be as per IRC: 79

Road Markers/Road Stud with Lens Reflector (Providing

and fixing of road stud 100x 100 mm, die cast in
aluminum, resistant to corrosive effect of salt and grit,
2.4 8.55 fitted with lens reflectors, installed in concrete or 6400 Each 440
28,16,000.00
asphaltic surface by drilling hole 30 mm upto a depth of
60 mm and bedded in a suitable bituminous grout or
epoxy mortar, all as per BIS:873, partIV:1973)
Providing and fixing retro-reflective stickers (Engineering
2.5 8.42 grade) of size 10cm X 5cm and other structure as per 10000 Nos 30.185
3,01,850.00
MOST Cl No. 801 and of Engineer in charge.
Providing and fixing Solar Blinker Light 300 mm dia, LED
Aspect made of FRP/Poly carbonate with battery backup
fitted on 150 mm dia MS pipe - 3.0 meter long from the
2.6 8.61 ground level, firmly fixed to the ground by mean of 20 Each 22500
4,50,000.00
properly designed foundation with M-15 grade cement
concrete 60cm x 60cm x
60cm, below ground level.
Kilo Meter Stone (Reinforced cement concrete M-15grade
kilometer stone of standard design as per IRC:8, fixing in
8.14
position including painting and printing etc) as per CG SOR -
22-23 8.14
2.7 (i) 5th kilometer stone 8 Each 4325
34,600.00
(ii) Ordinary Kilometer stone 4 Each 2510
10,040.00
(iii) Hectometer stone 24 Each 740
17,760.00
Informatory Sign
3
- - -
 Direction and Place Identification signs upto 0.9 sqm size
board. (Providing and erecting direction and place
identification retro-reflectorized sign as per IRC:67 made
of retro-reflective type sheeting and vide clause 801.3,
fixed over aluminum sheeting, 2 mm thick with area not
exceeding 0.9 sqm and fixed on a mild steel frame of size
a) 8.05 C 40 x 40 x 5 mm, supported on a mild steel single angle 14 No.
8,375.00 1,17,250.00
iron post of size 75 x 75 x 6 mm, firmly fixed to the ground
with M-15 grade cement concrete 45 x 45 x 60cm, 60cm
below ground level as per approved drawing)
Made of Class-A High Intensity Micro Prismatic Grade
Sheeting of Type I (for ODR & Village Roads)

Direction and Place Identification signs with size more

than 0.9 sqm size board. (Providing and erecting direction
and place identification sign as per IRC:67 made of
retroreflective type sheeting and vide clause 801.3, fixed
over aluminum sheeting, 2 mm thick with area exceeding
0.9 sqm and fixed on a mild steel frame of size 40 x 40 x 5
b) 8.06 A mm, supported on 2 Nos. mild steel angle iron posts of 20 No.
15,537.00 3,10,740.00
size 75 x 75 x 6 mm, firmly fixed to the ground with M-15
grade cement concrete 45 x 45 x 60cm, 60cm below
ground level as per approved drawing) Made of Class-C
Micro Prismatic Grade Sheeting of Type-XI (for National
Highways and State Highways)

4 Painting on Concrete Surfaces

-
One coat on old surfaces (Painting one or two coats after
4.1 8.08-B cleaning all dirt & dust, filling the surface with synthetic 6000 SQm 82
4,92,000.00
enamel paint in all shades on old concrete surfaces)
Painting on Steel Surfaces (Providing and applying two
coats of ready-mix paint of approved brand on steel
4.2 8.09 1000 SQm 76
surface after thorough cleaning of surface to give an even 76,000.00
shade)
Painting Lines, Dashes, Arrows etc on Roads in Two
Coats on Old Work (Painting lines, dashes, arrows etc on
roads in two coats on old work with ready mixed road
4.3 8.11 marking paint confirming to IS:164 on bituminous
-
surface, including cleaning the surface of all dirt, dust
and other foreign matter, demarcation at site and traffic
control) Rate as per CG SOR 2021-22 item no. 8.8 B

a (i) Over 10 cm in width 10000 SQm 163

16,30,000.00
b (ii) Upto 10 cm in width 10000 SQm 142
14,20,000.00
4.4 8.46 Painting, figuring and numbering as per IRC specification
-
d (i) 5th kilometer stone 12 Each 496
5,952.00
e (ii) Ordinary Kilometer stone 108 Each 214
23,112.00
f (iii) Hectometer stone 400 Each 30
12,000.00
g (iv) Boundry stone 20 Each 38
760.00
Painting on kerbs in black and yellow alternate bands
4.5 15.27 including cost of material and labour complete as per 311890 RM 62
1,93,37,180.00
drawings and specifications as per clause 803.
Painting on concrete surface of R.C.C. Railing (Providing
and applying 2 coats of water based cement paint to
unplastered concrete surface after cleaning the surface of
4.6 15.28 10000 Sqm 182
dirt, dust, oil, grease, efflorescence and applying paint @ 18,20,000.00
of 1 litre for 2
Sq.m. )
Repairing/Fixing new expansion joints, bearings etx., if
5
required
Replacement of bearings complete as per Technical
5.1 17.15 10 Each 47071
specification 4,70,710.00
Rectification of bearings complete as per Technical
5.2 17.16 20 Each 10606
specification 2,12,120.00
Replacement of Expansion Joints complete as per
5.3 17.17 81 RM 3441
drawings 2,78,721.00
Total amount of Bill 03
18,00,46,464.46
 BILL NO. 4: EMERGENCY WORKS

This Bill has indicative quantities and shall be executed as per project need and with
approval of Engineer. Separate work order to be issued by Engineer for such works. The same
will be payable at rates provided in the BOQ adjusted for plus/ minus quoted percentage by
the Bidder. For Non-BOQ items, payment shall be made on applicable SOR rates as on 28
days before the bid due date adjusted for percentage above or below as per the contract on
total indicative amount of the work as assessed by the Engineer with due escalation as per
the contract.

2. The overall quoted percentage by the Bidder on the indicative amounts for the stipulated
schedule items as below only shall be considered. Payment for the stipulated items will be
made on actual execution and its measurement basis after application of tender
discount/premium on the rates given by the Employer below:

Bill-04 : Emergency Repair works (RM)

S No. CGSOR 22 Ref Description Qty. Unit Rate(Rs.) Amount (Rs.)

4.A Machinery
Similar to 1.04
4.A.1 Truck Tipper (10 Tonne) 100 Hour 775 77500
(viii)

Similar to 1.04
4.A.2 Rubber Tyred Roller (15 100 Hour 1200 120000
(vii)
Tonne)
Similar to 1.04
4.A.5 Backhoe (JCB) 100 Hour 1150 115000
(vi)
Similar to DSR
4.A.6 2021, S.no. Loader (1/2 m3) 100 Hour 910 91000
0052
similar to 1.04
4.A.9 Hotmix Paver 100 Hour 1000 100000
(x)
Similar to 1.04 Vibrating Smooth Drum
4.A.10 100 Hour 600 60000
(vii) Roller 10 Tonne
4.B Materials
Similar to 1.05 Supply, Deliver and Place 10
4.B.1 100 Cum 1018 101800
(vii) mm Sealing Chips
Similar to 1.05 Supply, Deliver and Place 20
4.B.2 100 Cum 1206 120600
(v) mm Fine Crushed Rock
Supply, Deliver and Place 75
4.B.3 Similar to 4.14 100 Cum 1861 186100
mm Wet mix Macadam
Supply, Deliver and Place
4.B.4 Similar to 4.19 100 Cum 632 63200
Shoulder Material
Supply and Place Semi-
4.B.5 Similar to 5.03 100 Cum 6648 664800
Dense Bituminous concrete
Supply and spray 80/100
4.B.6 Similar to 5.14 100 Cum 15799 1579900
Bitumen
4.C Labour:
4.C.1 Supervisor 100 Day 478 47800
4.C.2 Ministry of Foreman 100 Day 418 41800
Labour &
Employement,
4.C.3 CG minimum Labourer 100 Day 478 47800
wages
(attached)
Total (indicative) amount of Bill 04
34,17,300.00
 SECTION – 10
SUMMARY OF ASSETS