Schedules of NH 752 Final
Schedules of NH 752 Final
Schedules of NH 752 Final
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule-A
1 The Site
(i) Site of the [Two-Lane] Project Highway shall include the land, buildings, structures
and road works as described in Annex-I of this Schedule-A.
(ii) The dates of handing over the Right of Way to the Contractor are specified in Annex-II
of this Schedule-A.
(iii) An inventory of the Site including the land, buildings, structures, road works, trees
and any other immovable property on, or attached to, the Site shall be prepared
jointly by the Authority Representative and the Contractor, and such inventory shall
form part of the memorandum referred to in Clause 8.2 (i) of this Agreement.
(iv) The alignment plans of the Project Highway are specified in Annex-III. In the case of
sections where no modification in the existing alignment of the Project Highway is
contemplated, the alignment plan has not been provided. Alignment plans have only
been given for sections where the existing alignment is proposed to be upgraded. The
proposed profile of the Project Highways shall be followed by the contractor with
minimum FRL as indicated in the alignment plan. The Contractor, however,
improve/upgrade the Road Profile as indicated in Annex-III based on site/design
requirement.
(v) The status of the environment clearances obtained or awaited is given in Annex-IV.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – I
(Schedule-A)
Site
[Note: Through suitable drawings and description in words, the land, buildings,
structures and road works comprising the Site shall be specified briefly but
precisely in this Annex-I. All the chainages/ location referred to in Annex-I to
Schedule-A shall be existing chainages.]
1. Site
The Site of the Two-Lane Project Highway comprises the section of National
Highway-752 commencing from 0+000 (Ambedkar Circle, Baran) to Km. 93+500 (km
380+500 on New NH-52) at Aklera. The land, carriageway and structures comprising
the Site are described below.
2. Land
The Site of the Project Highway comprises the land (sum total of land already
in possession and land to be possessed) as described below:
Chainage (km)
S. No. Right of Way (m) Remarks
Remarks
From To
1 0+000 1+200 15 – 25 meter Existing
carriageway
2 1+800 2+000 15 – 25 meter
width 7.00
3 2+000 3+900 15 – 25 meter Meter
3. Carriageway
NIL
4. Major Bridges
6. Grade separators
The Site includes the following grade separators:
7. Minor bridges
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
10. Culverts
The Site has the following culverts:
S. No. Chainage (km) Length (m) Left Hand Side Right Hand
Side
NIL
S. No. Chainage (km) Length (m) Left Hand Side Right Hand
Side
NIL
(NH: National Highway, SH: State Highway, MDR: Major District Road)
16. Bypasses
The details of the existing road sections proposed to be bypassed are as follows:
S. No. Name of Chainage (km) From Length (in
bypass km to km Km)
(town) NIL
[NIL]
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – II
(i)) (Schedule-A)
The dates on which the Authority shall provide Right of Way of Construction Zone to
the Contractor on different stretches of the Site are stated below:
Date of providing
Length Width
Sl. No From km to km Right of Way*
(m) (m)
(1) (2) (3) (4) (5)
1 0+000 1+200 1200 15-25 mtr
2 1+800 2+000 200 15-25 mtr
3 2+000 3+900 1900 15-25 mtr On Appointed Date
4 3+900 4+400 500 15-25 mtr
5 4+400 28+500 24100 15-25 mtr
6 28+500 29+000 500 15-25 mtr
7 29+000 30+700 1700 15-25 mtr
8 30+700 31+300 600 15-25 mtr
9 31+300 41+560 10260 15-25 mtr
10 41+560 42+400 840 15-25 mtr
11 43+900 44+100 200 15-25 mtr
12 47+400 50+650 3250 15-25 mtr
13 50+650 55+430 4780 15-25 mtr
14 55+430 59+100 3670 15-25 mtr
15 64+450 64+530 80 15-25 mtr
16 64+530 67+000 2470 15-25 mtr
17 67+00 72+000 5000 15-25 mtr
18 72+000 72+080 80 15-25 mtr
19 72+680 72+780 100 15-25 mtr
20 72+780 73+000 220 15-25 mtr
21 73+000 76+000 3000 15-25 mtr
22 76+000 78+750 2750 15-25 mtr
23 79+050 88+330 9280 15-25 mtr
*The dates specified herein shall in no case be beyond 150 (one hundred and fifty) days
after the Appointed Date.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex - III
(Schedule-A)
Alignment Plans
The existing alignment of the Project Highway shall be modified in the following
sections as per the alignment plan indicated below:
(i) The alignment of the Project Highway is enclosed in alignment plan. Finished
road level indicated in the alignment plan shall be followed by the contractor as
minimum FRL. In any case, the finished road level of the project highway shall
not be less than those indicated in the alignment plan. The contractor shall,
however, improve/upgrade the Road profile as indicated in Annex-III based on
site/design requirement.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(ii) Traffic Signage plan of the Project Highway showing numbers & location of
traffic signs is enclosed. The contractor shall, however, improve/upgrade upon
the traffic signage plan as indicated in Annex-III based on site/design
requirement as per IRC: SP: 99 & IRC: 67.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – IV
(Schedule-A)
Environment Clearances
Schedule - B
Annex – I
(Schedule-B)
Description of Two-Laning
(b) Except as otherwise provided in this Agreement, the width of the paved
carriageway and cross-sectional features shall conform to paragraph 1 (ii)
(a) above.
(i) General
Geometric design and general features of the Project Highway shall be in
accordance with Section 2 of the Manual.
(c) Design and specifications of paved shoulders and granular material shall
conform to the requirements specified in relevant the Manual.
(a) Lateral and vertical clearances at overpasses shall be as per paragraph 2.12
of the Manual.
(b) Lateral clearance: The width of the opening at the overpasses shall be
as follows:
Sl. Location of service Right hand side (RHS)/Left hand Length (km) of
No. road (from km to km) side (LHS)/ or Both sides service road
NIL
(b) In the case of grade separated structures, the type of structure and the level
of the Project Highway and the cross roads shall be as follows: [Refer to
paragraphs 2.14.2 of the Manual and specify the type of vehicular
underpass/ overpass structure and whether the cross road is to be carried
at the existing level, raised or lowered]
NIL
All intersections and grade separators shall be as per Section 3 of the Manual.
Existing intersections which are deficient shall be improved to the prescribed
standards.
5. Pavement Design
(i) Pavement design shall be carried out in accordance with Section 5 of the Manual.
(ii) Type of pavement:
The project highway is proposed to provide flexible pavement. The composition of
proposed pavement and their corresponding minimum thickness is given in the table
below confirming with section-5 of the manual:
Min. Min.
Min. Min. Thickne Thickne Min. Min. Min.
S No Thicknes Thicknes ss ss Thicknes Thicknes Thicknes
Crust s (mm) s (mm) (mm) (mm) s (mm) s (mm) s (mm)
composition TCS-I TCS-II TCS-III TCS-IV TCS-V TCS-VI TCS-VII
1 BC 40 40 40 - 40 40 -
2 DBM - 50 70 - 100 - -
3 WMM - - 150 - 250 - -
4 GSB - - - - 200 - -
5 DLC - - - 150 - - 150
6 PQC(M-40) - - - 250 - - 250
CT Sub - - - - -
7
Base 200 -
Total 40 90 460 400 590 40 400
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
The crust composition for flexible pavement designed by EPC contractor shall not be
lesser than the minimum crust composition corresponding to traffic of 50 MSA
(design life 20 years) with replacement of existing crust upto 1.0 meter depth as this
stretch lies in black cotton soil area (TCS-III) as per IRC 37-2018.
The crust composition for rigid pavement designed by EPC contractor shall not be
lesser than the minimum crust composition corresponding to traffic of 50 MSA as
per IRC 58-2015.
The crust composition designed by EPC contractor shall not be lesser than the
minimum crust composition mentioned above.
[Refer to paragraph 5.4, 5.9 and 5.10 of the Manual and specify design
requirements and strategy]
[Refer to paragraph 5.9.7 of the Manual and specify the stretches, if any, to
be reconstructed.]
The following stretches of the existing road shall be reconstructed. These shall
be designed as new pavement.
6. Roadside Drainage
Drainage system including surface and subsurface drains for the Project
Highway shall be provided as per Section 6 of the Manual.
Design Chainage
S.No (KM) Length (m) Lined/Unlined
From To
RCC Drain with Ferro
1 42+700 43+000 300
cover both side
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
7. Design of Structures
(i) General
(a) All bridges, culverts and structures shall be designed and constructed in
accordance with Section 7 of the Manual and shall conform to the cross-
sectional features and other details specified therein.
(b) Width of the carriageway of new bridges and structures shall be as follows:
[Refer to paragraph 7.1 (ii) of the Manual and specify the width of
carriageway of new bridges and structures of more than 60 (sixty) metre
length, if the carriageway width is different from 7.5 (seven point five)
metres in the table below.]
(ii) Culverts
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(a) Overall width of all culverts shall be equal to the roadway width of the
approaches.
(b) Reconstruction of existing culverts:
The existing culverts at the following locations shall be re-constructed as
new culverts:
[Refer to paragraph 7.3 (i) of the Manual and provide details]
(iii) Bridges
2 span @
3+500 6mtr (9mtr 14mtr Widening upto 14mtr.
1 width)
@ Attach cross-section
NIL
(ii) Specifications of the reflective sheeting. [Refer to paragraph 9.3 of the Manual
and specify]
(iii) Mandatory/Cautionary/Informatory Retro-reflective Sign Board:- 90 cm equilateral
triangle-102 Nos, 60 cm circular board 50 Nos, Chevron board 304 Nos,
Informatory sign board size 60 x 80 cm =40 Nos, Hazard marker 92 Nos, Cats eye
16462 Nos, Retro refective Name board size 600 x 900 = 44 Nos.
(iv) Center line/Stop line/ Edge Line/ Zebra crossing by Thermoplastic Compound of
with Type-1 Glass Beeds 2.5 mm thick & reflectorising Glass Beads type-2@ 250
gms per sqm =29645.87 Sqm.
(v) Synthetic enamel paint = 1570.94 Sqm.
(vi) 5th KM Stone-15 Nos, KM stone - 62Nos, 200 m stone & Boundary stone-310 Nos.
(vii) W Type metal beam crash barrier = 2000 running mtr length.
(viii) 600 mm dia NP-4 pipe - 30.0 mtr length,1000 mm dia NP-4 pipe - 15.0 mtr length.
9. Roadside Furniture
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(i) Roadside furniture shall be provided in accordance with the provisions of Section
11 of the Manual and IRC-67 (2012).
Annexure-A
(Schedule B)
Summary of Typical Cross Sections
SI.
Type Description Length (m)
No
1 I Typical Cross section of 4-Lane section 1200
2 II Typical Cross Section of Strengthening section 10450
3 III Typical Cross Section of Reconstruction section 27880
4 IV Typical Cross Section of Reconstruction CC Road section 1600
5 V Typical Cross Section of Widening section 10260
6 VI Typical Cross Section of Renewal section 25090
7 VII Typical Cross Section of CC Road (width 7.0 mtr ) section 200
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the
year 2021-22 (Total Length 76.680 Km) on EPC mode.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule – C
Project Facilities
1. Project Facilities
The Contractor shall construct the Project Facilities in accordance with the
provisions of this Agreement. Such Project Facilities shall include:
Schedule - D
1. Construction
The Contractor shall comply with the Specifications and Standards set forth in
Annex- I of this Schedule-D for construction of the Project Highway.
2. Design Standards
The Project Highway including Project Facilities shall conform to design requirements
set out in the following documents:
[all material, design and construction operations for the reconstruction & widening
are proposed conforming to the IRC:SP:73:2018 except with exception as per MoRTH
circular No. RW/NH-33044/22/2020-S&R(P&B), dated 17.07.2020 and earthen hard
shoulder of 1m wide. The overlay over flexible pavement shall be as per
IRC:115:2014. The nomenclature and clause numbers of the items shall be specified
as per MORTH Specifications for Roads and Bridges works (fifth Revision) and all the
works shall be executed strictly as per Ministry’s specifications/Ministry’s
circular/guidelines issued from time to time.]
The contractor shall set up and maintain an incident Management System and supply
regular incident statistics to the Employer.
Incident Management Services (IMS) shall include Rescue Ambulance, Route Patrol
Vehicle and Tow Away Crane. Operation of ambulance services, patrol vehicles and
tow away cranes shall be synchronized with toll-free no. 1033 or any other no.
applicable.
Incident Management entails a set of coordinated activities initiated by the contractor
when an incident (an extraordinary event resulting in the reduction of road capacity or
creates a hazard for users) occurs, in order to minimize the effects of the incident and
restore normal capacity and safety levels to all affected road facilities as efficiently as
possible.
The incident Management center on the project highway (minimum 500 sqm.) shall be
continuously staffed on a 24 hours basis. The Contractor shall maintain records of the
details of all incidents (e.g. collision, hazardous material, breakdown, etc.) after
occurrence of any major incident, resulting in multiple loss of life, significant periods
of road closure or major route rehabilitation work, an incident debriefing report shall
be produced and forwarded to the Employer within 24 hours of occurrence. The
incident Management Centre shall monitor the location of route of incident
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Patrol vehicles, including equipment and man power, shall conform to standard
specification issued vide Ministry’s Letter No. RW/G-23012/01/2019 W&A (Pt. III)
dated 09.02.2021 and any amendments/corrigendum issued from time to time or is
being issued in future in this regard.
The vehicle shall run minimum 5 km daily (even for dry run) and number of rescue
Ambulance provided shall be 1 No.
The vehicle shall be painted with approved colour pattern with road authority name and
emblem painted sides, back and front.
The vehicle shall run minimum 5 km. daily (even for dry run) and number of Tow Away
vehicles provided shall be 1 No.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – I
(Schedule-D)
All Materials, works and construction operations shall conform to the Manual of
Specifications and Standards for [Two-Laning of Highways (IRC:SP:73)], referred to as
the Manual, and MORTH Specifications for Road and Bridge Works. Where the
specification for a work is not given, Good Industry Practice shall be adopted to the
satisfaction of the Authority’s Engineer.
(iii) [Note 1: Deviations from the aforesaid Specifications and Standards shall be listed out
here. Such deviations shall be specified only if they are considered essential in view of
project-specific requirements.]
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - E
Maintenance Requirements
1. Maintenance Requirements
(i) The Contractor shall, at all times maintain the Project Highway in accordance with
the provisions of this Agreement, Applicable Laws and Applicable Permits.
(ii) The Contractor shall repair or rectify any Defect or deficiency set forth in
Paragraph 2 of this Schedule-E within the time limit specified therein and any
failure in this behalf shall constitute non-fulfillment of the Maintenance
obligations by the Contractor. Upon occurrence of any breach hereunder, the
Authority shall be entitled to effect reduction in monthly lump sum payment as
set forth in Clause 14.6 of this Agreement, without prejudice to the rights of the
Authority under this Agreement, including Termination thereof.
(iii) All Materials, works and construction operations shall conform to the MORTH
Specifications for Road and Bridge Works, and the relevant IRC publications.
Where the specifications for a work are not given, Good Industry Practice shall be
adopted.
rectification than the time specified herein, the Contractor shall be entitled to
additional time in conformity with Good Industry Practice. Such additional time
shall be determined by the Authority’s Engineer and conveyed to the
Contractor and the Authority with reasons thereof.
5. Emergency repairs/restoration
The Contractor shall, through its engineer, undertake a daily visual inspection of
the Project Highway and maintain a record thereof in a register to be kept in
such form and manner as the Authority’s Engineer may specify. Such record shall
be kept in safe custody of the Contractor and shall be open to inspection by the
Authority and the Authority’s Engineer at any time during office hours.
The Contractor shall carry out a detailed pre-monsoon inspection of all bridges,
culverts and drainage system before [1st June] every year in accordance with
the guidelines contained in IRC: SP35. Report of this inspection together with
details of proposed maintenance works as required on the basis of this inspection
shall be sent to the Authority’s Engineer before the [10th June] every year. The
Contractor shall complete the required repairs before the onset of the monsoon
and send to the Authority’s Engineer a compliance report. Post monsoon
inspection shall be done by the [30th September] and the inspection report
together with details of any damages observed and proposed action to remedy
the same shall be sent to the Authority’s Engineer.
Annex – I
(Schedule-E)
Repair/rectification of Defects and deficiencies
The Contractor shall repair and rectify the Defects and deficiencies specified in this
Annex-I of Schedule-E within the time limit set forth in the table below.
ROADS
(c) Road side furniture including road sign and pavement marking
(iii) Deterioration in health of trees and bushes Timely watering and treatment
Bridges
(a) Superstructure
(e) Joints
Schedule - F
Applicable Permits
1. Applicable Permits
(i) The Contractor shall obtain, as required under the Applicable Laws, the
following Applicable Permits:
(a) Permission of the State Government for extraction of boulders from quarry;
(b) Permission of Village Panchayat and Pollution Control Board for
installation of crushers;
(c) Licences for use of explosives;
(d) Permission of the State Government for drawing water from river/reservoir;
(e) licences from inspector of factories or other competent Authority for
setting up batching plant;
(f) Clearance of Pollution Control Board for setting up batching plant;
(g) Clearance of Village Panchayat and Pollution Control Board for setting
up asphalt plant;
(h) Permission of Village Panchayat and State Government for borrow earth;
and
(i) Any other permits or clearances required under Applicable Laws.
Schedule – G
Annex-I
(See Clause
7.1)
[DG (RD)&SS,
Ministry o f Road Transport & Highways Transport B h a w a n , N e w
D e l h i ] WHEREAS:
(C) We, ………………….. through our branch at …………………. (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the “Guarantee”)
by way of Performance Security.
1. The Bank hereby unconditionally and irrevocably guarantees the due and
faithful performance of the Contractor’s obligations during the
{Construction Period/ Defects Liability Period and Maintenance Period}
under and in accordance with the Agreement, and agrees and undertakes to
pay to the Authority, upon its mere first written demand, and without any
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
2. 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],
that the Contractor has committed default in the due and faithful
performance of all or any of its obligations under and in accordance with
the Agreement shall be conclusive, final and binding on the Bank. The Bank
further agrees that the Authority shall be the sole judge as to whether the
Contractor is in default in due and faithful performance of its obligations
during and under the Agreement and its decision that the Contractor is in
default shall be final and binding on the Bank, notwithstanding any
differences between the Authority and the Contractor, or any dispute
between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason
whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act
as if the Bank were the principal debtor and any change in the
constitution of the Contractor and/or the Bank, whether by their absorption
with any other body or corporation or otherwise, shall not in any way or
manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the
Authority to proceed against the Contractor before presenting to the Bank
its demand under this Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the
liability of the Bank under this Guarantee, to vary at any time, the terms and
conditions of the Agreement or to extend the time or period for the
compliance with, fulfillment and/ or performance of all or any of the
obligations of the Contractor contained in the Agreement or to postpone for
any time, and from time to time, any of the rights and powers exercisable by
the Authority against the Contractor, and either to enforce or forbear from
enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be
released from its liability and obligation under these presents by any exercise
by the Authority of the liberty with reference to the matters aforesaid or by
reason of time being given to the Contractor or any other forbearance,
indulgence, act or omission on the part of the Authority or of any other
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
matter or thing whatsoever which under any law relating to sureties and
guarantors would but for this provision have the effect of releasing the Bank
from its liability and obligation under this Guarantee and the Bank hereby
waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other
guarantee or security now or which may hereafter be held by the Authority
in respect of or relating to the Agreement or for the fulfillment, compliance
and/or performance of all or any of the obligations of the Contractor under
the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank
under this Guarantee is restricted to the Guarantee Amount and this
Guarantee will remain in force for the period specified in paragraph 8 below
and unless a demand or claim in writing is made by the Authority on the
Bank under this Guarantee all rights of the Authority under this Guarantee
shall be forfeited and
The Bank shall be relieved from its liabilities hereunder.
(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
$ Insert date being 2 (two) years from the date of issuance of this Guarantee (in
accordance with Clause 7.2 of the Agreement).
well as of issuing branch should be mentioned on the covering letter of
issuing branch.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – II
(Schedule - G)
(See Clause
19.2)
[DG (RD)&SS,
(A) [name and address of contractor] (Hereinafter called the “Contractor") has
executed an agreement (hereinafter called the “Agreement”) with the [name
and address of the authority], (hereinafter called the “Authority”) for the
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400,
43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to 78/750,
79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22
(Total Length 76.680 Km) on Engineering, Procurement and Construction
(the “EPC”) basis, subject to and in accordance with the provisions of the
Agreement
(B) In accordance with Clause 19.2 of the Agreement, the Authority shall make to
the Contractor an interest bearing @Bank Rate + 3% advance payment
(herein after called “Advance Payment”) equal to 10% (ten per cent) of the
Contract Price; and that the Advance Payment shall be made in two
installments subject to the Contractor furnishing an irrevocable and
unconditional guarantee by a scheduled bank for an amount equivalent to
110% (one hundred and ten percent) of such installment to remain effective
till the complete and full repayment of the installment of the Advance
Payment as security for compliance with its obligations in accordance with
the Agreement. The amount of {first/second} installment of the Advance
Payment is Rs. ------ cr. (Rupees ------ crore) and the amount of this
Guarantee is Rs. ------- cr. (Rupees ------ crore) (the “Guarantee Amount”)$.
(C) We, ………………….. through our branch at …………………. (the “Bank”) have agreed
to furnish this bank guarantee (hereinafter called the “Guarantee”) for the
Guarantee Amount.
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
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 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.
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.
(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.
$ Insert a date being 90 (ninety) days after the end of one year from the date of
payment of the Advance payment to the Contractor (in accordance with Clause
19.2 of the Agreement).
(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.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - H
46
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
47
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
48
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
a. lined 5.50%
b. unlined
(viii) RE Wall
Item Weightage Stage for Payment Percentage
in % of CP weightage
(1) (2) (3) (4)
(ix) Street Lighting, High mask light
(xii) ATMS
49
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Percentage
Stage of Payment Payment Procedure
weightage
Unit of measurement is linear
(4) Non bituminous Base course 1.57%
length. Payment of each stage
(5) Bituminous Base course 10.31% shall be made on pro rata basis on
completion of a stage in full length
(6) Wearing Coat or 5(five) km length, whichever is
15.85%
less.
50
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680
to 78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
3.73%
(4) Pavement Quality Control
(PQC) Course
Percentage
Stage of Payment Payment Procedure
weightage
@ For calculation of payment stage for main-carriageway the project length shall
be converted into equivalent 2 lane length. For example, if the total length of 4
lane main carriageway is 100 km, then the equivalent length for calculation of
payment stage will be 2 x 100 km. Now, if the total length of bituminous work to
be done is 100 km, the cost per km of bituminous work shall be determined as
follows:
Cost per km = P x weightage for road work x weightage for bituminous work x
(1/L)
Where
P = Contract Price
52
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Similarly, the rates per km for other stages shall be worked out accordingly.
Note: The length affected due to law and order problems or litigation during
execution including the length not handed over to the Contractor under clause
8.3 of this Contract Agreement due to which the Contractor is unable to execute
the work, may be deducted from the total project length for payment purposes.
The total length calculated here is only for payment purposes and will not affect
and referred in other clauses of the Contract Agreement
Table 1.3.2
53
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
b) Wayside Amenities
excluding Slip Roads & but
including all internal roads
(Service areas including Truck
Lay-Byes)
c) Others (Kerb Stone)
55
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(a) The cost for maintenance shall be as stated in Clause 14.1 (v).
(b) Payment for Maintenance shall be made in accordance with the
provisions of Article 14 and Article 19.
56
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - I
Drawings
1. Drawings
In compliance of the obligations set forth in Clause 10.2 of this Agreement, the
Contractor shall furnish to the Authority’s Engineer, free of cost, all Drawings listed
in Annex-I of this Schedule-I.
2. Additional Drawings
If the Authority’s Engineer determines that for discharging its duties and functions
under this Agreement, it requires any drawings other than those listed in Annex-I, it
may by notice require the Contractor to prepare and furnish such drawings
forthwith. Upon receiving a requisition to this effect, the Contractor shall promptly
prepare and furnish such drawings to the Authority’s Engineer, as if such drawings
formed part of Annex-I of this Schedule-I.
57
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – I
(Schedule - I)
List of Drawings
[Note: The Authority shall describe in this Annex-I, all the Drawings that the Contractor
is required to furnish under Clause 10.2.]
58
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - J
During Construction period, the Contractor shall comply with the requirements
set forth in this Schedule-J for each of the Project Milestones and the
Scheduled Completion Date. Within 15 (fifteen) days of the date of each Project
Milestone, the Contractor shall notify the Authority of such compliance along
with necessary particulars thereof.
2. Project Milestone-I
(i) Project Milestone-I shall occur on the date falling on the 1 2 8 t h day from the
Appointed Date (the “Project Milestone- I”).
(ii) Prior to the occurrence of Project Milestone-I, the Contractor shall have
commenced construction of the Project Highway and submitted to the Authority
duly and validly prepared Stage Payment Statements for an amount not less than
10% (ten per cent) of the Contract Price.
3. Project Milestone-II
(i) Project Milestone-II shall occur on the date falling on the 2 1 9 t h day from the
Appointed Date (the “Project Milestone- II”).
(ii) Prior to the occurrence of Project Milestone-II, the Contractor shall have
continued with construction of the Project Highway and submitted to the
Authority duly and validly prepared Stage Payment Statements for an amount not
less than 35% (thirty five per cent) of the Contract Price and should have started
construction of all bridges
4. Project Milestone-III
(i) Project Milestone-III shall occur on the date falling on the 3 1 0 t h day from the
Appointed Date (the “Project Milestone- III”).
(ii) Prior to the occurrence of Project Milestone-III, the Contractor shall have
continued with construction of the Project Highway and submitted to the
Authority duly and validly prepared Stage Payment Statements for an amount not
less than 70% (seventy per cent) of the Contract Price and should have started
59
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(ii) On or before the Scheduled Completion Date, the Contractor shall have
completed construction in accordance with this Agreement.
6. Extension of time
60
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - K
Tests on Completion
(i) The Contractor shall, no later than 30 (thirty) days prior to the likely completion
of construction, notify the Authority’s Engineer and the Authority of its intent to
subject the Project Highway to Tests, and no later than 10 (ten) days prior to the
actual date of Tests, furnish to the Authority’s Engineer and the Authority
detailed inventory and particulars of all works and equipment forming part of
Works.
(ii) The Contractor shall notify the Authority’s Engineer of its readiness to subject
the Project Highway to Tests at any time after 10 (ten) days from the date of such
notice, and upon receipt of such notice, the Authority’s Engineer shall, in
consultation with the Contractor, determine the date and time for each Test and
notify the same to the Authority who may designate its representative to witness
the Tests. The Authority’s Engineer shall thereupon conduct the Tests itself or
cause any of the Tests to be conducted in accordance with Article 12 and this
Schedule-K.
2. Tests
(i) Visual and physical test: The Authority’s Engineer shall conduct a visual and
physical check of construction to determine that all works and equipment forming
part thereof conform to the provisions of this Agreement. The physical tests shall
include [***].
(ii) Riding quality test: Riding quality of each lane of the carriageway shall be
checked with the help of a Network Survey Vehicle (NSV) fitted with latest
equipments and the maximum permissible roughness for purposes of this Test
shall be 2,000 (two thousand) mm for each kilometer.
(iii) Tests for bridges: All major and minor bridges shall be subjected to the
rebound hammer and ultrasonic pulse velocity tests, to be conducted in
accordance with the procedure described in Special Report No. 17: 1996 of the
IRC Highway Research Board on Nondestructive Testing Techniques, at two spots
in every span, to be chosen at random by the Authority’s Engineer. Bridges with a
span of 15 (fifteen) metres or more shall also be subjected to load testing.
61
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(iv) Other tests: The Authority’s Engineer may require the Contractor to carry out
or cause to be carried additional tests, in accordance with Good Industry
Practice, for determining the compliance of the Project Highway with
Specifications and Standards, except tests as specified in clause 5, but shall
include measuring the reflectivity of road markings and road signs; and
measuring the illumination level (lux) of lighting using requisite testing
equipment.
(v) Environmental audit: The Authority’s Engineer shall carry out a check to determine
conformity of the Project Highway with the environmental requirements set forth in
Applicable Laws and Applicable Permits.
(vi) Safety Audit: The Authority’s Engineer shall carry out, or cause to be carried out, a
safety audit to determine conformity of the Project Highway with the safety
requirements and Good Industry Practice.
All Tests set forth in this Schedule-K shall be conducted by the Authority’s
Engineer or such other agency or person as it may specify in consultation with the
Authority.
4. Completion Certificate
5. The EPC contractor will carry out tests with following equipment at his own cost
in the presence of Authority’s Engineer representative.
62
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
63
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - L
(See Clause
12.2)
Completion Certificate
(Signature)
(Name)
(Designation)
(Address)
64
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - M
(i) Monthly lump sum payments for maintenance shall be reduced in the case of
non- compliance with the Maintenance Requirements set forth in Schedule-E.
(iii) The Authority’s Engineer shall calculate the amount of payment reduction on
the basis of weightage in percentage assigned to non-conforming items as given in
Paragraph 2.
65
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(ii) The amount to be deducted from monthly lump-sum payment for non-
compliance of particular item shall be calculated as under:
Where,
P= Percentage of particular item/Defect/deficiency for deduction
M1= Monthly lump-sum payment in accordance para 1.2 above of this Schedule
M2= Monthly lump-sum payment in accordance para 1.2 above of this Schedule
For any Defect in a part of one kilometer, the non-conforming length shall be
taken as one kilometer.
66
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - N
(i) The provisions of the Model Request for Proposal for Selection of Technical
Consultants, issued by the Ministry of Finance in May 2009, or any substitute
thereof shall apply for selection of an experienced firm to discharge the functions
and duties of an Authority’s Engineer.
2. Terms of Reference
The Terms of Reference for the Authority’s Engineer (the “TOR”) shall
substantially conform with Annex 1 to this Schedule N.
67
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Annex – I
(Schedule -N)
1. Scope
(i) These Terms of Reference (the “TOR”) for the Authority’s Engineer are being
specified pursuant to the EPC Agreement dated ........... (the “Agreement), which
has been entered into between the [name and address of the Authority] (the
“Authority”) and .......... (the “Contractor”)# for Strengthening/ Reconstruction
from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100,
64/450 to 72/080, 72/680 to 78/750, 79/050 to 88/330 of NH-752 in the state of
Rajasthan for the year 2021-22 (Total Length 76.680 Km) on Engineering,
Procurement, Construction (EPC) basis, and a copy of which is annexed hereto
and marked as Annex-A to form part of this TOR.
(ii) The TOR shall apply to construction and maintenance of the Project Highway.
(i) The words and expressions beginning with or in capital letters and not defined
herein but defined in the Agreement shall have, unless repugnant to the context,
the meaning respectively assigned to them in the Agreement.
(ii) References to Articles, Clauses and Schedules in this TOR shall, except where
the context otherwise requires, be deemed to be references to the Articles,
Clauses and Schedules of the Agreement, and references to Paragraphs shall
be deemed to be references to Paragraphs of this TOR.
(iii) The rules of interpretation stated in Article 1 of the Agreement shall apply,
mutatis mutandis, to this TOR.
3. General
(i) The Authority’s Engineer shall discharge its duties in a fair, impartial and
efficient manner, consistent with the highest standards of professional
integrity and Good Industry Practice.
(ii) The Authority’s Engineer shall perform the duties and exercise the authority in
68
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
accordance with the provisions of this Agreement, but subject to obtaining prior
written approval of the Authority before determining:
(iii) The Authority’s Engineer shall submit regular periodic reports, at least once
every month, to the Authority in respect of its duties and functions under this
Agreement. Such reports shall be submitted by the Authority’s Engineer within
10 (ten) days of the beginning of every month.
(iv) The Authority’s Engineer shall inform the Contractor of any delegation of its
duties and responsibilities to its suitably qualified and experienced personnel;
provided, however, that it shall not delegate the authority to refer any matter for
the Authority’s prior approval in accordance with the provisions of Clause 18.2.
(v) The Authority’s Engineer shall aid and advise the Authority on any proposal for
Change of Scope under Article 13.
(vi) In the event of any disagreement between the Parties regarding the meaning,
scope and nature of Good Industry Practice, as set forth in any provision of the
Agreement, the Authority’s Engineer shall specify such meaning, scope and
nature by issuing a reasoned written statement relying on good industry practice
and authentic literature.
4. Construction Period
(i) During the Construction Period, the Authority’s Engineer shall review and
approve the Drawings furnished by the Contractor along with supporting data,
including the geo-technical and hydrological investigations, characteristics of
materials from borrow areas and quarry sites, topographical surveys, and the
recommendations of the Safety Consultant in accordance with the provisions of
Clause 10.1 (vi). The Authority’s Engineer shall complete such review and
approval and send its observations to the Authority and the Contractor within 15
(fifteen) days of receipt of such Drawings; provided, however that in case of a
Major Bridge or Structure, the aforesaid period of 15 (fifteen) days may be
extended upto 30 (thirty) days. In particular, such comments shall specify the
69
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
conformity or otherwise of such Drawings with the Scope of the Project and
Specifications and Standards.
(ii) The Authority’s Engineer shall review and approve any revised Drawings sent to it
by the Contractor and furnish its comments within 10 (ten) days of receiving such
Drawings.
(iii) The Authority’s Engineer shall review and approve the Quality Assurance Plan
submitted by the Contractor and shall convey its comments to the Contractor
within a period of 21 (twenty one) days stating the modifications, if any, required
thereto.
(iv) The Authority’s Engineer shall complete the review and approve of the
methodology proposed to be adopted by the Contractor for executing the
Works, and convey its comments to the Contractor within a period of 10 (ten)
days from the date of receipt of the proposed methodology from the Contractor.
(v) The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing
lane(s) of the Project Highway for purposes of maintenance during the
Construction Period in accordance with the provisions of Clause 10.4.
(vi) The Authority’s Engineer shall review the monthly progress report furnished by
the Contractor and send its comments thereon to the Authority and the
Contractor within 7 (seven) days of receipt of such report.
(vii) The Authority’s Engineer shall inspect the Construction Works and the Project
Highway and shall submit a monthly Inspection Report bringing out the results of
inspections and the remedial action taken by the Contractor in respect of Defects
or deficiencies. In particular, the Authority’s Engineer shall include in its
Inspection Report, the compliance of the recommendations made by the Safety
Consultant.
(ix) For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be
carried out, tests at such time and frequency and in such manner as specified in
the Agreement and in accordance with Good Industry Practice for quality
assurance. For purposes of this Paragraph 4 (ix), the tests specified in the IRC
Special Publication-11 (Handbook of Quality Control for Construction of Roads
and Runways) and the Specifications for Road and Bridge Works issued by
70
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(x) The Authority’s Engineer shall test check at least 50 (fifty) percent of the quantity
or number of tests prescribed for each category or type of test for quality control
by the Contractor.
(xi) The timing of tests referred to in Paragraph 4 (ix), and the criteria for
acceptance/ rejection of their results shall be determined by the Authority’s
Engineer in accordance with the Quality Control Manuals. The tests shall be
undertaken on a random sample basis and shall be in addition to, and
independent of, the tests that may be carried out by the Contractor for its own
quality assurance in accordance with Good Industry Practice.
(xii) In the event that results of any tests conducted under Clause 11.10 establish
any Defects or deficiencies in the Works, the Authority’s Engineer shall require
the Contractor to carry out remedial measures.
(xiii) The Authority’s Engineer may instruct the Contractor to execute any work
which is urgently required for the safety of the Project Highway, whether
because of an accident, unforeseeable event or otherwise; provided that in case of
any work required on account of a Force Majeure Event, the provisions of Clause
21.6 shall apply.
(xiv) In the event that the Contractor fails to achieve any of the Project Milestones,
the Authority’s Engineer shall undertake a review of the progress of
construction and identify potential delays, if any. If the Authority’s Engineer shall
determine that completion of the Project Highway is not feasible within the
time specified in the Agreement, it shall require the Contractor to indicate
within 15 (fifteen) days the steps proposed to be taken to expedite progress,
and the period within which the Project Completion Date shall be achieved.
Upon receipt of a report from the Contractor, the Authority’s Engineer shall
review the same and send its comments to the Authority and the Contractor
forthwith.
(xv) The Authority’s Engineer shall obtain from the Contractor a copy of all the
Contractor’s quality control records and documents before the Completion
Certificate is issued pursuant to Clause 12.2.
(xvi) Authority’s Engineer may recommend to the Authority suspension of the whole
or part of the Works if the work threatens the safety of the Users and
pedestrians. After the Contractor has carried out remedial measure, the
Authority’s Engineer shall inspect such remedial measures forthwith and make a
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Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(xvii) In the event that the Contractor carries out any remedial measures to secure
the safety of suspended works and Users, and requires the Authority’s Engineer
to inspect such works, the Authority’s Engineer shall inspect the suspended
works within 3 (three) days of receiving such notice, and make a report to the
Authority forthwith, recommending whether or not such suspension may be
revoked by the Authority.
(xviii) The Authority’s Engineer shall carry out, or cause to be carried out, all the
Tests specified in Schedule-K and issue a Completion Certificate, as the case
may be. For carrying out its functions under this Paragraph 4 (xviii) and all
matters incidental thereto, the Authority’s Engineer shall act under and in
accordance with the provisions of Article 12 and Schedule-K.
5. Maintenance Period
(i) The Authority’s Engineer shall aid and advise the Contractor in the preparation of
its monthly Maintenance Programme and for this purpose carry out a joint
monthly inspection with the Contractor.
(ii) The Authority’s Engineer shall undertake regular inspections, at least once every
month, to evaluate compliance with the Maintenance Requirements and submit a
Maintenance Inspection Report to the Authority and the Contractor.
(iii) The Authority’s Engineer shall specify the tests, if any, that the Contractor shall
carry out, or cause to be carried out, for the purpose of determining that the
Project Highway is in conformity with the Maintenance Requirements. It shall
monitor and review the results of such tests and the remedial measures, if any,
taken by the Contractor in this behalf.
(v) The Authority’s Engineer shall examine the request of the Contractor for
closure of any lane(s) of the Project Highway for undertaking maintenance/repair
thereof, and shall grant permission with such modifications, as it may deem
necessary, within 5 (five) days of receiving a request from the Contractor. Upon
expiry of the permitted period of closure, the Authority’s Engineer shall monitor
the reopening of such lane(s), and in case of delay, determine the Damages
72
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(i) The Authority’s Engineer shall determine the costs, and/or their reasonableness,
that are required to be determined by it under the Agreement.
(ii) The Authority’s Engineer shall determine the period of Time Extension that is
required to be determined by it under the Agreement.
(iii) The Authority’s Engineer shall consult each Party in every case of determination
in accordance with the provisions of Clause 18.5.
7. Payments
(i) The Authority’s Engineer shall withhold payments for the affected works for
which the Contractor fails to revise and resubmit the Drawings to the Authority’s
Engineer in accordance with the provisions of Clause 10.2 (iv) (d).
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 19.4, determine the amount due to the
Contractor and recommend the release of 90 (ninety) percent of the
amount so determined as part payment, pending issue of the Interim
Payment Certificate; and
(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement
referred to in Clause 19.4, deliver to the Authority and the Contractor
an Interim Payment Certificate certifying the amount due and payable
to the
Contractor, after adjustments in accordance with the provisions of
Clause 19.10.
(iii) The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the
Monthly Maintenance Statement from the Contractor pursuant to Clause 19.6,
verify the Contractor’s monthly statement and certify the amount to be paid to
the Contractor in accordance with the provisions of the Agreement.
(iv) The Authority’s Engineer shall certify final payment within 30 (thirty) days of
the receipt of the final payment statement of Maintenance in accordance with
the provisions of Clause 19.16.
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Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
The Authority’s Engineer shall perform all other duties and functions as specified
in the Agreement.
9. Miscellaneous
(ii) The Authority’s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as-built’ Drawings, and keep them in its
safe custody.
(iii) Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer
shall obtain a complete set of as-built Drawings, in 2 (two) hard copies and in
micro film form or in such other medium as may be acceptable to the
Authority, reflecting the Project Highway as actually designed, engineered and
constructed, including an as- built survey illustrating the layout of the Project
Highway and setback lines, if any, of the buildings and structures forming part of
Project Facilities; and shall hand them over to the Authority against receipt
thereof.
(iv) The Authority’s Engineer, if called upon by the Authority or the Contractor or
both, shall mediate and assist the Parties in arriving at an amicable settlement of
any Dispute between the Parties.
(v) The Authority’s Engineer shall inform the Authority and the Contractor of any
event of Contractor’s Default within one week of its occurrence.
Schedule - O
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule - P
Insurance
(i) The Contractor shall effect and maintain at its own cost, from the Appointed
Date till the date of issue of the Completion Certificate, the following insurances
for any loss or damage occurring on account of Non Political Event of Force
Majeure, malicious act, accidental damage, explosion, fire and terrorism:
(ii) The insurance under sub para (a) and (b) of paragraph 1(i) above shall cover
the Authority and the Contractor against all loss or damage from any cause
arising under paragraph 1.1 other than risks which are not insurable at commercial
terms.
The Contractor shall effect and maintain insurance cover of not less than 15% of
the Contract Price for the Works from the date of issue of the Completion
Certificate until the end of the Defects Liability Period for any loss or damage for
which the Contractor is liable and which arises from a cause occurring prior to the
issue of the Completion Certificate. The Contractor shall also maintain other
insurances for maximum sums as may be required under the Applicable Laws
and in accordance with Good Industry Practice.
(i) The Contractor shall insure against its liability for any loss, damage, death or
bodily injury, or damage to any property (except things insured under Paragraphs
1 and 2 of this Schedule or to any person (except persons insured under Clause
20.9), which may arise out of the Contractor's performance of this Agreement.
This insurance shall be for a limit per occurrence of not less than the amount
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
(a) the Authority's right to have the construction works executed on, over,
under, in or through any land, and to occupy this land for the Works; and
(b) damage which is an unavoidable result of the Contractor's obligations
to execute the Works.
Schedule-Q
Riding quality test: Riding quality of each lane of the carriageway shall be
checked with the help of a calibrated bump integrator and the maximum
permissible roughness for purposes of this Test shall be [2,200 (two thousand
and two hundred only)] mm for each kilometer.
The Authority’s Engineer shall conduct a visual and physical check of construction
to determine that all works and equipment forming part thereof conform to
the provisions of this Agreement. The physical tests shall include
measurement of cracking, rutting, stripping and potholes and shall be as per
the requirement of maintenance mentioned in Schedule-E.
Strengthening/ Reconstruction from Km 0/0 to 1/200, 1/800 to 42/400, 43/900 to 44/100, 47/400 to 59/100, 64/450 to 72/080, 72/680 to
78/750, 79/050 to 88/330 of NH-752 in the state of Rajasthan for the year 2021-22 (Total Length 76.680 Km) on EPC mode.
Schedule-R
(Signature)
Representative)
(Address)