Request for Proposal

For
Performance Based Maintenance Contract (PBMC)
between Km 0/0 To 68/174 (Tharad-Dhanera-
Panthawada Section) of NH-168 And ROB Between Ch
39/320 To 40/190 of 168A in the state of Gujarat.

Job No. NH68 & NH168A/PBMC/GJ/2025-26/791

On

Performance Based Maintenance Contracts

(PBMC)

Ministry of Road Transport & Highways

EXECUTIVE ENGINEER
NATIONAL HIGHWAY DIVISION
GANDHIDHAM – KUTCH

September - 2025
 CONTENTS

Description Page
No.
SECTION – 1 NOTICE INVITING TENDER 2-4
SECTION – 2 INSTRUCTIONS TO BIDDERS (ITB) AND APPENDIX TO ITB 5-40
SECTION – 3 QUALIFICATION INFORMATION 41-65
SECTION – 4 FORMS OF BANK GUARANTEES FOR BID SECURITY,
PERFORMANCE SECURITY & ADVANCE PAYMENT,
LETTER OF APPLICATION, LETTER OF ACCEPTANCE
66-93
(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
94-128
CONTRACT DATA
SECTION – 6 ADDENDUM TO GENERAL CONDITIONS OF CONTRACT 129-130
SECTION – 7 ROAD MAINTENANCE STANDARDS AND SPECIFICATIONS
131-213
FOR ROAD MAINTENANCE WORKS, PART-I AND PART-II
SECTION – 8 DRAWINGS AND SCHEDULE OF DRAWINGS 214-214
SECTION – 9 FINANCIAL BID FORM AND BILL OF QUANTITIES 215-231
SECTION – 10 SUMMARY OF ASSETS 232-235
SECTION – 11 SPECIAL INSTRUCTION FOR BIDDER 236-239

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 Ministry of Road Transport & Highways
REPRESENTED BY
Government of Gujarat (Roads & Building Department)
Office of the Executive Engineer, National Highway Division, Gandhidham
Phone/Fax No. : 02836-260302 E-mail: nhdgandhidham@[Link]

Notice Inviting Bid

BID NO. 02 PBMC OF 2025-26 Date:- 25/09/2025

The Executive Engineer, National Highway Division, Gandhidham 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 Estimated Bid Contract
No. (km) Bid Cost/ Security Duration*
Total Bid
(Rs. Lac) (month)
Value
(Rs. Crore)
1. Performance Based Maintenance 68.304 58.58 59.00 60
Contract (PBMC) between Km 0/0 Months
To 68/174 (Tharad-Dhanera-
Panthawada Section) of NH-168
And ROB Between Ch 39/320 To
40/190 of 168A in the state of
Gujarat.

The complete BID document can be viewed/downloaded from official portal of the CPPP
website [Link] from 25/09/2025 to 27/10/2025 (upto
16.00 Hrs. IST). Bidder must submit its Financial bid and Technical Bid at https://
[Link]/eprocure/app on or before (upto 27/10/2025 at 16.00 hours IST). Bids
received online shall be opened on 28/10/2025 (at 16.00 hours IST). The Pre-bid
Conference On Date. 06/10/2025 at 12.00 Hrs.

Bid through any other mode shall not been entertained. However, Original Bid Security,
document fee, Power of Attorney and Joint Bidding Agreement etc. shall be submitted
physically by the Bidder on or before 03.11.2025 (at 12.00 hours IST), Please note that
the Authority reserves the right to accept or reject all or any of the BIDs without assigning
any reason whatsoever.

Executive Engineer,
OFFICER IN-CHARGE ON BEHALF OF MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS: ADDRESS : National Highway Division,
OFFICE OF THE EXECUTIVE ENGINEER, Gandhidham
NATIONAL HIGHWAY DIVISION,
PLOT NO.-1, WARD-3B,
TAGORE ROAD,
ADIPUR (DISTRICT: KACHCHH)
 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 completeness of 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 is not
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 Bidder upon 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.

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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
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 the preparation 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 incurred in 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.

5
 SECTION – 2
INSTRUCTIONS TO BIDDERS (ITB)
AND
APPENDIX TO ITB

6
 SECTION – 2
INSTRUCTIONS TO IDDERS (ITB)
TABLE OF CLAUSES
Clause A. General Clause
1. Scope of Bid 20. Deadline for Submission of Bids
21. Late Submission of Documents in
2. Source of Funds Physical
22. Form
Modification and Withdrawal of
3. Eligible Bidders Bids
E. Bid Opening, Clarification of bids
and
4. Qualification of the Bidder 23. Evaluation
Bid Opening,
Clarification of Bids
5. One Bid per Bidder 24. and Evaluation
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 o f
Documents Financial
9. Clarifications on Bidding Bids
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
11. Language of Bid 31. Reject any orofall
Notification Bids and Signing of
Award
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 Money /Bid H. Labour Laws and Fundamental
Security / Forfeiture/ breach
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

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 A. GENERAL

1. Scope of bid
1.1 The Employer is the Ministry of Road Transport and Highways, Government of
India through [The Chief Engineer & Additional secretary (NH), Road & Building
Department, Govt. of Gujarat, Gandhinagar (as defined in the Appendix to ITB) 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;

8
(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 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 [Link]) 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 a s 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;

9
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.

10
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 / Authorized 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

Financial Year 2024-25 2023-24 2022-23 2021-22 2020-21
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
(the “Threshold Technical Capacity”).

(ii) For normal Highway projects:

Provided that at least one similar work of 20% of Estimated Project Cost 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 the

11
Eligible 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 the year
indicated in table below:

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

2024-25 2023-24 2022-23 2021-22 2020-21
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 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 for the last 5 (five) financial years.

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

2024-25 2023-24 2022-23 2021-22 2020-21
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

12
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 Clause 4.7 (i) 1

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 loan assistance
from multilateral agencies or on BOT basis,

13
(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 shall qualify 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 or equipment 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.

14
(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.

15
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. As per the available record of the Ministry or
its Executive Agency.

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 familiarize himself with the Site of Works and its surroundings including
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.

16
 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
Forms of Bank Guarantees for Bid Security, Performance Security &
Advance Payment, Letter of Application, Letter of Acceptance (LOA),
Section 4 :
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 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
Section10 : 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.

17
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.

18
 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 on or
before ------As per NIT------

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. 59.00 Lakh in the form of Original Bank Guarantee in
the format at Section-4 from a Scheduled Bank;
(e) The tender fees as a cost of bidding documents is non-refundable amounting to
Rs. 10,000/-(Rs. Ten Thousand only) towards cost of RFP at the time of the
submission of the Bid proposal. The bidder must pay tender fee through
Bharatkosh Portal in favour of Regional Pay and Account Officer, Mumbai. Under
PAO Mumbai-034650 and DDO-234653-SE.
(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

19
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 4 (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 his bid 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.

20
16. Earnest Money/bid Security/Forfeiture/Debarment

16.1 A Bidder is required to submit, along with its BID, a BID Security of Rs.
59.00 Lakhs (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/MORTH/State PWD/NHIDCL/BRO‟s Bank. The Bidders shall also submit,
through online payment methods such as NEFT/RTGS Rs. 10,000.00. The tender
fees as a cost of bidding documents is non-refundable amounting to Rs. 10,000/-(Rs.
Ten Thousand only) towards cost of RFP at the time of the submission of the Bid
proposal. The bidder must pay tender fee through Bharatkosh Portal in favour of
Regional Pay and Account Officer, Mumbai. Under PAO Mumbai-034650 and DDO-
234653-SE as cost of bidding document. The bank details are as under:

Sr. No Particulars Details

1 Name of Beneficiary Executive Engineer National Highway Division, Gandhidham
2 Name of Bank STATE BANK OF INDIA, GANDHIDHAM
3 Account No. 10316663138
4 IFSC Code SBIN0000373

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.
1
The Bid Security shall be an amount equivalent to 1% of the Estimated Project Cost. However, the Authority may, in its
discretion, prescribe a higher Bid Security not exceeding 2% of the Estimated Project Cost. In case of a project having an
Estimated Project Cost of Rs. 2,000 cr. or above, the Authority may, in its discretion, reduce the Bid Security, but not less than
0.5% of the Indicative Project Cost in any case.
2
The cost of RFP document may be determined at the rate of Rs. 10,000 for every Rs. 100 crore or part thereof comprising the
Estimated Project Cost. Thus the cost of an RFP document for a project of Rs. 200 crore shall be Rs. 20,000.

21
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 the Bid.

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 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 [Link]) to
Participate in e-tendering of Employer.

22
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 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.

23
 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. Original
Documents to be submitted in physical form must be submitted on or before -----As
per NIT----- 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 Employer’s e-tendering portal on account of delay in submission at
bidder’s e n d. 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 s e l f -
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%.

24
(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 RFP
and 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

25
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.

26
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.
[Link].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 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)

27
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 regards;

(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 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.

28
(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.

29
 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

30
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 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 [Link]) 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.

31
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 may be 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.

32
 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

33
formation of the Contract, subject only to the furnishing of a performance security in
accordance with the provisions of Clause No.32. For avoidance of any doubt, Contract
Price and Bid Price are same and exclusive of Emergency Work.
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
(3%) 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.
3. Advances
33.1 The Employer will provide Mobilization Advance as provided in General Conditions of
Contract (GCC).

34
 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 execution thereof, 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

35
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.

36
 H. LABOUR LAWS AND FUNDAMENTAL BREACH

35. Labour Laws and Regulations

35.1 The Bidders shall be aware of the provisions of various Labour Laws,
Regulations and Welfare Measure 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.

37
 SECTION-2
Appendix to ITB

ITB Clause Reference

1.1) The Employer is the Ministry of Road Transport and Highways, Government of
India through [The Chief Engineer & Additional secretary (NH), Road & Building
Department, Govt. of Gujarat, Gandhinagar through the Executive Engineer,
National Highway Division, Gandhidham]
1.2) Name and identification number of Works and services under this
contract shall be as below:
Performance Based Maintenance Contract (PBMC) between Km 0/0 To 68/174
(Tharad-Dhanera-Panthawada Section) of NH-168 And ROB Between Ch
39/320 To 40/190 of 168A in the state of Gujarat.

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 –

3
Indicative and Employer would need to change the same to suite the requirements of the project

38
 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” colored 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 aluminum ladder.
xxxii. Operational Flashing amber lights fitted to the Patrol Truck

39
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/Tree 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 event of
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
16. Road Milling Machine 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.

40
(c.) For culverts, bridges and structures:
1. Guniting Machine
2. Fiori Mobile Concrete Mixer
--------------------------------------------------
Mention Equipment 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 Persons
requirement)
1 Project Manager Degree in Civil 8 years as Project 1
Engineering Manager/Team Leader
of Consultancy Contract
on Highway, Bridge
construction/
Maintenance works

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

Surveyor Engineer Engineering Construction/ 50km
cum Material Maintenance works length
Engineer
3 Incident cum Road Graduate from a 3 years on Highway 1 per
Property Manager recognized University Property Management 100km
cum Route and Maintenance length
Operation Manager
4 Road Safety Auditor Road Safety Audit 5 years’ experience 3 days in
Certificate from every 3
appropriate approved months
Govt. agency

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

4
Indicative and Employer would need to change the same to suite the requirements of the project

41
make the bid non-responsive and financial bid shall not be opened. All such CVs are
subject to the acceptance by the Concerned EEs / Project directors
[NIT ] and Clause 20:- The Contact Person is :-

Shree [Link]
Venue at :- The Executive Engineer,
National Highway Division,
Plot No.-1, Ward-3B, Tagore road,
ADIPUR (District : Kachchh)
Phone/ Fax : 02836-260304
e-mail : nhdgandhidham@[Link]

[9.2.1] Pre-bid meeting shall be held on ----As Per NIT------

Venue at :- The Superintending Engineer,
National Highway Circle.
Patnagar yojana Bhavan,
1st Floor, Block No - A,
Gandhinagar

42
 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.

43
 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 Authorised 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.

44
 * 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 & EI
works, 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, if necessary)
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
period of 4 months from the appointed date

45
Sr. Categories of Non-Performer Name of the
No. Projects (s)
(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 regards;
(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

46
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 Authorised signatory)
For and on behalf of……………………………………..

47
 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 Project Category Experience** (Equivalent Rs. Technical
type Code* $ crore)$$ Experience
Payments Value of self-
received for construction/
construction/
maintenance of
maintenance in
Eligible Projects in Eligible Projects
Categories 3 in Categories 1
(1) (2) (3) (4) (5) (6)
Single entity A
Bidder or Lead
B
Member
including C
other members D
of the Joint
Venture E
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
Clause4.7(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 **
(**)5to a US Dollar.
5
The 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
£
. 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)
 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£
Year1 Year2 Year3 Year4 Year5 Year 1
Single entity Bidder or Lead
Member including other
members of the Joint Venture
TOTAL

Bidder type Annual Turnover Average

Annual
Year 1 Year 2 Year 3 Year 4 Year 5
Turnover
(Rs.) Updation (Rs.) Updati on (Rs.) Updati on (Rs.) Updati on (Rs.) Updati on
factor factor factor factor factor (In Rs.
crore$)

1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+
6x7+8x9+1
0x11)/5

Single entity 1.00 1.05 1.10 1.15 1.20

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:
 (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
Bidde
r.

7. The Bidder shall provide an Auditor’s Certificate specifying t h e 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.
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 4.3, 4.6 and 4.8 of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of
Instruction The 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 was held) 10
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 back up 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 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 capital
cost 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
well as 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. 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).”
53
 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 authorised 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 in the 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
Date…………………. (Authorized Signatory)

£
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.

54
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.

55
 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,

( ……………………… )
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 n a m e ) 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 authorised signatory is vested with
requisite powers to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory) For and

on behalf of…………………………….

*Please strike out whichever is not applicable.

56
 Appendix - IA
Annexure-VI
Information required to evaluate the BID Capacity under clause 4.2:
Tocalculatethevalue 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 2024-25/2024
2 2023-24/2023
3 2022-23/2022
4 2021-22/2021
5 2020-21/2020

3. Maximum value of projects that have been undertaken during the F.Y.
out of t h e l a s t 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……………Crore x………….(Upgradation Factor as per Appendix) = Rs…………….Crore
(Rs…………………………………………)

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 2024-25/2024 1.00
2 2023-24/2023 1.05
3 2022-23/2022 1.10
4 2021-22/2021 1.15
5 2020-21/2020 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of
Seal of the audit firm: (Signature, name Authorised
and designation and Membership No. Signatory
of authorised signatory) For and on behalf of ……… (Name of bidder)
Date :- Place:_____________

57
 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 “N” years (i.e. 5 years the case may be )
is as follows:

Sl. Name Percentage Dater of Construction Value Value of Balance Anticip Balance
No. of of start / period as per of contra t work value of -ateed value of
Project participation appointed d Agreement/ as per complete d work to be date of work at
/Work on of date LOA Agreemen complete completio 2024-
Bidder in of t d n 25/2024
the Project project /LOAB price level

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 2024-25/2024 1.00
2 2023-24/2023 1.05
3 2022-23/2022 1.10
4 2021-22/2021 1.15
5 2020-21/2020 1.20
The Statement showing the value of all existing commitments, 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 /
Authorised Signatory of SPV in respect of BOT Projects. No awarded / ongoing works
has been left in the aforesaid statement which has been awarded to
M/s………………individually / and other member M/s ………………. and M/s ………………., a s
on bid due date of this RFP.

………………………… ……………………..
…………………………. ……………………..
Signature, nam and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
For and on behalf of ……………… (Name of and designation and Membership No. of
bidder) authorised signatory)

58
Date: Place:

Date: Place:

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.

59
 Guidelines of the Department of Disinvestment
(Refer Clause1.2.1) No. 6/4/2001-DD-II Government of India
Department of Disinvestment
Annexure VII
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 and in 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
are substantially 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.

60
(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.
(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

61
 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 for bidding
this project (under bidding), both as the sole party or as one of the parties of Joint
Venture/ Consortium, if any, during the p e r i o d from Scheduled Completion Date to
issuance of Completion Certificate for that project. This restriction 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 Authorised Signatory:

Date:

Place:

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.

62
 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 prior to the date of this bid.
3. The undersigned hereby Authorise(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 Authorised Representative of

the Firm)

Name of the Representative

Name of Firm

Date

63
 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 Authorised
Representative of the Firm)

Name of the Representative

Name of Firm Date

65
 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, ****, having its office at ****, (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 unless it be
repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for the*** ** maintenance Project on
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. *** ** (Rupees *** ** 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 the said 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
binding on 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. *** **(Rupees *** ** only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 150 (one
hundred and fifty) days from the BID Due Date inclusive of a claim period of 60
(sixty)

66
 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.
5. 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.
6. 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.
7. 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 either to 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 part of 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 with
any other person or any other matter or thing whatsoever which under the law
relating to sureties would but for this provision have the effect of releasing the
Bank from its such liability.
8. 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.
9. We undertake t o 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 authorised to receive the
said notice of claim.
10. 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.

67
11. We, the Bank, further undertake not to revoke this Guarantee during its
currency except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorized and has full
power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee
shall be restricted to Rs. *** crore (Rupees *** ** crore only). The Bank shall
be liable to pay 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)].

14. This guarantee shall also be opera table 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.

15. 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 [Ministry/NHAI/NHIDCL/State PWD/BRO],
details of which is as under:

S. No. Particulars Details

1. Name of Beneficiary Executive Engineer, National Highway
Division, Gandhidham
2. Name of Bank STATE BANK OF INDIA, GANDHIDHAM
3. Account No. 10316663138
4. IFSC Code SBIN0000373

Signed and delivered by ………………………. Bank

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

(Signature of the Authorised

Signatory) (Official-Seal)

68
 FORM OF BANK GUARANTEES FOR PERFORMANCE SECURITY

[Performance Security/Additional Performance Security]

To
[name of Authority]
[address of Authority]

WHEREAS ……………………………………………………………………………..[name and address of

Contractor]
(Hereafter called the “Contractor”) has undertaken, in pursuance of Letter of
Dated for maintenance
project on PBMC Basis [name of the Project]
(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 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.

6
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as
per
Contract.

69
 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 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 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 Contract or for the fulfillment, compliance and/or
performance of all or any of the obligations of the Contractor under the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the

Bank under this Guarantee is restricted to the Guarantee Amount and this
Guarantee will remain in force for the period specified in paragraph 8 below and
unless a demand or claim in writing is made by the Authority on the Bank under
this Guarantee all rights of the Authority under this Guarantee shall be forfeited
and the Bank shall be relieved from its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on **** $. Unless

a demand or claim under this Guarantee is made in writing before expiry of the
Guarantee, the Bank shall be discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency,
except with the previous express consent of the Authority in writing, and
declares and warrants that it has the power to issue this Guarantee and the
undersigned has full powers to do so on behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be

sent by post addressed to the Bank at its above referred branch, which shall be
deemed to have been duly authorized to receive such notice and to effect
payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post
and in proving such notice, when given by post, it shall be sufficient to prove
that the envelope containing the notice was posted and a certificate signed by an
officer of the Authority that the envelope was so posted shall be conclusive.

$
Insert date: 60 days beyond the contract period or DLP expiry whichever is later

70
11. This Guarantee shall come into force with immediate effect and shall remain in
force and effect for up to the date specified in paragraph 8 above or until it is released
earlier by the Authority pursuant to the provisions of the Contract.

12. 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.

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)

71
 BANK GUARANTEE FOR ADVANCE PAYMENT
Ministry of Road Transport & Highways Transport Bhawan, New Delhi]
WHEREAS:
(A) [name and a d d r e s s 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 maintenance of the ***** section of [National Highway No. **] on
Performance Based Maintenance Contract (the “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 compliance
with its obligations in accordance with the Agreement. The a m o u n t o f
{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

$
The Guarantee Amount should be equivalent to 110% of the value of the applicable
instalment.

72
 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 the
liability of the Bank under this Guarantee, to vary at any time, the terms and
conditions of the Advance Payment or to extend the time or period of its repayment
or to postpone for any time, and from time to time, any of the rights and powers
exercisable by the Authority against the Contractor, and either to enforce or
forbear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be released
from its liability and obligation under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason of time
being given to the Contractor or any other forbearance, indulgence, act or omission
on the part of the Authority or of any other matter or thing whatsoever which
under any law relating to sureties and guarantors would but for this provision
have the effect of releasing the Bank from its liability and obligation under
this Guarantee and the Bank hereby waives all of its rights under any such law.
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.

$
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.

$
Insert a date being 90 (ninety) days after the end of six months from the date of payment of the
Advance payment to the Contractor (in accordance with Clause 44 of the Agreement).

73
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.

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.

74
 FORM OF LETTER OF APPLICATION

To,
[Address of Employer]

DESCRIPTION OF WORKS: BID FOR [Name of

Work] 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

75
 FORM OF LETTER OF ACCEPTANCE

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

To,
M/s………………………….

Sub.: …………………………. Name of Work ………………………………… 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

76
 FORM OF AGREEMENT AGREEMENT

This agreement made the day of

between the
--------------------- (hereinafter called “the Employer” o f 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
accepte
d 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 a g r e e d 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.

77
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 consi derati on of the payments to be made b y 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:

78
 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 u s / t h e L e a d M e m b e r o f o u r J o i n t V e n t u r e a n d h o l d i n g t h e
p o s i t i o n o f ……………………………. , 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 the Project proposed for maintenance on PBMC basis by the
[Ministry of Road Transport & Highways/National Highways Authority of India or
Name of tender issuing agency] (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- N A M E D PRINCIPAL H A V E 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) (Notarised)
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:……………
79
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 legalised by the Indian Embassy and notarised 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 legalised by the Indian Embassy if it carries a conforming
Appostille certificate.

80
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 3.2 (c))

Whereas the (“The“Project”).

Authority”) has i n v i t e d BIDs for t h e ***** P r o j e c t (the

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

Venture”) being Members of the Joint Venture are interested in bidding f o r 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 c o l l e c t i v e l y referred t o a s the “Principals”) do
hereby i r r e v o c a b l y 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 behalf and 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)

81
 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 legalised by the Indian Embassy and notarised 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 legalised by the Indian Embassy if it carries a conforming Appostille certificate.

82
 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 collectively
referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS

(A) [THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS……. / , ] (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 maintenance of***** 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 capitalised terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.

83
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 of
the 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:

84
(a) Such Party is duly organised, 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
authorised 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 favour 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 organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, 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 e f f e c t u n t i l 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.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE [Link],
SEALED AND DELIVERED
85
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:

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.

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 favour 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
legalised by the Indian Embassy and notarized in the jurisdiction where the Power
of Attorney has been executed.

86
 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

{Authority}, Address, h e r e i n a f t e r 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 One Time repair and maintenance
of {Name of the Project}. The principal values full compliance with all relevant
laws of the land, rules of 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
87
 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 d u r i n g h i s 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
his bid, 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 such payments.

88
(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.

89
(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) 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.
(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.
(3) The principal will disqualify from the Tender process all Bidders who do not
sign this Pact violate its provisions.

90
 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)

(1) The principal has appointed (i) Shri……………and (ii) …………….….…………………….

Pact. The task of the Monitor is to review independently and objectively, whether
and to what extent the parties comply with the obligations under this agreement.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) The word 'Monitor' would include both singular and plural.

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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., Ahmedabad

(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.

92
(9) In witness whereof the 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)

93
94
 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
 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
Bi
d.
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
Employe
r.

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 i s 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 the commencement 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
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 of 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 with Engineer/ 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 mean s 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 duties and
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 Schedule of 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. If the 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/- per day 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 that the
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 maintain the Works in
accordance with the Specifications and Drawings.

16.2 The Contractor [Class I Local Supplier/ Class II Local Supplier/ Nonlocal 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 date and
finalise 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 Wo k orders
r
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,
aggregates and 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
([Link]). 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 serve as 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 all the
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 may be, 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 02 days 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 byBoard.

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 held at 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 the facts 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 Assistance Rs 50,000/- per month for one package
and Incidental charges (telephone, fax, and maximum of Rs 75,000/- per month
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 (Metor 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 Rulesof
 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 Ahemdabad 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 it self

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 assets wherever
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 agree that the adjudication hereunder shall not be final and binding
until an appeal against such adjudication has been decided by an appellate tribunal or 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 afterthe date on which the overdue Programme
has been submitted.

25.5 The Engineer’s approval of the Programme shall not alter the
Contractor’sobligations. 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 [Link] deduct that amount from running bill.

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 still prevails, the Engineer shall give notice
to the Contractor of any defects before the end of 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), and
other electric item ,the Electricity consumption Bill (s) as raised by the concerned Utility Providing
Agencies in the name of Employer will be paid by the contractor, and 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 programmer.

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 Progra

37.2 mme 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 themeasurement 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 [Link].

39.3 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 but
including other levies, duties, royalties, cess, toll, and other taxes of Central and State

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 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.

Note: any delay due to submission or approval from competent authority delay occur then its
sole responsibility of contractor and delay occurred for that liquidated damage will impose
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 to the 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 been repaid, 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 running bill 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 which ever 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 perclause;

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 contractdata.

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 Employer shall 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 of such 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 ornegligently;
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 oftime.

56. Drawings and Photographs of the Works

56.1 The Contractor shall do photography/video photography of the site firstly before the 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 [through Executive Engineer, National Highway Division, Gandhidham] [Cl.1.1
of ITB]
Name of authorized Representative: [The Chief Engineer & Additional Secretary (NH), Road and
Building Department, Govt. of Gujarat, Gandhinagar])
2. The Engineer is: [Clause 1.1 of GCC]
Designation: Executive Engineer
Address: National Highway Division, Gandhidham [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 between Km 0/0 To 68/174 (Tharad-Dhanera-Panthawada Section) of
NH-168 And ROB Between Ch 39/320 To 40/190 of 168A in the state of Gujarat. [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 Performance Based Maintenance Contract (PBMC) between Km 0/0 To
68/174 (Tharad-Dhanera-Panthawada Section) of NH-168 And ROB Between Ch 39/320 To
40/190 of 168A in the state of Gujarat.
[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 initialcontract price [CI.7.1 of GCC]
9. Schedule of other Contractor- ………. [Cl.8.1 of GCC]
10. The Technical Personnelare ………. [Cl. 9.1 of GCC & Cl. 1.3]
S. No. Personnel8 Qualification Particular Experience No. of
(minimum Persons
requirement)
1. Project Manager Degree in Civil 10 years as Project 1
Engineering Manager on Highway,
Bridge construction/
Maintenance works
2. Site Engineer-cum- Degree in Civil 4 years on Highway 1 for each
Surveyor Engineer- Engineering Construction/ 50km
cum- Material Maintenance works
Engineer
3. Incident cum Road Graduate from a 3 years on Highway 1 for each
Property Manager recognized Property Management 100km
-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: Contract Price [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 ContractPrice
The said insurance shall include all liabilities as per Clause 13.1 and shall be
deductible as per premium rate.

8 Theteam proposed is for guidance and it is bare minimum and shall be considered iindicative
and Employer to change the same in line with project requirements
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 delay 0.1 (zero decimal one) percent of the value
in completion of Initial rectification and of Initial rectification and Periodical
Periodical Maintenance work Maintenance work to be 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 delay contractor fails to complete the
in completion of Emergency work emergency work as directed by the
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 of delay
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 termination of 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 the worker.
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 promotionsetc.
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 manufacturingprocess.
 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 OperationalProcedures

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 the preparation 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 as per 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, raveling, 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 from traffic

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. Above
must be integrated with 1033/112 help line no and its Cetral Command Unit in NHAI.

 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 mandatorily be done by the contractor at every 6
months periodicity.

 Also contractor have to carry traffic census in April and October month and have to
submit data as per prescribed format provide by NH Division gandhidham and if not
done then it will done at risk and cost of contractor
 

 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 dated23.07.2019.
(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, Kilometer
stone, hectometer 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.

Refer BOQ at Section-9

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:

Sl.
Description Quantity Unit
No.

Refer BOQ at Section-9

 For Rigid Pavement the following tentative BOQ may be used:

Sr. Description Quantity Unit

NO.

1 Fully bonded overlay as per clause 11.6.4 & clause Refer BOQ Cum

11.6.5 of IRC SP:83, 2018

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

3 Thermoplastic road marking - MoRTH Specification No. 803 Refer BOQ Sqm

4 Fixing road signs / studs - MoRTH Specification 804 Refer BOQ Nos.

5 Earth / Gravel material - MoRTH Specification No. 408 Refer BOQ Cum

6 Wearing coat of deck slab if required Refer BOQ Sqm

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

*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 and shoulders 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 amount forthwith
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 “not in 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-9 Overall 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/
No. Measurement/
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 summarized 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 walls/
(a)
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 the
(c) 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 kerbs
(d)
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 summarised below:
Sl. Item Service
No. Quality/Measurement/Detection/Intervention
on Criteria/Time Limit for Rectification

Pipe/box/slab culverts As per Annexure-E

(a)
(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 summarised below:
Sl. Item Service
No. Quality/Measurement/Detection/Interventio
n 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/Interventio
n
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 summarised below:
Sl. Item Service
No. Quality/Measurement/Detection/Interventio
n
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 summarised below:
Sl. Item Service
No. Quality/Measurement/Detection/Interventio
n
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 summarised 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. Advance Traffic Management Systems (ATMS)

Service quality, measurement, response time and intervention criteria for the
items in ATMS are summarised below:
Sl. Item Service
No. Quality/Measurement/Detection/Interventio
n
on Criteria /Time Limit for Rectification
(a) Advance Traffic Management As per Annexure -E
Systems (ATMS)
 Annexure –
E OPM-1

Defects in Flexible Pavement

Level of ServiceFrequency Tools/ Standards Time limit for Maintenance

Performance (LOS) on eachof Equipment and Rectification Specifications
side for each
Asset Type Parameter References / Repair
km (LHS/RHS) Inspection
for
Inspection
Acceptable 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, visual etc. Identification 3004.2
(Pavement 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 cracks more Program, cracks more &H
of
Grade 0.5 sqm for any than 3mm wide FHWA 2003 than 3 mm Specification
structure, 50m length the cracked wide 3004.3
approaches 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 12.5m 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 &H
etc. days 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
Edge Nil Daily 7- 15 IRC:82- 2015
etc.
Deformation/ days
Breaking
Flexible Network ASTM E950
Pavement Survey vehicle (98) :2004 –
– (NSV) Standard Test
Programme with all its Method for
dInspection Rutting <5mm Bi- Annually module such measuring 15-30 IRC:82- 2015
Longitudinal
(for any 12.5 m as Laser days
Profile of
length of every Profilometers, Travelled
km section)
Surfaces with
Transverse
Accelerometer
profile logger, Established
Laser crack Inertial Profiling
measurment Reference and
system, Video ASTM E1656-
logging 94:2000-
Pavement >2.1/70 180 IRC:82-
Standard Guide 2015
for Classification /
rating based modules, high of Automatic days ASTM D
Pavement
on distress resolution 6433-07
Condition Survey
Odometer etc. Equipment
per IRC 82 /
Pavement Annually
Condition
Index as per
ASTM 6433-
07
Other Nil Bi- 2-7 IRC:82- 2015
Pavement Annually 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 Deflectometer 2014 days
Remaining contract duration
Life
 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 not Daily For isolated cracks Cracks between All cracks above
concrete exceed one percent of more than 3 mm 0.2 0.2 mm width shall
Pavement the area in any sub- wide, the cracked mm to 0.5 mm be sealed as per
section 200 m length. area will be – one month rectification
measured as length Cracks between measures given in
of crack multiplied 0.5 IRC Sp:83-2018
by 1 m width. mm to 3.0 mm Table 4.5
– 14 days
For multiple cracks Cracks more
the area of the than 3.0 mm- 7
rectangle enclosing days
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 water serviceable
ingress and trapping of conditions.
incompressible To be repaired as
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
Honey total surface area of Inspection Ravelling/ Honey
Combing type slab and depth of Combing
surface and damage not more than type surface and
scaling 5 mm should be scaling to be
affected allowed. To be
repaired as per
rectification
measures given in
IRC Sp:83-2018
Table 4.5
Polished Average texture depth Monthly Sand Patch Within 6 Textured depth
Surface/ not less than 0.3 mm method in case of months more than 1 mm for
Grazing for texturing and not brush texturing and brushed texturing
less than 1.5 mm for 154 Vernier and 1.5 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 or measures given in
across the crack/slab IRC Sp:83-2018
shall be Table 4.5
not more than 6 mm.
Heave and Vertical displacement Weekly By ruler and Within 12 Not to exceed 5
Bump should not be more straight edge weeks mm.
than 5 mm To be rectified as
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, measuring Within 12 To be rectified as
Shoulder more than 25 mm in tape and straight weeks per rectification
Drop-off 200 m aggregate 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) on Frequency of Tools/ Standards Time limit Maintenance
each side for each km Inspection Equipment and for Specifications
Type Parameter
(LHS/RHS) References Rectification/
Accept able for Repair
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 Specially NA IRC 2-7 MORT&H
Slope during Rainy days Specification
Season

Unevenness on Upon Noticing Daily Measured IRC 2-7 Days MORT&H

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 Specially condition. IRC 1 Days MORT&H
Stagnation During Rainy Specification
Seas on

Reduction in Upon Noticing Weekly Visual IRC 15-30 Days MORT&H

formation width Inspection and Specification
by 20 cm – manual
Formation measurement
width must be
maintained as
Asset Performance Level of Service (LOS) on Frequency of Tools/ Standards Time limit Maintenance
each side for each km Inspection Equipment and for Specifications
Type Parameter
(LHS/RHS) References Rectification/
Accept able for Repair
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) on Frequency of Tools/ Standards Time limit for Maintenance
each side for each km Inspection Equipment and Rectification/ Specifications
Type Parameter
(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, in
median/avenue plantation video/ image case of sight line
and ensuring no backup 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 a No obstruction due to trees Monthly Visual Removal of Immediate IRC: SP:
minimum head- Inspection trees 99-2013,
room of with IRC: SP:
21-2009
5.5 m above video/
carriageway or image backup
Obstruction in
visibility of
road
signs
Vegetation Sight line shall be free from Daily Visual IRC Immediate IRC: SP:99
affecting sight obstruction by vegetation to Inspection -2013,
line and road maintain adequate set-back with video/ IRC: SP:21
structures distance/sight distance image -2009
backup.
Asset Performance Level of Service (LOS) on Frequency of Tools/ Standards Time limit Maintenance
each side for each km Inspection Equipment and for Specifications
Type Parameter
(LHS/RHS) References Rectification/
Accept able for Repair
Number of As per IRC: SP:99 Daily IRC Within 30 days IRC: SP:99
missing plants -2013, IRC: SP:21 -2013,
-2009 IRC: SP:21
-2009
Deterioration in Health of plantation shall be Daily Timely Within 90 days IRC: SP:99
health of trees as per requirement of watering and -2013,
and bushes specifications and treatment.
IRC: SP:21
instructions issued by Or
-2009
Authority from time to time. replacement
of Trees and
Bushes.

Drainage Replacement of There should be no Weekly Visual IRC 7-15 Days

cover slabs over missing/damaged slabs Inspection
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 backup.
Condition &
to: keeping drains free of
Cleanliness obstructions, clearing
(Removal of silt, vegetation and obstructions
garbage, from water courses,
sewage, etc.) maintaining free flow and
maintaining proper lines
and levels)

There should be No Daily Visual IRC 12 hours

Water
standing water anywhere Inspection
stagnation on
on the MCW/SR/ Structures with
MCW/SR/
on any length of video
Structures
the project. / image
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) on Frequency of Tools/ Standards Time limit Maintenance
each side for each km Inspection Equipment and for Specifications
Type Parameter
(LHS/RHS) References Rectification/
Accept able for Repair
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 of There should be no Daily image backup. IRC 7-15 Days IRC: 119
Separator (CC stagnation of
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 Signs Shape and Shape and Position as per Daily Visual Improvemen 48 hours in IRC:67-2012
Position IRC:67- 2012. Inspection t of shape, in case of
Signboard should be clearly with video/ case if shape Mandatory
visible for the design speed image backup. is damage d. Signs,
of the section. Relocation Cautionary and
as per Informatory
requirement Signs (Single
and Dual post
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:67-2012
reflectivit IRC:67-2012 each signboard case of
y signboard Mandatory
using Retro Signs,
Reflectivity Cautionary and
Measuring Informatory
Device. Signs (Single
In-accordance and Dual post
with ASTM D signs).
4956- 1 Month in case
09. of Gantry/
Cantilever Sign
boards
Asset Performance Level of Service (LOS) on Frequency of Tools/ Standards Time limit Maintenance
each side for each km Inspection Equipment and for Specifications
Type Parameter
(LHS/RHS) References Rectification/
Accept able for Repair
Reflective Numbers and As per specifications in IRC: Daily Counting New Within 2 IRC: SP:
Pavement Functionality 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 properly Daily Visual Rectification Within 15 days IRC: SP:
Guardrail Functioning of maintained with proper Inspection 99-2013/
guardrail as painting, repair of damaged with video/ IRC:103
intended portion and replacement of image backup. -2012
missing
portion.
Traffic The existing barriers as Daily Visual Rectification Within 7 days IRC: SP:
Safety Functionality: well as barriers installed as Inspection 99-2013,
Barriers Functioning of part of Initial rectification with video/ IRC:11 9-2015
(including Safety Barriers should be adequately image backup.
parapet as intended spaced, positioned with
walls for proper end treatment
hill roads) wherever 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 99-2013,
Attenuators Attenuators as with video/ IRC:11 9-2015
intended image
backup.
Guard Functionality: As per Specifications Daily Visual Rectification Within 15 days IRC:79-2019
Posts and Functioning of Inspection
Delineator Guard Posts and with
s Delineators as video
intended / image
backup.
Overhead Overhead sign As 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 backup.
requisite
retroreflectivity
Functionality: As per Specifications Daily Visual Rectification Within 7 days IRC:SP
Traffic Functioning of Inspection :99-2013
Blinkers Traffic Blinkers with video/
as intended image
backup.
Asset Performance Level of Service (LOS) on Frequency of Tools/ Standards Time limit Maintenance
each side for each km Inspection Equipment and for Specifications
Type Parameter
(LHS/RHS) References Rectification/
Accept able for Repair
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 Initial and Initial and Re- Painting Cat-1 Defect – IRC:35
Minimum
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 of Testing Recommended Time limit for Specifications
Parameter on each side for each Measurement Method Remedial Rectification and Standards
km (LHS/RHS) measures
Accept able
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,
slab culverts unobstructed and after Engineer as and debris before IRC SP:40-
flow section rainy season) per IRC SP: in culvert onset of 2019 and
35- 1990 barrel after monsoon and IRC
and rainy season, within 30 SP:13- 2004
recording of removal of days after
depth of bushes and end of
silting and vegetation, rainy
area of U/s of barrel, season
vegetation. under
barrel and .
D/s of
barrel before
rainy season
Leak- proof No leakage through Bi- Physical Fixing with IRC: SP:
expansion expansion joints Annually inspection of sealant suitably 30 days or 40-2019 and
joints if expansion before onset of IRC: SP: 69-
any joints as per rains 2011
IRC SP: 35- whichever
1990 if any, comes earlier
for leakage
strains on
walls at
joints.
Structurally Spalling of concrete not Bi- Annually Detailed Repairs to 15 days IRC:SP 40-2019

more than 0.25 sqm. inspection of spalling,

all cracking, and MORTH
Delamination of components delamination, Specifications
concrete not more than of culvert as rusting shall be clause 2800
0.25 sqm.
per IRC
SP:35-1990
Cracks wider than 0.3 followed as per
mm not more than 1m IRC: SP:40-
aggregate length 2019.
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 and after rainy per IRC and pitching defect and IRC: SP:13
than 3 sqm, damage to season) SP:35-1990 observation or - 2004.
solid apron
(concreteapron) not 2 weeks
more than 1 sqm. 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 as wearing coat days Specification
ROB’s, 2811
comfort per IRC
Flyover and
SP:35-1990
 Asset Type Performance Level of Service (LOS) Frequenc Testing Recommended Time Specifications
Parameter on each side for each of Method Remedial limit and Standards
km (LHS/RHS) Measureme measures for
Accept able nt Rectific
ation
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 & 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 3 days IRC: 5-
(condition of missing stretch of crash inspection Replacement of 2015, IRC
crash barrier Barrier orpedestrian 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 Bi- Annually 15 days
reinforcement sqm. Detailed All the corroded IRC SP:40-
condition enforcement shall 2019 and
survey as need to be MORTH
per IRC SP: 35- thoroughly cleaned Specification
Spalling of Concrete Not more than 0.50 1990 using from rusting and 1600 IRC
sqm. Mobile Bridge applied with anti- SP:40-2019
Inspection corrosive coating and MORTH
Unit. before carrying out Specification
Delamination Not more than 0.50 the repairs to
sqm. 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
1990 using Defects development
Mobile and carry out
Bridge necessary
Inspection
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.
 Repairs to

Asset Type Performance Level of Service (LOS) Frequency Testing Recommended Time Specifications
Parameter on each side for each of Method Remedial measures limit and Standards
km (LHS/RHS) Measureme for
Accept able nt Rectific
ation
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 original
loads than 40 m 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 of seal in 15 MORTH
Expansion Elastomeric sealant condition expansion joint. days specifications
joints compound in strip seal/ survey as Replacement of sealing 2600 and IRC
modular type expansion per IRC SP: compound in case of SP: 40-2019.
joint, no leakage of rain 35-1990. leakage I copper strip
water through expansion Using type joint.
joint in case of buried Mobile
and asphalt plug and Bridge
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 as gaps thoroughly 2600, IRC
modular type per IRC SP: SP: 40-
expansion 35-1990. 2019 and IRC:
joint SP: 69-2011
using Mobile
Bridge
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/broken
chamber. using Mobile down take pipes with
Bridge
Inspection aminimum pipe
Unit. extension of 500mm
below sofflit of slab.
 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
Providing sealant
Around the
drainage spout if
any leakages
observed.
Bridges 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/guinitin
g and micro
concreting
depending on
type of defect
noticed
Elastomeric Delamination of bearing Bi- Annually Detailed In case of failure 3 MORTH
Bearings reinforcement not more condition of even one months 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 movable and Bi- Annually Detailed Unlocking of 30 IRC:83(Part-
And Spherical rotational parts, No condition affected parts, days III)-2018,
Bearings Corrosion, Cleanliness survey as Cleaning of Rust IRC:83(Part-
per IRC SP: and repainting. IV)- 2014
35-1990
using Mobile General Cleaning
Bridge of bearings.
Inspection
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 more and after per IRC and pitching defect SP:13-2004 and
than 3 sqm., damage to rainy SP:35-1990 observation or IRC:89- 2019
solid apron (concrete season) 2
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 IRC: SP: 84- 2019
Repairing Specifications Inspection

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

at Condition of Inspection
Rest Area/ Building
Toll Plaza/ Regular
Truck Lay Bye Cleaning
(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 99-2013 8 hours 99-2013
failur
e
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 Service Frequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each side Inspection 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
Construction
Equipment for video
Equipment
operation and / image
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 equipment and backup.
wit
h
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 per PMU fora
Testing laboratory.
video minimum of 8
O&M Center Parking space for / image hours per day and
backup. 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 Service Frequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each side Inspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

OPM-6

Asset Type Performance Level of Service (LOS)Frequency of Tools/ Remedial Time Maintenance
Measure limit for Specifications
Parameter on each side for each Inspection Equipment
Standard Rectificati
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-
pro-rata basis Employer if 2019
for
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 Employer if
for
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 Service Frequency of Tools/ Remedial Time limit for Maintenance
Parameter (LOS) on each side Inspection Equipment Measure Rectification Specifications
for each km Standard
(LHS/RHS)
Accept able

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

OPM-8

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

Encroachmen Documentatio Relevant Documents Daily Measureme - 24-48 -

t n of action to be Submitted to nts shall be Hours
against Field Office. through
encroachmen 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, rubbish, Daily Visual Removal of 12 hours Use of Mechanical
Cleanliness entire ROW dirt, rubble, dead Inspection garbage, Equipment/
plants, dead animals rubbish, dirt, Manual Labour for
etc. should be rubble, dead removal for
present within the plants, dead garbage, rubbish,
ROW. animals etc. dirt, dead plants
etc.
OPM-10
Advanced 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
(ATMS) 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 three Weekly 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 than Weekly Measureme 2-7 Days
one Met or failure of nts shall be
Meteorologica
theirrelated through
l Data System
transmission system visual
(MET)
which would render inspection
the Met inoperative.
Failure of more than Daily 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 project stretch 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 accountthe 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), 1 roads under contract)
(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)

9 Even 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 be complied 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), 1 roads under contract)
(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 forthis 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 the Contract.
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 as

Delivery of regular per the Specifications.
monthly progress
MPM- reports to the Road In case of comments, the revised document must 10,000
Controlling be resubmitted within fourteen (14) days after
1 the issuance of written comments by Engineer.
Authority
Must be complete and submitted by due date as
Asset Inventory per the Specifications.
Reports and updates In case of Comments, the revised document must
MPM- 10,000
be resubmitted within fourteen (14) days after
2
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 must
MPM- Plan Reports(QAP) 10,000
be resubmitted within fourteen (14) days after
3 the issuance of written comments by the
Engineer.
Must be complete and submitted by due date as
per the Specifications.
Program of
MPM- Performance In case of Comments, the revised document must
5,000
reports(POP) be resubmitted within fourteen (14) days after the
4 issuance of written comments by the Engineer.

Works Completion Must be complete and submitted by due date.

Reports Revision must be completed within twenty- one
MPM- (21) days after the issuance of written comments 5,000
5 by the Engineer.
Must be complete and submitted by due date.
(all reports listed
Revision must be completed within twenty- one
MPM- under Section 2,500
B.10.1) (21) days after the issuance of written comments
6 by the Engineer.
Initial Submission of complete design by due
Submission of date.
MPM- Designs 5,000
Revisions must be completed within fourteen
7 (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 for Submission of complete Compliance Tables by
MPM-8 Maintenance due date. 10,000
Services
Monthly Progress Initial Submission by due date. Revision and
Report for resubmission must be completed within seven (7)
MPM-9 Rectification and days after the issuance of written comments by 10,000
Emergency Works the Engineer.
Road Asset Damage
MPM-10 and Emergency Submission by due date. 2,500
Incident report
Initial Submission of complete report by due date.
Revision and resubmission must be completed
MPM-11 End of Contract within fourteen (14) days after the issuance of 5,000
Handover Report written comments by the Engineer.

Compliance with
requirements in the
areas of Contractor has to be in compliance at all times.
Environment, Social, Payment reduction is applied for each separate
MPM-12 Health and Safety of non-compliance, and for each day during which 30,000
workers, and Traffic non-compliance persists.
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 which require
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 on
Services (MPM-8) 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 theEmployer 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 Contractor to 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 measurements shall 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 per the
manufacturer’s recommendations and further calibration using several reference roadsections 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) inmm/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 factabsent.

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 Statement which relates
to those works. Submission of the Monthly Progress Report shall be a prerequisite 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 10 th 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 relevantauthorities;
 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 tothe 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 the road, 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 suchevents
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 hisobligations 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 Employer may 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 without risks 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 “Substantial Completion” 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 of Completion”. 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 (ifapplicable);
 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 be engaged 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 Engineer of 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. The TMP 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 pedestrians and 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 specific TMP 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 therequirement.

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 andhour 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 inwriting, 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, hour and 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 had already been
recorded during the previous month(s) and which have not been remedied by the Contractor
within the Grace Period granted by the Engineer, and apply the corresponding 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 totalamount 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 10th 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. The frequency 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) Edgedrop 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.
Also required testing has to be done as per instruction of
authority

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 experienced
Guideposts, delineators officer of the Contractor on a monthly basis by driving all
roads in each direction and to cover Standard Jobs as
and painted trees 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 the
Culvert and pit cleaning and Contractor immediately when notice is given, by the
stormwater drains 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 [Link] 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 ofPerformance;
and
 Confirm that the social and environmental requirements have been complied with during 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 thefollowing:
“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 Day payment 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 to apply 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 been rejected 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 the road 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 Tablebelow 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
No. Compliance/ ATR by Engineer
ATR
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 higher than
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 /
Criteria (X)
Payment OPM Asset No. of Non-
Category Performance Reduction Deduction compliance
Type Parameter sections
% % (per km)

(1) (3) (4) (5) (6) (7) (8)

(RP) exist,
then the
15%
deduction
shall be
proportion
ally divided
based on
actual
length of
FP/RP, so
thatthe
total
deduction
is limited
to 15%
Rigid Cracks 1.5%
Pavement# 1.5%
Spalls
#in case in Corner Breaks 1.5%
any section 1.5%
of Pot out and Potholes
1 km, both Faulting in cracks or 1.5%
flexible joints
(FP) & Joint Seal defects 1%
rigid
pavement Ravelling/Honey
(RP) exist, combed surface type 1%
then the and scaling
1 15% Polished
(b) 1% 15.00
deduction Surface/Glazing
shall be 1%
proportion Heave & Bump
ally divided Depression 1%
based on
actual Drop Off 1%
length of Blow up or buckling 0.5%
FP/RP, so
thatthe Ponding 0.5%
Road User Service and Comfort
 total
deduction
is limited Pumping 0.5%
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 shall 4.00
not be more than 30
mm)
Flexible Potholes 10.00
Pavement# Rutting/ Settlement 2.00

#in case in Cracks, 1.00

any section Corrugations and
of 1 km, Shoving 0.75 15.00
Roadway both Bleeding
flexible 0.5
(FP) &
rigid Ravelling/ Stripping 0.75
pavement

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, pruning and
Kerb, making basin,
5.00
3 Median & watering) 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

206
 Replacement of cover
slabs over drain/
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
1.00
of dust, garbage,
vegetation)
Maintenance of
6 Separator Separator (CC Barrier, 3.00
Iron Grill, Metal
fencing) including 2.00
repair & replacement
alongwith painting

Crash Physical Condition

0.50
Barriers (Painting & Cleaning)
Road 1 3.00
Furniture (including Replacement of
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
2 Guard rails Replacement/ Repair 1.00 1.00
and Painting
Road Replacement &
Signboards Repair of
& Overhead damaged/missing 5.00
3 Sign boards including 6.00
Structures shape and location
Retro reflectivity 1.00
Traffic Replacement &
blinkers, Repair of
Attenuators, damaged/missing of
Anti Glare, these items including
4 Noise shape and location 2.00 2.00
Barrier & Functionality as per
Delineators IRC guidelines

Road Studs, Replacement &

Rumble Repair of
Strips & damaged/missing of
5 Object these items including 2.00 2.00
Markers shape, location & 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 flow
1 Pipe/box/s of water 4.00 4.00
lab culverts
Protection works in
good condition
Bridges Repairs to expansion
(including joints including
cleaning & filling of 2.00
ROBs,
Flyover, sealant
2 Cleaning of drain 4.00
etc. as 1.00
applicable) spouts
Structure -Wearing Painting of Parapets,
Course 1.00
CC Barriers, etc.
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 steel 0.50
4 substructu 1.00
re
Bearings (cleaning & 0.50
 greasing)
Bridge
Scouring around
5 Foundation 1.00 1.00
foundations
s
Protection Protection works in
6 works good condition 1.00 1.00
Cleanliness & Painting
1 Bus Bay 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/ Repair 1.50 1.50
of defects
Truck Lay (electrical, water and
Project Bye sanitary installations)
Facilities
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 Mobile Maintenance 0.25 2.00
Assets Unit
Availability of
Equipment in Lab and
Calibration Certificate 0.75

Deployment of
Emergen cy Ambulance Vehicle
Response including staff as per
System - IRC SP:84/87
Operatio ns Emergency specifications
1 Response Functionality of 1.00 3.00
System Vehicle Tracking
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 System (VTS) 1.00

Maintenance of Proper
registers (Incident
Management,
Equipments)

Deployment of crane of
capacity not less than 25
MT
Maintenance of Incident 1.00
Management Register
along with Customer
Satisfaction Report

Documentation of safety
arrangements
Work Review of safety
Work Zone
Zone 1 arrangement 1.00 1.00
Safety
Safety
Validation of
documentation
Documentation of action
against encroachment

Encroachme Encroachm Validation of

nt 1 ent 2.00 2.00
documented temporary/
permanent
encroachments

Usage of Mechanical
Overall Equipment 1.00
Cleanliness Project
1 ROW 1.00 3.00
Cleanliness
Project Facilities 1.00
Video Surveillance
System
Mobile Radio
Communication System
Video Incident
Advance Detection System (VIDS)
Traffic
Manageme Vehicle Actuated Speed
nt Systems Display System
(ATMS) Emergency Roadside
Telephone System
ATMS Variable Message Sign
1 2.00 2.00
(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 each (this penalty shall continue till trigger of
km of section for first year from date of next level of roughness compliance or
completion of PR or second year from correction of the defect by the contractor,
start date whichever is earlier, shall be whichever is earlier)
liable for penalty. Penalty will be imposed
Rs. 1,000/km/lane/month.
for each km for non-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 part Rs. 1,000/km/lane/month

of Contract, the roughness beyond 2400
mm/km for each km of section for first (this penalty shall continue till trigger of
year from date of completion of IR, shall be next level of roughness compliance or
liable for penalty. Penalty will be imposed correction of the defect by the contractor,
for each km for non-compliance whichever is earlier)
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
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.

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 ATMS/Ambulance/Crane/Patrolling Vehicle in payment reduction

scheme only if part of the scope of the instant PBMC contract

Note 7: Add other project facilities in payment reduction scheme if available on the project
stretch and part of the scope of instant PBMC 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 Maintenance Services, 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 execution of 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 andenvironment;
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 and the Water
Before Commencement of
1 (Prevention &Control of Pollution) Act, 1974 for
Work
Batch Mix Plant/Hot Mix Plant, to be obtained
from SPCB
Consent to establish and Consent to operate under
Air (Prevention & Control of Pollution) Act, 1981
Before Commencement of
2 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 for
Before Commencement of
3 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 Hazardous and Other Before Commencement of
4 Wastes (Management and. Transboundary Work
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 e.g., execution of Work (as
Royalty payment applicable)
Permission for Fuel storage and consumption in Before Commencement of
7
HMP operations from PESO Work
Consent to Operate (CTO) under Air (Prevention
& Control of Pollution) Act, 1981 and the Water Before Start of
8 (Prevention &Control of Pollution) Act, 1974 for HMP/batching plant
Batch Mix Plant/Hot Mix Plant, to be obtained Operation*
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 per money after Project
specified management plan closure

SPCB: State Pollution Control Board

PESO: Petroleum and Explosives Safety Organization
 SECTION – 8

DRAWINGS AND SCHEDULE

OF DRAWINGS

(Refer Annexure -1 at the end of Document)

 SECTION – 9

FINANCIAL BID FORM AND BILL

OF QUANTITIES
 FINANCIAL BID FORM

To
(Authorized Representative of Employer)
DESCRIPTION OF WORKS: BID FOR (Name of work)
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 withoutprejudiceto
yourrighttowithdrawsuchacceptancewithoutassigninganyreasons thereof.
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 behalfof

(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 = 69.044 kms (L)

BIlL NO. DESCRIPTION OF WORKS Lump Sum Amount AMOUNT

(1) (2) Per KM (3) (in Rs.) (4)= (3) x (L)

(a) Civil Work

BILL NO. 1 Rs. 25,94,237.23 Rs. 17,91,16,515.00
ROUTINE MAINTENANCE

BILL NO. 2 INITIAL RECTIFICATION WORKS Rs. 2,015.29 Rs. 1,39,143.71

PERIODICAL MAINTENANCE W O R K S Rs. 58,87,707.67 Rs. 40,65,10,888.60

BILL NO. 3
BILL NO. 4 EMERGENCY WORKS (Unit Rates) - Rs.…………

SUB TOTAL (of Bill No. 1 to 4 above) (a) Rs.

58,57,66,547.31

A TOTAL BID PRICE [(Total of Bill 1 to 4 Rs.

above (a) 58,57,66,547.31

Bidder’s Quoted percentage above/ below

B In figures: …. (%) In
the total amount indicated by the
Words: …. (%)
Employer.

C Discount/Premium (A x B) Rs..…………
Bid Price
D (A - C in case of Discount and Rs………….
A +C in case of Premium)

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 (exclusive 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 Example: The total Lumpsum Amount for Bill 2 (for NH-168 ) (after tender
discount/premium) is Rs. 6,05,28,007.41 /-and total Lumpsum Amount for Bill 2 (for NH-
1 6 8 ) is Rs. 1,72,86,169.62 /-A Further, as per approved work programme the following
weightages have been finalized for Initial Rectification Works for
1. NH-168 length - 68.174 km (0.00 km to 68.174 km) project stretch:

Chainage of Section Length of Section Financial Weightage in Total Bill 2

(in
From Km. To Km. %)
0.00 1.00 1.0 0.5 %
1.00 2.00 1.0 0.5 %
2.00 3.00 1.0 0.5 %
3.00 4.00 1.0 0.5 %
4.00 5.00 1.0 0.5 %
5.00 6.00 1.0 0.5 %
6.00 7.00 1.0 1%
7.00 8.00 1.0 1%
8.00 9.00 1.0 1%
9.00 10.00 1.0 1%
10.00 11.00 1.0 1%
11.00 12.00 1.0 1%
12.00 13.00 1.0 1%
13.00 14.00 1.0 1%
14.00 15.00 1.0 1%
15.00 16.00 1.0 1%
16.00 17.00 1.0 1%
17.00 18.00 1.0 1%
18.00 19.00 1.0 1%
19.00 20.00 1.0 1%
20.00 21.00 1.0 2%
21.00 22.00 1.0 2%
22.00 23.00 1.0 2%
23.00 24.00 1.0 2%
24.00 25.00 1.0 2%
25.00 26.00 1.0 2%
26.00 27.00 1.0 2%
27.00 28.00 1.0 2%
28.00 29.00 1.0 2%
29.00 30.00 1.0 2%
30.00 31.00 1.0 2%
31.00 32.00 1.0 2%
32.00 33.00 1.0 2.5 %
33.00 34.00 1.0 2.5 %
34.00 35.00 1.0 2.5 %
35.00 36.00 1.0 3%
36.00 37.00 1.0 3%
37.00 38.00 1.0 3%
 38.00 39.00 1.0 3%
39.00 40.00 1.0 3%
40.00 41.00 1.0 2.5 %
41.00 42.00 1.0 2.5 %
42.00 43.00 1.0 2.5 %
43.00 44.00 1.0 2.5 %
44.00 45.00 1.0 2.5 %
45.00 46.00 1.0 2%
46.00 47.00 1.0 1%
47.00 48.00 1.0 1%
48.00 49.00 1.0 1%
49.00 50.00 1.0 1%
50.00 51.00 1.0 1%
51.00 52.00 1.0 1%
52.00 53.00 1.0 1%
53.00 54.00 1.0 1%
54.00 55.00 1.0 1%
55.00 56.00 1.0 1%
56.00 57.00 1.0 1%
57.00 58.00 1.0 1%
58.00 59.00 1.0 1%
59.00 60.00 1.0 1%
60.00 61.00 1.0 1%
61.00 62.00 1.0 1%
62.00 63.00 1.0 1%
63.00 64.00 1.0 1%
64.00 65.00 1.0 1%
65.00 66.00 1.0 1%
66.00 67.00 1.0 1%
67.00 68.174 1.174 1%
Total 68.174 km 100%

In case in month “M”, the contractor does work from km 33.00 to km 36.00 (for NH-168), then due
the payment for the month “M” shall be worked out as = Rs. 6,05,28,007.41 x [(34-33)x 2.5%
+ (35-34) x 2.5% + (36-35) x 3%] = Rs. 48,42,240.59/-]

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 with amount 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 (for NH-168
after tender discount/premium) is Rs. 42,22,926.32/- and Lump Sum rate per km (for all
lanes) for Periodic Maintenance Works (for NH-168 after tender discount/premium) is Rs.
65,76,425.36/- and

in any month “M”, work of PR has been executed by the contractor for Km. 0.00 to 17.00 Km.
(for all lanes of NH-168) 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. 42,22,926.32 x (17.00- 0.00) =
Rs. 7,17,89,747.44/-
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-sum value 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 as on 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 (exclusive 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.

Item Description Total Per Km Per Contract Total Amount (in

No. of Items Length of Month Rate Period in Rs.)
Project (2) months (4) = (1) x (2) (3)
(1) (3)
A Routine Maintenance 67.344 Km 42,750.00 60 17,27,37,360.00
for the following
sections:
Highway
Km 0/0 to km 42/420
and km 43/250 to
68/174 of NH 168

B Routine Maintenance 0.830 Km 38,475.00 60 19,16,055.00

for the following
sections:
Highway from km.
km 42/420 to 43/250
of NH 168(
Missing link portion of
NH 168)

C Routine Maintenance 0.870 Km 85,500.00 60 44,63,100.00

for the following
sections:
Highway from km
ROB( 39/320 to
40/190) of NH 168A
(4 lane ROB with 3.5 m
SR on both sides)
 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:

Total Length of Project =69.044 Kms (L)

IT. ESTI.
QTY. DESCRIPTION OF ITEM UNIT AMOUNT
NO. RATE
Dense Graded Bituminous Macadam-II
(Providing and laying 50 mm thick Dense
Graded Bituminous Macadam with 100-120
TPH capacity batch type HMP using crushed
aggregates of specified grading, premixed with
bituminous binder @ 4.5 per cent by weight of
1 14.53 total mix and filler, transporting the hot mix to 9579.60 cum 1,39,143.71
work site, laying with a hydrostatic paver
finisher with sensor control to the required
grade, level and alignment, rolling with smooth
wheeled, vibratory and tandem rollers to
achieve the desired compaction as per MoRTH
specification clause No. 505 complete in all
respects including emulsion tack coat @ 0.20
kg/sqm)
 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 = 69.044 kms (L)

A. For Highway from Km. 0/00 to km. 68/174 of NH-168 (Length = 68.174Km.)

IT. QTY. DESCRIPTION OF ITEM ESTI. RATE UNIT AMOUNT.

NO.
1 1470.00 Construction of Granular Sub-Base (GSB) (black Trap 1991.00 Cum.
stone ) by providing close graded material, spreading 29,26,770.00
in uniform layers with motor grader on prepared
surface, mixing by mix in place method with rotavator
at OMC, and compacting with vibratory roller to
achieve the desired density, complete as per clause
401) (Grade-IV)

RA 1
2 1802.50 Wet Mix Macadam laying using by Grader (Providing, 2019.00 Cum.
laying, spreading and compacting graded stone 36,39,247.50
aggregate to wet mix macadam specification including
premixing the Material with water at OMC in
mechanical mix plant carriage of mixed Material by
tipper to site, laying in uniform layers with paver in
sub- base / base course on well prepared surface and
compacting with vibratory roller to achieve the
desired density.)

RA 2
3 7000.00 Providing and applying primer coat with bitumen 37.94 Sqm.
emulsion on prepared surface of granular Base 2,65,580.00
including clearing of road surface and spraying
primer at the rate of 0.60 kg/sqm using mechanical
means

(NH SOR 2023-24, It. No.5.1A(i))

4 2054.35 Providing and laying Dense Bituminous Macadam 9579.60 Cmt.
with 100-120 TPH capacity batch type HMP 1,96,79,854.19
producing an average output of 75 tones per hour
using crushed aggregates of specified grading
premixed with bituminous binder grade VG-40 @
4.50 % by weight of total mix, transported to site, laid
over a previously prepared surface laying with
hydrostatic paver finisher / Manually for small
patches as directed by Engineer-in charge to the
required grade, level and alignment and rolled as per
clauses 501.6 and 501.7 to achieve the desired
compaction including applying tack coat with
emulsion bitumen at rate of 0.20 Kg. per Sqmt with a
sprayer. Grading- II

R.A. 3
5 28171.20 Providing and laying 40 mm thick Bituminous 10958.21 Cmt.
concrete with 100-120 TPH capacity batch type HMP 30,87,06,056.41
using crushed aggregates of specified grading,
premixed with bituminous binder Grade VG-40 @
5.40 % by weight of total mix and filler, transporting
the hot mix to work site, laying with a hydrostatic
paver finisher with sensor control to the required
grade, level and alignment, rolling with smooth
wheeled, vibratory and tandem rollers to achieve the
desired compaction as per MoRTH specification
clause No. 507 complete in all respectsincluding
applying tack coat with emulsion bitumen at rate of
0.20 [Link] Sqmt with a sprayer.
R.A. 4
6 7896.00 Construction of Subgrade and Earthen Shoulders 190.20 Cmt.
(Construction of subgrade and earthen shoulders 15,01,819.20
with approved material obtained from borrow pits
with all lifts & leads, transporting to site, spreading,
grading to required slope and compacted to meet
requirement of table No. 300-2)

NH SOR 2023-24 (It. No. 3.18)

7 33164.01 Providing and laying of hot applied thermoplastic 427.00 Smt.
compound 2.5 mm thick including reflectorising glass 1,41,61,033.55
beads @ 250 gms per sqm area, thickness of 2.5 mm
is exclusive of surface applied glass beads as per
IRC:35 .The finished surface to be level, uniform and
free from streaks and holes.
NH SOR 2023-24 (It. No. 8.13)
8 12158.00 Cats eye : Cat Eye / Road Stud / RPM: Supplying of 323.00 No.
Molded Twin Shanks Raised Pavement Markers made 39,27,034.00
of polycarbonate and ABS moulded body and
reflective panels with Micro prismatic lens (No Glass
bead lens) capable of providing total internal
reflection of the light entering the lens face and shall
support a load of 13635 kgs. tested in accordance to
ASTM D 4280 Type H and complying to Specifications
of Category A of MORTH Circular No
RW/NH/33023/10-97 – DO III Dt 11.06. 1997. The
height, width and length shall not exceed 20 mm, 130
mm and 130 mm and with minimum reflective area of
13 Sqcm on each side and the slope to the base shall
be 35 +/- 5 degree. The strength of detachment of the
integrated cylindrical shanks, (of diameter not less
than 19 +/- 2 mm and height not less than 30+/- 2
mm) from the body is to be a minimum value of 500
Kgf. Fixing will be by drilling holes on the road for the
shanks to go inside, without nails and using epoxy
resin based adhesive as per manufacturer’s
recommendation and The color of the marker should
be as per the IRC 35-2015 and as directed by
Engineer-in-charge.
R&B SOR 2023-24 (It No. 26162A)
9 (Providing and fixing of retro- reflectorised
cautionary, mandatory and informatory sign as per
IRC :67 made of encapsulated lens type High Intensity
Prismatic grade retro reflective sheeting vide clause
801.3, fixed over aluminium sheeting, 1.5 mm thick
supported on a mild steel angle iron post 75 mm x 75
mm x 6 mm firmly fixed to the ground by means of
properly designed foundation with M15 grade cement
concrete 45 cm x 45 cm x 60 cm, 60 cm below ground
level as per approved drawing).
35.00 ( i ) 120 cm equilateral triangle 7218.00 Nos.
2,52,630.00
21.00 ( v ) 120 cm circular 11521.00 Nos.
2,41,941.00
248.00 ( ix) 90 cm x 75 cm rectangular 7655.00 Nos.
18,98,440.00
22.00 (xii) 60 cm x 45 cm rectangular 4221.00 Nos.
92,862.00
6.00 (xiv) 120 cm high octagon 12046.00 Nos.
72,276.00
NH SOR 2023-24 (It. No. 8.4 B )
10 Kilo Metre Stone (Reinforced cement concrete M15
grade kilometre stone of standard design as per
IRC:8-1980, fixing in position including painting and
printing etc)
5.00 5th kilometre stone (precast) 3498.00 each
17,490.00
12.00 Ordinary Kilometer stone (Precast) 2008.00 each
24,096.00
272.00 Hectometer stone (Precast) 628.00 each
1,70,816.00
NH SOR 2023-24 (It No. 8.14)
11 12.00 Street Lighting (Providing and erecting street light 3,723.00 Nos.
mounted on a steel circular hollow pole of standard 44,676.00
specifications for street lighting, 9 m high spaced 40
m apart, 1.8 m overhang on both sides if fixed in the
median and on one side if fixed on the footpath, fitted
with sodium vapour lamp and fixed firmly in concrete
foundation.) For fixing in Footpath

(NH SOR 2023-24, Item No. 8.27(ii) )

12 500.00 Tubular Steel Railing on Medium Weight steel channel 2,388.00 Rmt.
( ISMC series) 100 mm x 50 mm (Providing, fixing and 11,94,000.00
erecting 50 mm dia steel pipe railing in 3 rows duly
painted on medium weight steel channels (ISMC
series) 100 mm x 50 mm, 1.2 metres high above
ground, 2 m centre to centre, complete as per
approved drawings) 8.20
(NH SOR 2023-24, Item No. 8.20)
13 6.00 Solar Blinker:-Providing and fixing of Solar Powered 18101.00 Nos.
Traffic Blinkers LED based 300mm/200mmdia signal 1,08,606.00
head with In built blinker unit haivng battery &
battery charger unit with photo electrics with
complete as per technical specification clause 112 and
as directed by the Engineer; 4 mtr long stand post of
65NB Circular MS Pipe as required. The fixing at site
shall be in 1:2:4 CC blockof size 45 x 45 x 60 Cms. for
each [Link] excavation, curing [Link]
under the supervision of engineer in charge.

RA 6
14 2045.22 Cast in Situ Cement Concrete M 20 Kerb with Channel 166.00 Rmt.
(Construction of cement concrete kerb with channel 3,39,506.52
with top and bottom width 115 and 165 mm
respectively, 250 mm high in M 20 grade PCC on M10
grade foundation 150 mm thick, kerb channel 300
mm wide, 50 mm thick in PCC M20 grade, sloped
towards the kerb, kerb stone with channel laid with
kerb laying machine, foundation concrete laid
manually, all complete as per clause 408)

(NH SOR 2023-24, Item No. 8.2 )

15 2080.00 Earth work in excavation of foundation of structures 79.95 Cmt.
as per drawing and technical specification, including 1,66,296.00
setting out, construction of shoring and bracing,
removal of stumps and other deleterious matter,
dressing of sides and bottom, back filling with
approves materials. Ordinary Soil Depth upto 3.0 m,
By mechanical means)
(NH SOR 2023-24, Item No. 12.1-I-B-I] )
16 390.00 Plain/Reinforced cement concrete of grade M-15 in 3910.22 Cmt.
open foundation complete as per drawing and 15,24,985.80
technical specifications.
(NH SOR 2023-24, Item No. 12.8 (A)Case II )
17 2800.00 Plain/Reinforced Cement Concrete M-25 in Open Sub 4721.00 Cmt.
Structure complete as per Drawing and Technical 1,32,18,800.00
[Link] conrete mixer. Height upto 5m.
 (NH SOR 2023-24, Item No.13.5-C-P )
18 84.00 Supplying,fitting and placing TMT Fe-550D bar 85992.00 MT
reinforcement in sub-structure complete as per 72,23,328.00
drawing and technical specification.

(NH SOR 2023-24, Item No. 13.6)

19 15000.00 Turfing with Sods (Furnishing and laying of the live 337.35 sqm
sods of perennial turf forming grass on embankment 50,60,250.00
slope, verges or other locations shown on the
drawing or as directed by the engineer including
preparation of ground, fetching of rods and
watering)Including maintanance for 1st Year

As per RA 5
20 556.00 Construction of Granular Sub-Base (GSB) by 1991.00 Cum
providing close graded material, spreading in uniform 11,06,996.00
layers with motor grader on prepared surface, mixing
by mix in place method with rotavator at OMC, and
compacting with vibratory roller to achieve the
desired density, complete as per clause 401) (Grade-
IV)
RA 1
21 698.00 Wet Mix Macadam laying using by Grader (Providing, 2019.00 Cum.
laying, spreading and compacting graded stone 14,09,262.00
aggregate to wet mix macadam specification including
premixing the Material with water at OMC in
mechanical mix plant carriage of mixed Material by
tipper to site, laying in uniform layers with paver in
sub- base / base course on well prepared surface and
compacting with vibratory roller to achieve the
desired density.)
RA 2
22 2085.00 Providing and applying primer coat with bitumen 37.94 Sqm.
emulsion on prepared surface of granular Base 79,104.90
including clearing of road surface and spraying
primer at the rate of 0.60 kg/sqm using mechanical
means
(NH SOR 2023-24, It. No.5.1A(i))
23 106.31 Dry Lean Cement Concrete Sub- base (Construction of 2193.55 cum
dry lean cement concrete Sub- base over a prepared 2,33,201.78
sub-grade with coarse and fine aggregate conforming
to IS: 383, the size of coarse aggregate not exceeding
25 mm, aggregate cement ratio not to exceed 15:1,
aggregate gradation after blending to be as per table
600-1, cement content not to be less than 150 kg/
cum, optimum moisture content to be determined
during trial length construction, concrete strength not
to be less than 10 Mpa at 7 days, mixed in a batching
plant, transported to site, laid with a paver with
electronic sensor, compacting with 8-10 tonnes
vibratory roller, finishing and curing.
(NH SOR 2023-24, It. No.6.1)
24 168.75 Cement Concrete Pavement (Construction of un- 6434.52 cum
reinforced, dowel jointed, plain cement concrete 10,85,825.25
pavement over a prepared sub base with 43 grade
cement @ 400 kg per cum, coarse and fine aggregate
conforming to IS 383, maximum size of coarse
aggregate not exceeding 25 mm, mixed in a batching
and mixing plant as per approved mix design,
transported to site, laid with a fixed form or slip form
paver, spread, compacted and finished in a
continuous operation including provision of
contraction, expansion, construction and longitudinal
joints, joint filler, separation membrane, sealant
primer, joint sealant, debonding strip, dowel bar, tie
rod, admixtures as approved, curing compound,
finishing to lines and grades as per drawing )
(NH SOR 2023-24, It. No.6.2)
25 1500.00 Replacement of crash barrier. 643.00 Rmt
9,64,500.00
NH SOR 2023-24(It No. 17.2 )
26 15730.65 Embankment Construction with Material Obtained 185.40 cum.
from Borrow Pits (Construction of embankment with 29,16,462.51
approved material obtained from borrow pits with all
lifts and leads, transporting to site, spreading, grading
to required slope and compacting to meet
requirement of table 300-2)
NH SOR 2023-24 Item No: 3.16
27 699.14 Surface Drains in Soil (Construction of unlined surface 53.10 Rmt.
drains of average cross sectional area 0.40 sqm in soil 37,124.33
to specified lines, grades, levels and dimensions to the
requirement of clause 301 and 309. Excavated
material to be used in embankment within a lead of50
metres (average lead 25 metres)) A)Mechanical
means
(NH SOR 2023-24, Item No. 3.25(A) )
TOTAL ESTIMATED COST Rs.
39,42,90,870.94

B. For Highway from Km. ROB (LC No-149 A) Between CH:-39/320 to 40/190 on 168A in the state
of Gujarat.

IT. QTY. DESCRIPTION OF ITEM ESTI. RATE UNIT AMOUNT.

NO.
1 146.57 Providing and laying Dense Bituminous Macadam with 9579.60 Cmt.
100-120 TPH capacity batch type HMP producing an 14,04,063.02
average output of 75 tones per hour using crushed
aggregates of specified grading premixed with
bituminous binder grade VG-40 @ 4.50 % by weight of
total mix, transported to site, laid over a previously
prepared surface laying with hydrostatic paver finisher /
Manually for small patches as directed by Engineer-in
charge to the required grade, level and alignment and
rolled as per clauses 501.6 and 501.7 to achieve the
desired compaction including applying tack coat with
emulsion bitumen at rate of 0.20 Kg. per Sqmt with a
sprayer. Grading- II
R.A. 3
2 906.84 Providing and laying 40 mm thick Bituminous concrete 10958.21 Cmt.
with 100-120 TPH capacity batch type HMP using 99,37,347.37
crushed aggregates of specified grading, premixed with
bituminous binder Grade VG-40 @ 5.40 % by weight of
total mix and filler, transporting the hot mix to work site,
laying with a hydrostatic paver finisher with sensor
control to the required grade, level and alignment,
rolling with smooth wheeled, vibratory and tandem
rollers to achieve the desired compaction as per MoRTH
specification clause No. 507 complete in all
respectsincluding applying tack coat with emulsion
bitumen at rate of 0.20 [Link] Sqmt with a sprayer.
R.A. 4
3 1139.73 Providing and laying of hot applied thermoplastic 427.00 Smt.
compound 2.5 mm thick including reflectorising glass 4,86,664.71
beads @ 250 gms per sqm area, thickness of 2.5 mm is
exclusive of surface applied glass beads as per IRC:35
.The finished surface to be level, uniform and free from
streaks and holes.
NH SOR 2023-24 (It. No. 8.13)
4 1213.44 Cats eye : Cat Eye / Road Stud / RPM: Supplying of 323.00 No.
Molded Twin Shanks Raised Pavement Markers made of 3,91,942.56
polycarbonate and ABS moulded body and reflective
panels with Micro prismatic lens (No Glass bead lens)
capable of providing total internal reflection of the light
entering the lens face and shall support a load of 13635
kgs. tested in accordance to ASTM D 4280 Type H and
complying to Specifications of Category A of MORTH
Circular No RW/NH/33023/10-97 – DO III Dt 11.06.
1997. The height, width and length shall not exceed 20
mm, 130 mm and 130 mm and with minimum reflective
area of 13 Sqcm on each side and the slope to the base
shall be 35 +/- 5 degree. The strength of detachment of
the integrated cylindrical shanks, (of diameter not less
than 19 +/- 2 mm and height not less than 30+/- 2 mm)
from the body is to be a minimum value of 500 Kgf.
Fixing will be by drilling holes on the road for the shanks
to go inside, without nails and using epoxy resin based
adhesive as per manufacturer’s recommendation and
The color of the marker should be as per the IRC 35-
2015 and as directed by Engineer-in-charge.

R&B SOR 2023-24 (It No. 26162A)

TOTAL ESTIMATED COST Rs.
1,22,20,017.66
 SECTION – 10
SUMMARY OF ASSETS
 SECTION – 10
SUMMARY OF ASSETS

1. Site

The Site of the Project Highway comprises the section of National Highway 168 commencing from km
0/00 to km 68/174 i.e., Tharad-Dhanera-Panthawada section and National Highway 168A commencing
from km 39/320 to km 40/190 i.e., ROB (LC149A) in the State of Gujarat. 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) as described
below:

S. No. Chainage (Km) Length (Km) ROW (m)

From To

NH-168 (Tharad-Dhanera-Panthawada)

1 0/000 68/174 68.174 24.00 TO 30.00

NH-168A (Nenava-Dhanera-Zerda)

1 39/320 40/190 0.870 30.00

3. Carriageway

The present carriageway of the Project Highway is Two lane. The types of the existing pavements are
flexible pavement.

S. No. Existing Location (Km) Length (Km) Carriageway Formation Height of

width (m) Width (m) Embankment
From To (m)

NH-168 (Tharad-Dhanera-Panthawada)

1 0/000 42/420 42.420 10.00 14.00 Avg. 1.2 m

above from GL

2 42/420 43/250 0.830 7.00 10.00 Avg. 1.2 m

above from GL

3 43/250 68/174 24.924 10.00 14.00 Avg. 1.2 m

above from GL
 NH-168A (Nenava-Dhanera-Zerda)

1 39/320 40/190 0.870 2*9.50 24.00 ROB

4. Major Bridges

The Site includes the following Major Bridges:

S. No. Chainage Type of Structure No. of Spans Width

(km) with span (m)
Sub-structure Super-structure length (m)

NH-168 (Tharad-Dhanera-Panthawada)

1 41/000 High Level 3 x 35.00 11.00+1.5

(Footpath)
NH-168A (Nenava-Dhanera-Zerda)

1 39/885 ROB 0.870 2*9.50+

2*3.5(SR)

5. Minor bridges

The Site includes the following minor bridges:

S. No. Chainage Type of Structure No. of Spans Width

(km) with span (m)
Sub-structure Super-structure length (m)

NH-168 (Tharad-Dhanera-Panthawada)

1 2+358 RCC BOX CELL 49.00 10.00

2 40+455 RCC BOX CELL 10.00 10.00

3 40+712 RCC BOX CELL 8.00 10.00

4 47+180 RCC BOX CELL 25.00 10.00

5 55+625 RCC BOX CELL 32.00 10.00

6 63+600 RCC BOX CELL 20.00 10.00

7 64+992 RCC BOX CELL 18.00 10.00

8 65+743 RCC BOX CELL 20.00 10.00

9 66+157 RCC BOX CELL 30.00 10.00

 10 67+000 RCC BOX CELL 42.00 10.00

11 67+170 RCC BOX CELL 13.00 10.00

6. Culverts

The Site has the following culverts:

Sr No Km Type of Culvert Span(m) Width(m)

NH-168 (Tharad-Dhanera-Panthawada)
1 00+153 Box Culvert 3.00 10.00
2 00+913 Box Culvert 3.00 10.00
3 01+693 Box Culvert 3.00 10.00
4 02+703 Box Culvert 3.00 10.00
5 03+299 Box Culvert 3.00 10.00
6 04+441 Box Culvert 3.00 10.00
7 05+331 Box Culvert 3.00 10.00
8 06+203 Box Culvert 3.00 10.00
9 06+403 Box Culvert 3.00 10.00
10 07+153 Box Culvert 3.00 10.00
11 07+908 Box Culvert 3.00 10.00
12 09+208 Box Culvert 3.00 10.00
13 09+761 Box Culvert 3.00 10.00
14 10+277 Box Culvert 3.00 10.00
15 10+969 Box Culvert 3.00 10.00
16 11+178 Box Culvert 3.00 10.00
17 11+651 Box Culvert 3.00 10.00
18 12+278 Box Culvert 3.00 10.00
19 12+513 Box Culvert 3.00 10.00
20 12+789 Box Culvert 3.00 10.00
21 13+253 Box Culvert 3.00 10.00
22 13+743 Box Culvert 3.00 10.00
23 14+113 Box Culvert 3.00 10.00
24 14+741 Box Culvert 3.00 10.00
25 15+606 Box Culvert 3.00 10.00
26 16+154 Box Culvert 3.00 10.00
27 16+623 Box Culvert 3.00 10.00
28 16+821 Box Culvert 3.00 10.00
29 17+578 Box Culvert 3.00 10.00
30 17+613 Box Culvert 3.00 10.00
31 17+648 Box Culvert 3.00 10.00
32 17+688 Box Culvert 3.00 10.00
33 18+297 Box Culvert 3.00 10.00
34 18+893 Box Culvert 3.00 10.00
35 19+355 Box Culvert 3.00 10.00
36 19+628 Box Culvert 3.00 10.00
37 20+328 Box Culvert 3.00 10.00
38 20+793 Box Culvert 3.00 10.00
39 21+503 Box Culvert 3.00 10.00
40 21+593 Box Culvert 3.00 10.00
41 23+228 Box Culvert 3.00 10.00
42 23+364 Box Culvert 3.00 10.00
43 23+793 Box Culvert 3.00 10.00
44 24+127 Box Culvert 3.00 10.00
45 24+578 Box Culvert 3.00 10.00
46 25+191 Box Culvert 3.00 10.00
47 25+718 Box Culvert 3.00 10.00
48 26+152 Box Culvert 3.00 10.00
49 26+553 Box Culvert 3.00 10.00
50 26+853 Box Culvert 3.00 10.00
51 27+243 Box Culvert 3.00 10.00
52 27+921 Box Culvert 3.00 10.00
53 28+531 Box Culvert 3.00 10.00
54 28+828 Box Culvert 3.00 10.00
55 29+028 Box Culvert 3.00 10.00
56 29+433 Box Culvert 3.00 10.00
57 30+023 Box Culvert 3.00 10.00
58 30+575 Box Culvert 3.00 10.00
59 31+263 Box Culvert 3.00 10.00
60 31+862 Box Culvert 3.00 10.00
61 32+385 Box Culvert 3.00 10.00
62 32+683 Box Culvert 3.00 10.00
63 33+203 Box Culvert 3.00 10.00
64 33+640 Box Culvert 3.00 10.00
65 33+898 Box Culvert 3.00 10.00
66 34+266 Box Culvert 3.00 10.00
67 34+978 Box Culvert 3.00 10.00
68 35+423 Box Culvert 3.00 10.00
69 35+663 Box Culvert 3.00 10.00
70 36+003 Box Culvert 3.00 10.00
71 36+653 Box Culvert 3.00 10.00
72 37+303 Box Culvert 3.00 10.00
73 37+943 Box Culvert 3.00 10.00
74 37+993 Box Culvert 3.00 10.00
75 38+613 Box Culvert 3.00 10.00
76 38+928 Box Culvert 3.00 10.00
 77 39+208 Box Culvert 3.00 10.00
78 39+955 Box Culvert 3.00 10.00
79 41+273 Box Culvert 3.00 10.00
80 41+778 Box Culvert 3.00 10.00
81 43+429 Box Culvert 3.00 10.00
82 43+849 Box Culvert 3.00 10.00
83 44+914 Box Culvert 3.00 10.00
84 45+254 Box Culvert 3.00 10.00
85 45+554 Box Culvert 3.00 10.00
86 46+089 Box Culvert 3.00 10.00
87 46+414 Box Culvert 3.00 10.00
88 48+152 Box Culvert 3.00 10.00
89 48+728 Box Culvert 3.00 10.00
90 49+054 Box Culvert 3.00 10.00
91 50+183 Box Culvert 3.00 10.00
92 50+869 Box Culvert 3.00 10.00
93 51+517 Box Culvert 3.00 10.00
94 51+786 Box Culvert 3.00 10.00
95 52+107 Box Culvert 3.00 10.00
96 53+454 Box Culvert 3.00 10.00
97 54+662 Box Culvert 3.00 10.00
98 55+297 Box Culvert 3.00 10.00
99 56+259 Box Culvert 3.00 10.00
100 56+357 Box Culvert 3.00 10.00
101 56+564 Box Culvert 3.00 10.00
102 57+252 Box Culvert 3.00 10.00
103 57+596 Box Culvert 3.00 10.00
104 58+128 Box Culvert 3.00 10.00
105 58+246 Box Culvert 3.00 10.00
106 59+646 Box Culvert 3.00 10.00
107 60+986 Box Culvert 3.00 10.00
108 61+266 Box Culvert 3.00 10.00
109 61+386 Box Culvert 3.00 10.00
110 62+723 Box Culvert 3.00 10.00
111 62+783 Box Culvert 3.00 10.00
112 62+965 Box Culvert 3.00 10.00
113 64+339 Box Culvert 3.00 10.00
114 67+549 Box Culvert 3.00 10.00

7. Road Side Drains

The details of Road side earthen drains are listed as below.

 S. No. Chainage (Km) Length (km) Left Hand Side Right Hand Side

NH-168 (Tharad-Dhanera-Panthawada)

1. 0/00 to 68/174 67.344 Both Side

NH-168A (Nenava-Dhanera-Zerda)

39+320 to 40+190 0.796 Both Side

8. Major Junctions

The details of major junctions are as follows:

S. No. Location Category of Cross Road

from km to km At grade NH SH MDR Others

NH-168 (Tharad-Dhanera-Panthawada)

1 00/00 Yes Yes

2 68/174 Yes Yes

(NH: National Highway, SH: State Highway, MDR: Major District Road)

9. Sign Board

Sr. No. Sign Board Nos.

NH-168 (Tharad-Dhanera-Panthawada)
1 Cautionary Sign 173
2 Regulatory Sign 105
3 Informatory Sign 496
4 Hazard Boards 110
5 Chevron Sign 80
NH-168A (Nenava-Dhanera-Zerda)
1 Cautionary Sign 16
2 Regulatory Sign 12
3 Hazard Sign 4
4 Bollard Boards 2
5 Chevron Sign 20
10. Thermoplastic Paint.

Sr. No. Chainage Length (Km)

NH-168 (Tharad-Dhanera-Panthawada)
1 0/00-68/174 67.344
NH-168A (Nenava-Dhanera-Zerda)
1 39/320-40/190 0.870

11. Cat eyes

Sr. No Chainage Nos.

NH-168 (Tharad-Dhanera-Panthawada)
1 0/00-68/174 18470
NH-168A (Nenava-Dhanera-Zerda)
1 39/320-40/190 390

Note: The above quantities are indicative; the bidder shall make its own assessment. A joint site
assessment will be carried out within fifteen days after the issuance of the work order.
 SECTION – 11
Special Instructions for Bidder

1. For Maintenance of proper record of the execution of the work Photography/ Videography shall be taken
by the agency before, during and after execution if work and a digital copy of the same may be submitted to
competent authority.

2. The Project display boards are to be erected on the either end of the project reach as per the Ministry’s
letter [Link]/NH-11060/1/98-(DO-I), dated: 05/11/1998

3. The guidelines for road safety vide Ministry’s letter no. RW/NH-33072/04/2004-S&R(R), dated:
27/04/2010 shall be followed.

4. The guidelines for implementation of supervisory Control and Data Acquisition (SCADA) System vide
Government of Gujarat Road and Building department circular No: MCN/102015/20/H dated:19/02/2021
shall be followed.

5. Bitumen shall be heated in boilers and heating in drums on open fire shall not be permitted in any case.
Spraying of bitumen shall be done only with the mechanical sprayer and premixing of bitumen and stone
aggregate should be done only in proper mechanical mixture/ hot mix plant.

6. 10% testing shall be done in R&B department approved NABL Laboratory and 10% testing shall be in
GERI, Government engineering / polytechnic college and circular of Government of Gujarat Road and
building department circular No: - PRCH/102007/28/C Date 17/05/2019 shall be follow.

7. Ten (10) Nos. of Hardbound copies of the executed agreement shall be submitted to the client by the
contractor.

8. Bitumen shall be used of manufactured by Indian refineries [Link] refinery should be manufactured
that bitumen in india only and not allowed imported bitumen.

9. For BC, modified bitumen (using polymer/crumbed rubber/natural rubber) or VG-40 grade of bitumen
has to be used. Similarly, for BC and DBM also, anti-stripping agent is to be used with VG- 40 grade bitumen.
For both BC & DBM, hydrated lime/cement filler shall be used.

10. For Concrete works, Contractor shall utilize only stationary (central) concrete batching & mixing
plan & Machineries with PLC connected with computer and supervisory control and data acquisition
(SCADA) software.

11. The contractor shall submit at the time of each IPC & at the time of final bill, original invoice/Gate
pass of approved bitumen, Emulsion, Cement, Steel, aggregates, Sand, Soil, WMM, GSB material etc. used in
project highway. All test results, material consumption statements along with details of Royalty payment for
each of construction material w.r.t. work done of that particular IPC.
12. The contractor shall have to maintain day to day raw & manufactured material consumption
register & Plant site and Paver Site work register of bitumen mix quantity (MT) as per IRC: SP:112 & R & BD -
GOG good industrial practice

13. Under Routine maintenance contractor has to carry- out all necessary works to keep the road in
appropriate service level condition as defined in t document. This is a fixed lump- sum payment be made to
the contract per month in lieu of the work executed by contractor under RM.

Further, for works being executed on <2L, 2L/2L with PS stretches, deployment requirement of Ambulance,
Route Patrol Vehicle & Cranes be assessed and got included in the proposal with the approval of Competent
Authority. Such requirement be specifically mentioned in the proposal separately. The Competent Authority
for such purpose shall be DG (RD) & SS, Chairman NHAI, MD NHIDCL for MoRTH, NHAI, and NHI DCL
respectively. Rate for such deployment and its integration with 1033 including its operations shall be in
accordance with Ministry's letter [Link]/G- 23012/01/12019-W&A([Link]) dates 09/02/2021 and
22.03.2021

14. As per agreement initial rectification and periodic rectification taken quantity is for ref. actual qty
may increase as per site condition and for that no change of scope is allowed in agreement.
Annexure-1 Drawings:
NH 168 (THARAD-DHANERA-PANTHAWADA)

x
NH 168 (THARAD-DHANERA-PANTHAWADA)
NH 168A (ROB LC149A)