REGIONAL OFFICE – AGARTALA

National Highways & Infrastructure Development Corporation Ltd.

(A Government of India Undertaking)

NATIONAL COMPETITIVE BIDDING

(THROUGH E-TENDERING MODE)

Name of the Work: Maintenance and Repair of Balance Length 6.450 Km (from Ch. 78+200
to Ch. 84+650) of NH-44A vaghmun to Simlung section at Risk and Cost
of the EPC Contractor on item rate basis & work order basis in F.Y 2024-
25 (2nd Call).

[Contract Package No.: NHIDCL/RO-Agt/W/T/Manu-Simlung(Pkg-IV)(NH-44A)/312-Part(1) ]

BID DOCUMENT

VOLUME-I

August, 2024

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 CONTENTS

Volume – I

TITLE

SECTION I. NOTICE INVITING TENDER

SECTION II. INSTRUCTIONS TO BIDDERS & APPENDIX TO BID

SECTION III QUALIFICATION INFORMATION

SECTION IV FORM OF BANK GUARANTEE, AGREEMENT & LOA

SECTION V CONDITIONS OF CONTRACT & CONTRACT DATA

SECTION VI TECHNICAL SPECIFICATIONS

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 (SECTION-I)
NOTICE INVITING TENDER
(E-TENDERING MODE ONLY)

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 Regional Office – Agartala of
National Highways & Infrastructure Development Corporation Limited
Notice Inviting Emergent e-Tender
(National Competitive Bidding through e-Tendering mode only)

NHIDCL/RO-Agt/W/T/Manu-Simlung(Pkg-IV)(NH-44A)/312-Part(1)] Date: 25.08.2024

1. National Highways and Infrastructure Development Corporation Ltd. (hereinafter called “the
Employer”) invites sealed bids in single stage two cover system i.e., the Technical and
Financial Bids on percentage rate basis for the following works from the experienced
Road/Bridge Contractors/firms/organizations excluding those firms who have been declared
as non-performing by MoRT&H/NHAI/NHIDCL or the firms those are blacklisted/debarred
for specified period by MoRT&H/NHAI/NHIDCL:

Eligibility
Criteria
Estimated Eligibility Criteria
Average
Civil Cost Bids as Completed
Length Time of annual
Sr. Name of work/Contract Put to Security work of similar
(km) Completion turnover
No. Package Tender (Rs. In nature during last
(months) for last 5
(Rs. In Lakhs) 5 Years (Rs. In
Years
Lakhs) Lakhs)
(Rs. In
Lakhs)
Maintenance and
Repair of Balance
Length 6.450 Km
(from Ch. 78+200 to
At least one
Ch. 84+650) of NH- similar Completed
44A vaghmun to works not less
1 7.04
Simlung section at 6.45
351.81 6 351.81 than the amount
Risk and Cost of the equal to 40% of
the total value of
EPC Contractor on
contract (Rs.
item rate basis & 140.72 Lakhs)
work order basis in
F.Y 2024-25 (2nd
Call).

Cost of Bid Documents: Rs. 10,000/- + 18% GST (Non-Refundable). The bidder
must make online payment of tender document fee i.e.,
Rs. 11,800/- , through the RTGS/NEFT/Demand Draft (in
favour of Executive Director, Regional Office-Agartala,
Tripura) in Establishment Account of ED (P), RO
Agartala: -
Particulars Details
Name of Beneficiary National Highways & Infrastructure
Development Corporation Limited
Establishment Account
Beneficiary Bank 79901010002270
Account No.
Beneficiary Bank Branch IFSC – CNRB0017990

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 Beneficiary Bank Branch Agartala-II Branch
Name
Beneficiary Bank Canara Bank, Agartala-II Branch,
Address Durga Bari Road, 1st floor above
RMS office, Agartala, Tripura:
799001

2. Date of Publishing of NIT is 25.08.2024.

3. The complete BID document can be viewed/downloaded from web portal
www.eprocure.gov.in from 25.08.2024-04.09.2024 (up to 15.00 Hrs. IST).
4. Bidder must submit its financial and technical bid at https://eprocure.gov.in on or before
04.09.2024 (up to 15.00 Hrs. IST). Bids received online shall be opened on 05.09.2024 (at
1530 hours IST).
5. Bid documents can be seen at and downloaded from the website www.nhidcl.com and
https://eprocure.gov.in Bid documents contain qualifying criteria for bidder, specification, bill
of quantities, conditions and other details.
6. The site for the work is as mentioned in the RFP.
7. The original copy of proof of payment of Bid security, bid document fees, hard copy of Power
of Attorney and Integrity pact etc. in original may be submitted on or before Date 04.09.2024
till 15:00 hours at the address “Executive Director (P), NHIDCL, Regional Office-Agartala,
National Highways & Infrastructure Development Corporation Limited, Regional Office, 3rd
floor, UD Bhawan, Near Ravindra Bhawan, Sakuntala, Agartala, Tripura” or at the address
“General Manager (P), NHIDCL, PMU-Dharmanagar, 2nd floor to SBI (Bazaar Branch),
Thana Road, Dharmanagar, North Tripura District, Tripura-799250”.
8. To participate in bidding process, bidders have to get (DSC) “Digital Signature Certificate”
as per Information Technology Act-2000, to participate in online bidding. This certificate
will be required for digitally signing the bid. Bidder can get above mentioned digital
certificate from any approved vendors. The Bidder, who already possess valid (DSC)
“Digital Signature Certificate” need not to procure new Digital Signature Certificate.
9. The bidders have to submit their bids online in electronic format with Digital Signature. The
bid cannot be uploaded without Digital Signature.
10. Bids will be opened online as per time schedule mentioned at Sr. No. 18.
11. Before submission of online bids, bidder must ensure that scanned copy of all the necessary
documents have been attached with bid.
12. The department will not be responsible for delay in online submission of bids whatsoever
reasons may be.
13. All the required information for bid must be filled and submitted online.
14. Bidders should get ready with the scanned copies of cost of documents & Bid Security as
specified in the tender documents. The original instruments in respect of cost of documents,
Bid Security and relevant documents etc. may be submitted to the address mentioned in Sl.
no. 7 by Registered post/courier/by hand in original on or before i.e., 04.09.2024 till 1500
hours and it should be pledged in the name of Executive Director, Regional Office-Agartala,
Tripura.
15. The details of cost of documents, Bid Security specified in the tender documents should be
the same, as submitted online (Scanned copies) otherwise bid will not be accepted.
16. Bidders can contact the undersigned for any guidance for getting DSC or any other relevant
details in respect of e-tendering process.
17. The guidelines for submission of bid online can be downloaded from the website
www.nhidcl.com & https://eprocure.gov.in.
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18. Schedule of Bidding Process
The Company shall endeavor to adhere to the following schedule:

S. No Description Period
1 Date of issue of NIT 25.08.2024
2 Date of issue of Sale of Tender Documents 25.08.2024
3 Date of close of sale of Tender Documents (through online) 04.09.2024 (up to 1500 Hrs)
4 Last Date of receipt of pre-bid queries 28.08.2024
5 Date of Pre-Bid meeting 29.08.2024
6 Date of uploading of reply to the pre-bid queries 30.08.2024

7 Last Date of submission of Tender/Bid (online) 04.09.2024 (up to 1500 Hrs)

Physical submission of Bid Security/Bid document fees/PoA
8 04.09.2024 (up to 1500 Hrs)
etc
9 Opening of Technical BIDs at venue 05.09.2024 (1530 Hrs) online
Date of Uploading of list of Technically Qualified
10 To be intimated later
Applicants
11 Date of Opening of Financial Bids of Qualified Applicants To be intimated later
12 Date of issue of letter of award (LOA) To be intimated later
13 Validity of Bid 120 Days
14 Return of signed duplicate copy of LOA To be intimated later
Submission of Performance Security (PS) and Additional
15 Within 10 days of receipt of LOA.
Performance Security (APS), if any
16 Signing of Agreement To be intimated later

19. Conditional bids would be rejected.

20. NHIDCL reserves the right to accept/reject any or all the bids without assigning any reasons thereof.
Further, it is clearly mentioned that, the financial bid will be opened after obtaining the approval of
competent Authority, otherwise tender will be annulled.
21. All circulars and Guidelines of the department shall be deemed part of this NIT/Agreement.
22. The following information is given for consideration by the prospective bidders:

The works shall be carried out as per site condition. The work may be required to be fully executed or
partially executed as per site condition and direction of Engineer in charge and the project work will
be foreclosed on fixing of appointed date of the upgradation work. Therefore, no claim whatsoever
from any of the selected bidders on this account shall be entertained in this regard.

23. No Extension of Time shall be entertained in any circumstance.

24. Make in India- As per policy of Govt. of India to promote Make in India, the provisions vide order
no. P-45021/2/2017-B. E-II dated 15.06.2017 on the subject “Public procurement (preference to
Make in India)” shall be applicable to the extent possible.
25. The format of the performance BG will remain same as prescribed in the RFP. The e-Bank Guarantee
shall be submitted. However, it is not possible to furnish the same in the form of e-Bank Guarantee,
physical BG can be accepted as per MoRT&H circular no. NH-24028/14/2014-H(Vol-II) dated:
31.05.2023. For Further details, the bidders may visit the website of National E Governance Services
Limited at https://nesl.co.in/ebg/. Also, the bidders may refer to the Office Order of NHIDCL
displayed on the website https://nhidcl.com/wp content/uploads/2023/03/Notice-for-e-PBGTender-
Fee-and-EMD.pdf for ready reference. Entity ID of NHIDCL is AAECN7759E, which may be quoted
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 for getting e-BG. For any further details, the bidder/contractors may visit the website of National E
Governance Services limited at https://nesl.co.in/e-bg/ . The following banks are providing E-BGs.

State Bank of India Canara Bank Indian Overseas bank

HDFC Bank ICICI Bank Axis Bank
Yes Bank IDBI Bank Indusind bank
South Indian Bank Federal bank -

26. No JV shall be allowed. Only sole bidders shall be accepted.

Date: 25.08.2024

Dy. General Manager (P)

Regional Office-Agartala
National Highways & Infrastructure Development Corporation Limited.
(Ministry of Road Transports & Highways, Government of India)
Regional Office, 3rd floor, UD Bhawan, Near Ravindra Bhawan, Sakuntala, Agartala, Tripura
Email: [email protected]

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 (SECTION-II)
INSTRUCTIONS TO BIDDERS
& APPENDIX TO BID

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 Section II: Instructions to Bidders
Table of Clauses
Clause Clause
A. General D. Submission of Bids
1 Scope of Bid 19 Sealing and marking of Bids

2 Source of Funds 20 Deadline for submission of Bids

3 Eligible Bidders 21 Late Bids

4 Qualification of Bidders 22 Modification & withdrawal of Bids

5 One Bid per Bidder E. Bid Opening & Evaluation

6 Cost of Bidding 23 Bid Opening

7 Site Visit 24 Process to be Confidential

Clarification of Bids and Contacting
B. Bidding Document 25
the Employer
Examination of Bids and
8 Content of Bidding Document 26
Determination of Responsive
9 Clarification of Bidding Document 27 Correction of Errors
Evaluation and Comparison of
10 Amendment of Bidding Document 28
Financial Bids
C. Preparation of Bids 29 Price Preference

11 Language of Bid F. Award of Contract

12 Documents Comprising the Bid 30 Award Criteria

Employer’s Right to Accept any Bid
13 Bid Prices 31
and to reject any or all Bids
Notification of Award and signing of
14 Currencies of Bid and Payment 32
agreement
15 Bid Validity 33 Performance of Security
Earnest Money/ Bid Security /
16 34 Advances
Forfeiture/ Debarment
17 Alternative Proposals by Bidders 35 Corrupt or Fraudulent Practices

18 Format and Signing of Bid

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 Section II

Instructions to Bidders (ITB)

A. General
1. Scope of Bid

1.1 The Employer (i.e., Managing Director, National Highways & Infrastructure
Development Corporation ltd.) invites bids for “as described in these documents and
referred to as “the works”. The name and identification number of the works is provided
in the Notice Inviting Tender.
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/tender, bid/tender, bidding/tendering, etc.) are synonymous.
1.4 The project work will be foreclosed on fixing of appointed date of the upgradation work,
therefore, no claim whatsoever from any of the selected bidders on this account shall be
entertained in this regard.
2. Source of Funds
2.1 The expenditure on this project will be met by National Highways & Infrastructure
Development Corporation ltd (NHIDCL).
3 Eligible Bidders
3.1 This Invitation for Bids is open to all bidders meeting the qualification requirements
prescribed in this document.
3.2 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent
practices by the Central Government, the State Government or any public undertaking,
autonomous body, authority by whatever name called under the Central or the State
Government.
3.3 Deleted

4 Qualification of the Bidder

4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
preliminary description of the proposed work method and schedule, including
drawings and charts, as necessary. The proposed methodology should include
programme o f const r uct ion ba cked wi t h eq u i p m e n t p l an n i n g an d
depl o ym ent d ul y supported with broad calculations and quality assurance
procedures proposed to be adopted justifying their capability of execution and
completion of work as per technical specifications, within stipulated period of
completion.
4.2 All bidders shall furnish the following information and documents with their bids in
Section-III, Qualification Information.
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; & original copy of
Written Power of Attorney, proof of payment of tender fee and bid security may be
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 submitted in the envelop of physical form on or before bid due date as per NIT at
the address “Executive Director (P), NHIDCL, Regional Office-Agartala, National
Highways & Infrastructure Development Corporation Limited, Regional Office, 3rd
floor, UD Bhawan, Near Ravindra Bhawan, Sakuntala, Agartala, Tripura” or at the
address “General Manager (P), NHIDCL, PMU-Dharmanagar, 2nd floor to SBI
(Bazaar Branch), Thana Road, Dharmanagar, North Tripura District, Tripura-
799250”.(Pl. Refer clause 12.2 of ITB).
b) Scanned copy of total monetary value of civil engineering construction works
performed for each of the last five years; (2019-2020, 2020-21, 2021-22, 2022-23,
2023-24)
c) Scanned copy of experience certificate in works of a similar nature and size for
each of the last seven financial years certificates from the concerned officer of the
rank of Executive Engineer or equivalent;
d) Scanned copy of evidence of availability (either owned or leased or rented) of items
of construction equipment named in the Appendix to ITB. [Clause 4.4 B(b) (i)]
e) Scanned copy of details of the technical personnel proposed to be employed for the
Contract having the qualifications defined in Appendix to ITB. [Clause 4.4 B(b)
(ii)]

f) Scanned copy of audit 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 document in support of evidence access to line (s) of credit and availability
of other financial resource facilities (40 % of Contract value), certified by bankers
(not more than 3 months old).
h) Scanned undertaking that the bidder will be able to invest minimum cash up to 25
% of contract value of work, during implementation of work.
i) Deleted
j) 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;
k) Deleted
l) the proposed methodology and programme of construction, backed with equipment
planning and deployment, duly supported with broad calculations and quality
control procedures proposed to be adopted, justifying their capability of execution
and completion of the work as per technical specifications within the stipulated
period of completion as per milestones (for all contracts over Rs.5 Crore).
4.3 Bids from joint ventures, consortiums, combination or any sort of arrangement
between two or more than two entities are not allowed.
4.4 A. To qualify for award of the contract, each bidder in its name should have the
following; -
a) Achieved an average annual financial turnover (in all classes of civil engineering
construction works only) equal to the amount indicated in NIT during last five years
ending 31st March of the previous financial year (to be considered as 31.03.2023),
duly certified by Chartered Accountant.

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 b) satisfactorily completed (not less than 90% of contract value), as a prime contractor
(or as a officially nominated subcontractor, provided further that all other
qualification criteria are satisfied) similar works during last five years ending last
day of month previous to the one in which bids are invited, at least one contract of
Road/ or Bridge works /Airport runway of 40% of the estimated cost put to tender.
The works may have been executed by the Applicant as Prime Contractor or as a member
of JV or Sub Contractor. As Sub-Contractor, he should have acquired the experience of
execution of all major items of works under the proposed contract. In case a project has
been executed by a Joint Venture, weightage towards experience of the project would be
given to each joint venture in proportion to their participation in the Joint Venture.
Substantially Completed Works means those works which are at-least 90% completed as
on the date of submission and continuing satisfactorily. For these, a Certificate from the
employer shall be submitted along with the application incorporating clearly the name of
the work, Contract value, billing amount, date of commencement of works, satisfactory
performance of the Contractor and any other relevant information.

c) The bidder should have completed similar nature* of work in any government
organization in last five financial years]

*Similar Nature means, the bidder must have any of the following work: -

S. No Items
1 Road Works

(Following escalation factor shall be used to bring the value of such completed works at
the level of current financial year i.e., 2024-25)

Year Before Multiplying Factor

One 1.10
Two 1.21
Three 1.33
Four 1.46
Five 1.61

4.4 B.
a) Each bidder must upload the scanned copies of following documents along with the
submission of online bidding:
i. 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
ii. Such other certificates as defined in Section- III.
iii. Failure to submit the certificates/documents as specified above shall make the
bid non-responsive.
b) Each bidder must demonstrate:

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 i. Evidence of availability (either owned or leased or rented) of the key
equipment’s for this work as stated in the Appendix to ITB.
ii. Availability for this work of personnel with qualification & experience as stated
in the Appendix to ITB.
c) Deleted.
d) Deleted.

4.4 C. Deleted
4.5 Contractors' experience and resources shall not be taken into account in determining the
bidder's compliance with the qualifying criteria.
4.6 Bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity is more than the total bid value. The available bid capacity will be
calculated as under:
Assessed Available Bid capacity = (A*N*2 - B)
Where,
A = Maximum value of civil engineering works executed in any one year during the last
five years (escalation factor as specified in this section shall be used to bring the
maximum value of civil engineering works to the level of current financial year i.e.,
2024-25) taking into account the completed as well as works in progress.

N = Number of years prescribed for completion of the works for which bid is invited.

B = Value (escalation factor as specified in this section shall be used to bring the value to
the level of current financial year i.e., 2024-25) of existing commitments and on-going
works to be completed during the next 0.50 year (period of completion of the works for
which bid is invited)

4.7 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 MoRT&H/NHAI/NHIDCL/State PWD
work etc.
iii. Tampered the bid document in any manner.
5 One Bid per Bidder
5.1 Each Bidder shall submit only one Bid for a particular package. A Bidder who submits
more than one Bid for the same package will cause 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
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familiarize himself with the Site of Works and its surroundings including source of earth,
water, road aggregates etc. and obtain all information that may be necessary for preparing
the Bid and entering into a contract for construction of the Works. The costs of visiting
the Site shall be at the Bidder's own expense. He may contact the regional office,
Agartala of NHIDCL in this regard.

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 Section II
Instructions to Bidders (ITB)

B. Bidding Documents (On line)

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:
Volume- I:-
1. Notice Inviting Tender
2. Instructions to Bidders & Appendix to Bid
3. Qualification Information
4. Forms Bank Guarantee, Agreement & LOA
5. Conditions of Contract & Contract Data
6. Scope of work
7. Technical Specifications
8. Implementation Manual & Maintenance Intervention Levels
Volume-II:-
9. Bill of Quantities (Should be filled in the prescribed format given in the bid
document)
8.2 DELETED.
8.3 The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms, specifications, bill of quantities, etc. in the Bid Document.
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 through e-mail, at the e-mail ID specified in NIT and/or through a
letter addressed to the Tender Inviting Authority, indicated in NIT. The Employer will
respond to any request for clarification received earlier than 6 days prior to the deadline
for submission of bids. Copies of the Employer’s response will be hosted on website i.e.
www.nhidcl.com & https://eprocure.gov.in. or which are required in the opinion of the
Employer including a description of the enquiry, but without identifying its source.
9.2 Pre-bid meeting
9.2.1 The bidder or his official representative is invited to attend pre-bid meeting which
will take place at the address Executive Director (P) Regional Office-Agartala
National Highways & Infrastructure Development Corporation Limited. (Ministry
of Road Transports & Highways, Government of Tripura) Regional Office, 3rd
floor, UD Bhawan, Near Ravindra Bhawan, Sakuntala, Agartala, Tripura , venue,
time and date as indicated in appendix.
9.1.1 The purpose of the meeting will be to clarify issues and to answer question

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 on any matter that may be raised at that stage.
9.1.2 The bidder is requested to submit any questions in writing or by
cable/email so as to reach the Employer not later than one week before the
meeting.
9.1.3 Minutes of the meeting, including the text of the questions rose (without
identifying the source of the enquiry) and the responses given will be
transmitted 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.
9.1.4 Deleted

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 NHIDCL e-tendering portal i.e. https://eprocure.gov.in and www.nhidcl.com.
Bidders are advised to keep them self updated of all the addendums issued on e-
tendering portal by daily checking the e-tendering portal and, NHIDCL does not
assume any responsibility in case the bidder fails to do so and does not take any action,
if required, with respect 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.

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 Section II
Instructions to Bidders (ITB)
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.
Part-I - This shall be named Technical Bid and shall comprise of information submitted
in section-III.
Part-II - It shall be named Financial Bid and shall comprise of Priced bill of quantities.
Documents to be submitted in physical form may reach the office of “Executive
Director (P), NHIDCL, Regional Office-Agartala, National Highways & Infrastructure
Development Corporation Limited, Regional Office, 3rd floor, UD Bhawan, Near Ravindra
Bhawan, Sakuntala, Agartala, Tripura” or at the address “General Manager (P), NHIDCL,
PMU-Dharmanagar, 2nd floor to SBI (Bazaar Branch), Thana Road, Dharmanagar, North
Tripura District, Tripura-799250” on or before bid due date and it should be pledged in the
name of Executive Director, Regional Office-Agartala, Tripura.

12.2 Though, the scanned copies of following documents are required to be uploaded
during submission of e-bid on the e-tendering portal, as per clause 12.1 above, however,
following original documents in physical form may be submitted in a sealed envelope on or
before bid due date at the address mentioned above duly super scribed “Name of Work, Bid
due date and time”. Name and address of the bidder should also be indicated on the envelope.
a) Original copy of payment of proof of Bid Security
b) Original copy of proof of payment of Bid Document Fee
c) Deleted
d) Written Power of Attorney of the signatory (whose digital signature certificate is
used during e-tender submission) of the bidder to commit the bid
e) Affidavit (A-1) duly notarized (format enclosed).
12.3 The following documents, which are not submitted with the bid, will be deemed to
be part of the bid.

Section Particulars
1. Notice Inviting Tender
2. Instruction to the bidders
3. Conditions of Contract
4. Contract Data
5. Technical Specifications

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13 Bid Prices
13.1 The Contract shall be for the whole Works, as described in Clause 1.1 based on the
priced Bill of Quantities submitted by the Bidder.
13.2 The bidder shall quote bid prices on appropriate format enclosed as part of tender
document on e-tender portal i.e., https://eprocure.gov.in. The items for which no rate or
price is entered by the Bidder will be required to be executed free of cost and shall be
deemed covered under the other rates and prices in the Bill of Quantities quoted.
13.3 All duties, taxes including 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. The rates have been taken based on latest SOR i.e.,
inclusive 18% GST, However the GST will be paid as per Standard Norms &
Guidelines.
13.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the Contract
and shall not be subject to adjustment.
14 Currencies of Bid and Payment
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. 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 or by cable. 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.
16 Earnest Money / Bid Security/ Forfeiture/ Debarment
The Bidder shall furnish, as part of the Bid, Earnest Money/Bid Security, in the amount as
specified in the NIT. Demand Draft must be in favor of Executive Director, Regional Office-
Agartala, Tripura. The bidder can also make online payment of bid security through
RTGS/NEFT in the following Project Account of ED (P).

The Earnest Money/ Bid Security shall, at the Bidder’s option, be in the form of e-Bank
Guarantee/Demand Draft/Bankers Cheque/RTGS/ NEFT/FDR only (any other form will not be
acceptable) of any scheduled commercial bank approved by RBI having a net worth of not less
than Rs. 500 crore as per the latest annual report of the bank and must be in the name of the
Employer. In case of foreign bank (issued by a branch in India) the net worth in respect of the
Indian operations shall only be taken into account. It shall be valid for 45 days beyond the
validity of the bid. Any bid having bid security for lesser value and shorter validity period shall
be treated as non-responsive. Any Bid not accompanied by Bid Security shall also be treated as
NON-RESPONSIVE.

Page 18 of 98
S. Particulars Details
No.

1 Name of Beneficiary National Highways & Infrastructure Development

Corporation Limited Project Account

2 Beneficiary Bank Account No. 79901010002266

3 Beneficiary Bank Branch IFSC – CNRB0017990

4 Beneficiary Bank Branch Name Agartala-II Branch

5 Beneficiary Bank Address Canara Bank, Agartala-II Branch, Durga Bari Road,
1st floor above RMS office, Agartala, Tripura: 799001

The Bid submitted without Bid Security will be summarily rejected.

16.1 Deleted
16.2
A. Demand Draft receipts, in the name of the Employer, from following banks would be
16.3 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. 500 Crores 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 following conditions: -
i. The capital adequacy of the Bank shall not be less than the norms prescribed by RBI
(presently 9, with effect from 31st March, 2003,).
ii. The bank guarantee issued by a Cooperative Bank shall not be accepted.

16.3 Any bid not accompanied by an acceptable bid security shall be rejected by the
Employer as non -responsive.
16.4 Bid securities of the unsuccessful bidders should be returned to them at the earliest after
expiry of the final bid validity and latest on or before the 30th day after the award of the
contract.
16.5 The Bid Security of the successful Bidder will be discharged when the Bidder has signed
the Agreement and furnished the required Performance Security.
16.6 The Bid Security/ Earnest Money will be forfeited:
i. if the Bidder withdraws the Bid after its submission during the period of Bid validity;
ii. if the Bidder does not accept the correction of the bid price, pursuant to Clause 27; or
iii. in the case of a successful Bidder, if the Bidder fails within the specified time limit to
a) Sign the Agreement; and/or
b) Furnish the required Performance Security.
Page 19 of 98
 16.7 To be decided by Employer/Engineer in charge
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 the bid will be declared non-responsive.
18 Format and Signing of Bid
18.1 The Bidder shall submit e-bid comprising of the documents as described in Clause 12 of
the ITB.
18.2 DELETED.
18.3 DELETED.
18.4 The documents to be submitted in the physical form on or before bid due date as per
NIT. 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.

Page 20 of 98
 Section II
Instructions to Bidders (ITB)

D. Submission of Bids

19 Marking of Bids
19.1 The documents to be submitted in physical form as per clause 12.2 of ITB may be
submitted in a sealed Envelope super scribed as “Documents in Physical Form” at the
top left corner.
19.2 DELETED.
19.3 DELETED.
19.4 DELETED.
19.5 DELETED.
20 Deadline for Submission of Bids
Complete e-Bid to be uploaded on NHIDCL e-tender portal before due date & time. The
Envelope containing “Documents in Physical Form” may also be received by the Employer
at the address mentioned in Sl. no 7 of NIT on or before bid due date. In the event of the
specified date for the submission of documents in Physical form being declared a holiday for
the Employer, the same will be received up to the specified time on the next working day.

20.1 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.
21 Late Submission of Document in Physical Form:
21.1 Documents which are to be physically submitted shall be submitted on or before bid due
date at specified time.
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 DELETED.
22.3 No bid may be modified after the deadline for online submission of bids.
22.4 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 above or as
extended pursuant to Clause 15.2 shall result in the forfeiture of the Bid security
pursuant to Clause 16.
22.5 Bidders may modify the prices of their bids before deadline of online submission of bid.

Page 21 of 98
 Section II
Instructions to Bidders (ITB)
E. Bid Opening and Evaluation

23 Bid Opening
Bid opening shall be carried out in two stages. Firstly, 'Technical Bid' of all the bids received
(except those received late) shall be opened on the date and time mentioned in Notice
Inviting Tender (NIT). '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.
23.1 The Employer will open the "Technical Bid" of all the bids received (except those
received late), in the presence of the bidders/bidders’ representatives who choose to
attend at the time, date and place specified in the NIT. In the event of the specified date
for the submission of bids being declared a holiday for the Employer, the Bids will be
opened at the appointed time and location on the next working day.
23.1.1 DELETED
23.1.2 DELETED
23.2 In all cases, the amount of Bid Security, 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 Clause 23.1.
23.4
(i) Subject to confirmation of the bid security by the issuing Bank, the bids
accompanied with valid bid security, bid document fee, Tender Processing fee
will be taken up for evaluation with respect to the information furnished in Part I
of the Qualification Information and other bid.
(ii) As soon as possible, the Evaluation Committee 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, 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 meeting 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. Any Bid price, which is not read out and recorded, will not be taken into
account in Bid Evaluation.
23.7 The Employer shall prepare the minutes of the opening of the Financial Bids.

Page 22 of 98
24 Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation, and comparison of
bids and recommendations for the award of a contract shall not be disclosed to bidders
or any other person not officially concerned with such process until the award to the
successful Bidder has been announced. 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 Clarification of Bids and Contacting the Employer
25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, at
his discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit
rates. The request for clarification and the response shall be in writing or by cable, but
no change in the price or substance of the Bid shall be sought, offered, or permitted.
25.2. Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating
to his bid from the time of the bid opening to the time the contract is awarded.
25.3. 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 of ITB;
b) the required documents in physical form submitted by the bidder as well as the
documents uploaded by the bidder are in order; and
c) is substantially responsive to the requirements of the Bidding Documents. During
the detailed evaluation of the “Financial Bids”, the responsiveness of the bids will
be further determined with respect to the remaining bid conditions, i.e., priced bill
of quantities, technical specifications etc.
26.2 DELETED.
26.3 DELETED.
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 DELETED

28.3 If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer’s/Employer's estimate of the cost of work to be performed under the contract,
the Employer may require the Bidder to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of those prices
with the construction methods and schedule proposed. After evaluation of the price
analyses, the Employer may require that the amount of the performance security set forth
in Clause 33 be increased and an additional performance security set forth in Clause 33
Page 23 of 98
 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.
28.4 A bid, which contains several items in the Bill of Quantities which are unrealistically
priced low and which cannot be substantiated satisfactorily by the bidder, may be rejected
as non-responsive.
29 Price Preference
29.1 There will be no price preference to any bidder.

Page 24 of 98
 Section II
Instructions to Bidders (ITB)

F. Award of Contract

30 Award Criteria
30.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has
been determined to be substantially responsive to the bidding documents and who has
offered the lowest evaluated Bid Price.
31 Employer’s Right to Accept any Bid and to Reject any or all Bids
31.1 Notwithstanding Clause 30, 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.
32 Notification of Award and Signing of Agreement.
32.1 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 cable, telex 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 and maintenance of the Works,
by the Contractor as prescribed by the Contract (hereinafter and in the Contract called
the “Contract Price”).
32.2 The notification of award (LOA) will constitute the formation of the Contract, subject
only to the furnishing of a performance security in accordance with the provisions of
Clause 33.
32.3 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.
32.4 Upon furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.
33 Performance Security
33.1 Within 10 (ten) days after receipt of the Letter of Acceptance, the successful Bidder
shall deliver to the Employer a Performance Security of 3 (three) percent of the
Contract Price, valid for the period of 28 days after the expiry of defect liability period
plus additional security for unbalanced Bids in accordance with Clause 28.3 of ITB and
sign the contract. For unbalanced bids, an additional performance security shall be
provided to the employer for an amount calculated as under: (a) If the Bid Price offered
by the Selected Bidder is lower than 20% of the estimated Project Cost, then the
Additional Performance Security shall be calculated @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. (b) Maximum limit of additional
performance security shall be limited to 3% of the Bid price offered by the setected
bidder. (c) This Additional Performance Security shall be treated as part of the
Performance Security.

Page 25 of 98
 33.2 The validity shall account for additional 3 months time to account for BG verification,
signing of contract and start date.
33.3 The performance security shall be in the form of a Bank Guarantee in the name of the
Employer, from a Bank as applicable in case of bid security defined in Appendix to ITB.
33.4 Failure of the successful bidder to comply with the requirement of sub-clause 33.1 shall
constitute sufficient ground for cancellation of the award and forfeiture of the bid
security and debarment for a period as specified in clause 16.7.
34 Advances - Deleted
35 Corrupt or Fraudulent Practices
The Employer will reject a proposal for award if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the contract in
question and will declare the firm ineligible, either indefinitely or for a stated period of time,
to be awarded a contract with NHIDCL and any other agencies, if it at any time determines
that the firm has engaged in corrupt or fraudulent practices in competing for the contractor,
or in execution.
The Employer requires the bidders/Contractors to strictly observe the laws against fraud and
corruption enforced in India, namely, Prevention of Corruption Act, 1988.

Appendix to ITB
Instructions to Bidders
Clause Reference
(1.1) The Employer is RO-Agartala, 3rd floor, UD bhawan, Near
Ravindra Bhawan, Sakuntala, Agartala, Tripura
(1.1) Maintenance and Repair of Balance Length 6.450 Km (from
Ch. 78+200 to Ch. 84+650) of NH-44A vaghmun to Simlung
section at Risk and Cost of the EPC Contractor on item rate
basis & work order basis in F.Y 2024-25(2nd Call).
Package No.: NHIDCL/RO-Agt/W/T/Manu-Simlung (Pkg-
IV)(NH-44A)/312-Part(1)]
(4.4) Name of the Equipment Quantity
B) (b) (i) Tipper/Trucks 1
Hydraulic Excavator 1
Motor Grader 1
Excavator 1.0 cum bucket capacity 1
Vibratory Roller 1
Dozer 180 HP @ 60 cum per hr 1
Hot Mix plant (40-60 TPH) -
Paver finisher 1
Front end Loader 1
Smooth Wheeled Roller 1
Vibratory Roller 1
Bitumen pressure distributer @ 1750 -
sqm per hr
Air Compressor 1
Water Tanker 1
Generator set (63/100/250 KVA) 1
Any other equipment required for carrying out work as per
Ministry’s specification.
Note: The bidder must upload scanned copy of the documentary
evidence in support of his owning/leased/ rented of the above
Page 26 of 98
 equipments. 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 these equipment’s with the
company/ entity from whom the equipment’s are proposed to be
hired on lease/ rent.
(4.4) The Number of Technical personnel, Qualifications and
(B) (b) (ii) Experience will be as follows:
The Technical Personnel are:
SL. No. Personnel Qualification Particular No. of Persons
Experience
(minimum
requirement)
5 years on highway
B.E (Civil) or equivalent
1 Project Manager constructions / 1
+ 10 Years Exp.
maintenance work.
B.E (Civil) + 3Years 2 years on highway
2 Site Engineer Exp. Or Diploma + 5 constructions / 1
Years Exp. maintenance work.
B.E. Civil+3Years Exp. 2 years on highway
3 Quantity Surveyor Or constructions / 1
Dip.Civil. +5Years Exp. maintenance work.
Total 3
Note: The detailed signed and scanned CVs of the Key Technical
Personnel at S. No. 1 signed by the key personnel himself, must be
uploaded along with the bid. The name and educational qualification
of other personnel should be given. Non-compliance of the above or
non-furnishing of the CV as above or conditional deployment of any
of the above personnel or proposal to employ lesser number of
personnel than above shall make the bid non-responsive and
financial bid shall not be opened.

Page 27 of 98
 SECTION III
QUALIFCATION INFORMATION
(To be Filled by Bidder)

Page 28 of 98
 SECTION III
QUALIFCATION INFORMATION

The information to be filled in by the Bidder in this section & document submitted in physical
form 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.
1. For Individual Bidders
1.1
a) Year of Constitution

b) legal status of Bidder (Proprietorship/Partnership or Pvt. Ltd. firm)

[Upload scanned copy of original]

c) Place of registration:
__________________________

d) Principal place of business:

__________________________
1.2 Power of attorney of signatory of Bid [Upload scanned copy & also supply Original
copy in envelop of physical form]

1.3 Total value of Civil Engineering construction work performed in the last Five years (in
Rs. _______ Lakhs) refer ITB Clause 4.4 A (a)
(Upload scanned copies of certificate from Chartered Accountant)

2023-2024 -----------
2022-2023 -----------
2021-2022 -------------
2020-2021-------------
2019-2020-------------

Total ----------------

Average per year---------------

1.4 (a) Work performed as prime contractor; work performed in the past as a nominated
sub- contractor provided further that all other qualification criteria are satisfied (in the
same name) of a similar nature during the last five years as per ITB Clause 4.4A(b).

Page 29 of 98
 Remarks
Value of Date of Actual
Descrip Stipulated explaining
Project Name of the Contract Contract issue of date of
tion of period reasons
Name Employer * No. (Rs. work completio
work completion for delay
Crore) order n
& work
1 2 3 4 5 6 7 8 9

* Upload certificate(s) from the Employer (to be given by an officer at the rank of Executive
Engineer or equivalent & also supply original or certified copy)

Note: In case of nominated sub-contractor – a certificate from the Executive Engineer or

equivalent of the Prime Employer should be obtained from whom an approval for subcontractor
has been obtained.

1.4 (b) Information on Bid Capacity (works for which bids have been submitted and accepted
and works which are yet to be completed) as on the date 7 days before the last date for bid
submission (as per Cl 4.6 of the ITB).

Page 30 of 98
 (on letter head of bidder)

(i) Existing commitments and on-going works (B)

Escalated
value of
Value of remaining
Name & Anticipated
Description Value of Stipulated works work during
Place & Contract Address Escalation date of
of Contract Period of remaining to completion
State No. of factor completion
works (Rs Cr) Completion be completed on period of
Employer factor
(Rs. Cr) work of
which bids
are invited
1 2 3 4 5 6 7 8 9 10

* Upload certificate (s) from the Engineer(s)-in-Charge of the rank of Executive Engineer or
equivalent & also supply original or certified copy of certificate.

(ii) Details of works for which bid submitted and accepted (i.e., where contract signing is
pending)

Value of
Work During
Date of issue
Place Name & Value Stipulated Completion
Description of of Letter of
& Address Of Given in period for period of
works Acceptance
State Employer LOA completion work for
(LOA) *
which bids
are invited
1 2 3 4 5 6 7

* Upload copy of LOA

(iii) Bid Capacity (Bidder shall calculate, mention his bid capacity and enclose the supporting
calculation)
A = Rs. …………lakh (enclose the details)
N = ………………years
B = Rs. …………lakh (enclose the details)

Assessed available bid capacity = AxNx2 – B

= Rs. ………. Lakhs

Page 31 of 98
 1.5 Availability of Key Equipment essential for carrying out the Works [Ref. Clause 4.4(B)
(b) (i)]. The Bidder should list all the information requested below.

Availability Proposals Page no. of

Item of Equipment Requirement the proof
Owned/Leased/
Nos./Capacity Age/Condition attached
rented
Tipper/Trucks
Hydraulic Excavator
Motor Grader
Excavator 1.0 cum
bucket capacity
Dozer 180 HP @ 60
cum per hr
Vibratory roller
Batch Type Hot Mix
(batch mix) plant
with Electronic
Control (Minimum
75 TPH Capacity)
Paver Finisher
Front end Loader
Smooth Wheeled
Roller
Bitumen pressure
distributer @ 1750
sqm per hr
Water Tanker
Air Compressor
Generator set
(63/100/250 KVA)

Note: The bidder must upload the documentary evidence in support of his owning/leased/
rented of the above equipment’s. 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 these equipment’s with the company/ entity from whom the equipment’s
are proposed to be hired on lease/ rent. The bidder shall submit an undertaking as per
Performa Appendix 1.7 (ITB, Section -2) of the bid document.

1.6 Qualification and Experience of Key Personnel required for administration and
execution of the Contract [Ref. Clause 4.4 (B) (b) (ii)]. Upload biographical data for
technical personnel (Refer also to Cl. 4.2 (e) of Instruction to Bidders).

(Refer also to Sub Clause 9.1 of the Conditions of Contract).

Page 32 of 98
 Total Experience in
Sl. Professional the proposed
Position Name Qualification
No. Experience position
(Years) (Years)
1. Project
Manager
2. Site Engineer
3 Quantity
Surveyor

Note: The detailed and signed CVs of the Key Technical Personnel at S. No. 1 signed by the
key personnel himself must be uploaded along with the bid. The name and educational
qualification of other personnel should be given.

1.7 Information on litigation history in which the Bidder is involved.

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing
Present Status

2. Bidders should upload the scanned copy of the following affidavits/ undertakings as per
formats enclosed hereinafter & also send original copy of Affidavit/Undertakings:
(i) Affidavit (it should be on stamp paper attested by Notary Public)
(ii) Undertaking regarding minimum investment of cash towards working capital.
(iii) Undertaking that the Bids shall remain valid for the period specified in Clause 15.1.

Page 33 of 98
 SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES
(Clause 4.1(i) of ITB)

BANK CERTIFICATE

This is to certify that M/s…………………………….. is a reputed company `with a good

financial standing.

If the contact for the work, namely …………………………..is awarded to the above firm, we
shall be able to provide overdraft/credit facilities to the extent of Rs………………. to meet their
working capital requirements for executing the above contract during the contract period.

-------------------------

(Signature)
Name of Bank Senior Bank Manager
Address of the Bank

Page 34 of 98
 AFFIDAVIT (A-1)

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___________________________________________ has abandoned any work on
MoRTH/NHAI/PWD/NHIDCL 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 authorize(s) and request(s) any bank, person, firm or corporation to
furnish pertinent information deemed necessary and requested by
MoRTH/NHAI/PWD/NHIDCL to verify this statement or regarding my (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
MoRTH/NHAI/PWD/NHIDCL and within the prescribed time.

______________________________

(Signed by an Authorized Representative of the Firm)

______________________________

Name of the Representative

______________________________

Name of Firm

______________________________

DATE

Page 35 of 98
 (To be notarized by Notary)

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

_______________________________________________ would invest minimum cash up to
25% of the value of the work during implementation of the Contract towards the working capital.

_____________________________________
(Signed by an Authorized Representative of the Firm)

_____________________
Name of the Representative

__________________________
Name of Firm

______________________
DATE

Page 36 of 98
 (To be notarized by Notary)

UNDERTAKING

1 I, the undersigned do hereby undertake that our firm M/s _____________________________

agree to abide by this bid for a period of ____________ days after the date fixed for
receiving the same and it shall be binding on us and may be accepted at any time before the
expiration of that period.

______________________________

(Signed by an Authorized Representative of the Firm)

______________________________

Name of the Representative

______________________________

Name of Firm

______________________________

DATE

Page 37 of 98
 (On the letter head of the bidder)

Appendix 1.7 [Ref. clause 4.4 B (b) (i)]

Undertaking

I, the undersigned do hereby undertake that our

firm M/s…………………………………………………………… agree to provide and
will deploy required equipment as mentioned in the Appendix to ITB of the work
…………………………………………………………………………………………………
further it is certified that the documents submitted as an evidence of availability of the key
equipments for this work as stated in the Appendix to ITB, are genuine and correct. If anything,
contrary to the details as submitted is found at any stage NHIDCL would be at liberty to
debar/blacklist my firm for an appropriate period as decided by NHIDCL.

________________________________________
(Signed by an Authorized Representative of the Firm)

_______________________
Name of the Representative

______________________
Name of Firm
(Seal of the company)
______________________
Date

Page 38 of 98
 (SECTION-IV)

FORMS OF BANK GURANTEES,

LOA & AGREEMENT

Page 39 of 98
 FORM OF E-BANK GUARANTEE FOR PERFORMANCE SECURITY
Contract Package No: NHIDCL/RO-Agt/W/T/Manu-Simlung(Pkg-IV)(NH-44A)/312-Part(1)]
To

Executive Director (P)

Regional Office-Agartala
National Highways & Infrastructure Development Corporation Limited.
(Ministry of Road Transports & Highways, Government of Tripura)
Regional Office, 3rd floor, UD Bhawan, Near Ravindra Bhawan, Sakuntala, Agartala, Tripura
Email: [email protected]

WHEREAS……………………………… (name and address of contractor) hereinafter called

“the contractor” has undertaken, in pursuance of Letter of Acceptance No. …………….
Dated……………….. to execute……………………….. (name of Contract and brief description
of Works) (hereinafter called “the contract”).

AND WHEREAS it has been stipulated by you in the said contract that the Contractor shall
furnish you with a Bank Guarantee for the sum specified therein as security for compliance with
his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on behalf of
the Contractor, up to a total of Rs……………… (amount of guarantee)
(Rupees……………………………………. (in words), and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits
of………………. (Amount of guarantee) as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract
or of the works to be performed there under or of any of the contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid upto the date of expiry of the project completion period.

This guarantee shall also be operatable at our …………. ….. branch at Agartala, 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 there
under claimed, the said branch shall accept such invocation letter and make payment of amounts
so demanded under the said invocation.

Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs. ________________ (Rs. _________in words) and the guarantee shall remain valid
till___________________. Unless a claim or a demand in writing is served upon us on or
before____________ all our liability under this guarantee shall cease.
Bank Guarantee has been sent to authority’s bank through SFMS gateway as per the details below: -
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 S.No. Particulars Details

1 Name of Beneficiary National Highways & Infrastructure

Development Corporation Limited
Project Account

2 Beneficiary Bank Account No. 79901010002266

3 Beneficiary Bank Branch IFSC – CNRB0017990

4 Beneficiary Bank Branch Name Agartala-II Branch

5 Beneficiary Bank Address Canara Bank, Agartala-II Branch,

Durga Bari Road, 1st floor above RMS
office, Agartala, Tripura: 799001

Signature and seal of the Guarantor with Name, Designation, Employee Code Number &
Telephone Number………………………………………………………

Name of the Issuing Bank/ Branch ………………………Name of the Controlling

Branch/Bank….

Address & Telephone Number……………………………Address & Telephone

Number………….

Date………………………….

In the presence of (if this is to be witnessed as per bank’s policy)

…………………………………

1…………………………………………………………………………………………
(Name, Address & Occupation)

2…………………………………………………………………………………………
(Name, Address & Occupation)

An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price
specified in the Contract including additional security for unbalance bids, if any and
denominated in Indian Rupees.

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 FORM OF LETTER OF APPLICATION
To,

Executive Director (P)

Regional Office-Agartala
National Highways & Infrastructure Development Corporation Limited.
(Ministry of Road Transports & Highways, Government of Tripura)
Regional Office, 3rd floor, UD bhawan, Near Ravindra bhawan, Sakuntala, Agartala, Tripura
Email: [email protected]

DESCRIPTION OF WORKS: Maintenance and Repair of Balance Length 6.450 Km (from Ch.
78+200 to Ch. 84+650) of NH-44A vaghmun to Simlung section
at Risk and Cost of the EPC Contractor on item rate basis &
work order basis in F.Y 2024-25 (2nd Call).

[Contract Package No.: NHIDCL/RO-Agt/W/T/Manu-Simlung(Pkg-IV)(NH-44A)/312-Part(1)] ]

Dear Sir,

Having examined the Bid Document, Instruction to Bidders, Qualification Information,

Scope of works, etc. for the subject work, 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 NHIDCL reserves the
right to reject any or all application without assigning any reason.

Thanking you,

Yours faithfully,

(Authorized Signatory) for and on behalf of

M/s_________________________________

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 FORM OF LETTER OF ACCEPTANCE

No. …………………………. Dated ………..

To

M/s………………………….

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

Sir,

Based on your bid submitted on ………….. in compliance of bidding document of NHIDCL for
execution of the work of ………………………………………………. , it is hereby notified that your bid
for a contract price of Rs…………… (Rupees in words………) has been accepted for and on behalf of
NHIDCL

You are hereby requested to furnish Performance Security plus additional security in the form
detailed in para. 33.2 of ITB for an amount equivalent to Rs…………… (Rupees in words………)
within 10 days as per provisions of clause 33.1 of ITB of the bid document and sign the contract
agreement failing which the actions as stipulated in clause-.33.3 of ITB shall be taken.

Thanking you,
Yours faithfully,

(………………..)

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 FORM OF AGREEMENT
AGREEMENT
This agreement made the ______________day of _________________________
2024_____________________ between the National Highways & Infrastructure Development
Corporation Ltd. (hereinafter called “the Employer” of the one part and _________________ (here in
after called “the Contractor”) of the other part.
AND WHEREAS the Employer invited bids from eligible bidders of the execution of certain
works, viz “Maintenance and Repair of Balance Length 6.450 Km (from Ch. 78+200 to Ch.
84+650) of NH-44A vaghmun to Simlung section at Risk and Cost of the EPC Contractor
on item rate basis & work order basis in F.Y 2024-25(2nd Call).
Package No.: NHIDCL/RO-Agt/W/T/Manu-Simlung(Pkg-IV)(NH-44A)/312-Part(1)] AND
WHEREAS pursuant to the bid submitted by the Contractor, vide letter dated -------------- (here
in after referred to as the “BID” or “ÖFFER”) for the execution of works, the Employer by his
letter of acceptance dated ------------------ accepted the offer submitted by the Contractor for the
execution and completion of such works and the remedying of any defects thereon, on terms and
conditions in accordance with the documents listed in para 2 below.
AND WHEREAS the Contractor by a deed of undertaking dated --------------- has agreed
to abide by all the terms of the bid, including but not limited to the amount quoted for the
execution of Contract, as stated in the bid, and also to comply with such terms and conditions as
may be required from time to time.
AND WHEREAS pursuant to the bid submitted by the Contractor vide letter dated
----------------- (hereinafter referred to as the “the Offer”), the employer has by his letter of
acceptance no.------------------------------------------------------ accepted the offer submitted by the
Contractor for the execution and completion of such works and the remedying of any defects
therein, on terms and conditions in accordance in the conditions of particular application and
condition included hereinafter;
AND WHEREAS the contractor has agreed to undertake such works and has furnished a
performance security pursuant to clause 33 of the instructions to bidders (Section-I).
NOW THIS AGREEMENT WITNESSETH as follows:
1 In this agreement works and expressions shall have the same meanings 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 constructed as part of this
agreement viz.
a) The Contract Agreement,
b) Letter of Acceptance,
c) Notice to proceed with the works,
d) Contractor's Bid,
e) Contract Data,
f) Conditions of Contract including Special Conditions of Contract
g) Technical Specifications,
h) Drawings, if any
i) Scope of work
j) Bill of Quantities
k) Any other document listed in the Contract Data.

3 The foregoing documents shall be constructed as complementary and mutually explanatory

one with another. Should any ambiguities or discrepancy be noted then the order of
precedence of these documents shall subject to the condition of particular applications be as
listed above.
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4 In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
works and remedy any defects therein in conformity in all respect 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 the 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 first before written, signed, sealed and delivered by the said Employer through
his Authorized Representative and the said Contractor through his Power of Attorney holder
in the presence of:

Binding Signature of Employer ___________________________________

For and on behalf of

National Highways & Infrastructure Development Corporation Ltd.
3rd Floor, PTI Building,
4-Parliament Street,
New Delhi-110001

Binding Signature of Contractor __________________________________

For and on behalf of _______________________________________________

In the presence of In the Presence of

1. Name: 1. Name:
Signature: Signature:
Address: Address:

2. Name: 2. Name:
Signature: Signature:
Address: Address:

Page 45 of 98
 (SECTION-V)

CONDITIONS OF CONTRACT AND

CONTRACT DATA

Page 46 of 98
Table of Clauses

Sl.No. Sl.No.
A. General D. Cost Control
1 Definitions 35 Bill of Quantities
2 Interpretation 36 Variations
3 Language and Law 37 Payments for Variations
4 Engineer’s Decisions 38 Cash Flow Forecasts
5 Delegation 39 Payment Certificates
6 Communications 40 Payments
7 Subcontracting 41 Compensation events
8 Other Contractors 42 Tax and currencies for payment
9 Personnel 43 Price adjustment
10 Employer’s and Contractor’s Risks 44 Security Deposit/ Retention Money
11 Employer’s Risks 45 Liquidated damages
12 Contactor’s Risks 46 Advance Payment
13 Insurance 47 Securities
14 Site Investigation Reports 48 Cost of Repairs
15 Queries about the Contract Data E. Finishing the Contract
16 Contractor to Construct the works and do 49 Completion
maintenance
17 The works to be Completed by the 50 Taking Over
Intended Completion Date
18 Approval by the Engineer 51 Final Account
19 Safety 52 Operating and maintenance manual
20 Discoveries 53 Termination
21 Possession of the Site 54 Payment upon Termination
22 Access to the Site 55 Property
23 Instructions 56 Release from performance
24 Deleted F. Special Conditions of Contract
25 Arbitration 57 Labour
26 Deleted 58 Compliance with Labour Regulation
B. Time Control 59 Drawings and Photographs of the works
27 Programme 60 The Apprenticeship Act, 1961
28 Extension of Completion Date
29 Delays Ordered by the Engineer
30 Management Meetings
C. Quality Control
31 Indentifying Defects
32 Tests
33 Correction of Defects
34 Uncorrected Defects

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 Section V

CONDITIONS OF CONTRACT
Part I General Conditions of Contract (GCC) and Contract Data

A. General

1. Definitions

1.1 Terms which are defined in the Contract Data are not defined in the Conditions of Contract
but keep their defined meanings. Capital initials are used to identify defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

Compensation Events are those defined in Clause 41 hereunder.

The Completion Date is the date of completion of the Works as certified by the Engineer, in
accordance with Clause 49.1.

The Contract is the Contract between the Employer and the Contractor to execute, complete,
and maintain the Works. It consists of the documents listed in Clause 2.3.

The Contract Data defines the documents and other information, which comprise the Contract.

The Contractor is a person or corporate body whose Bid to carry out the Works has been
accepted by the Employer.

The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer and includes technical and financial bids.

The 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.

A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by Engineer, after the Defect Liability
Period has ended and upon correction of Defects by the Contractor.

The Defects Liability Period is 06 months calculated from the Completion Date.

Drawings include calculations and other information provided or approved by the Engineer for
the execution of the Contract.

The Employer 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 of its functions to a person or body
nominated by him for specified functions.

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The 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.

Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the Engineer by issuing an extension of time
after the approval from Employer.

Materials are all supplies, including consumables, used by the Contractor for incorporation in
the Works.

Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those that were included in the bidding documents and are
factual interpretative reports about the surface and subsurface conditions at the Site.

Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor shall commence
execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.

A Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the work in the Contract, which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the Contractor
that are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer after the approval from NHIDCL, which
varies the Works.

The Works are what the Contract requires the Contractor to construct, install, maintain, and
handover to the Employer, as defined in the Contract Data.

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.
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2.2 If sectional 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
Section of the Works (other than references to the Completion Date and Intended Completion
Date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of
priority.
(a) Agreement,
(b) Letter of Acceptance
(c) Contractor's Bid,
(d) Contract Data,
(e) Conditions of Contract
(f) Technical Specifications,
(g) Drawings, if any
(h) Implementation Manual
(i) Scope of Work
(j) Bill of Quantities, and
(k) Any other document listed in the Contract Data.

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in the Contract
Data.

4. Engineer's Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer.

5. Delegation

5.1 The Engineer, duly informing the Employer, may delegate any of his duties and
responsibilities to other people except to the Adjudicator, after notifying the Contractor, and may
cancel any delegation after notifying 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.

7. Subcontracting

7.1 The Contractor may subcontract any portion of work, up to a limit specified in Contract
Data, with the prior approval of the Employer in writing. Subcontracting shall not alter the
Contractor's obligations.

7.2 The Contractor shall not be required to obtain any consent from the Employer for:

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 a. the sub-contracting of any part of the Works for which the Sub-Contractor is named in
the Contract;
b. the provision of 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 the 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 Works more than the limit specified in Contract
Data.
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 responsible for the acts, defaults and
neglects of any of his sub-Contractor, his agents or workmen as fully as if they were the
acts, defaults or neglects of the Contractor, his agents and workmen.

7.3 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.

9. Personnel

9.1 The Contractor shall employ the technical personnel named in the Contract Data or other
technical persons approved by the Engineer. The Engineer will approve any proposed
replacement of technical personnel only if their relevant qualifications and experience 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, it will be treated
as a breach of contract and action will be taken as per clause 53.

9.2 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 in the Contract.

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.
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11. Employer's Risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the Works in the Employer’s country, 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, or (b) a cause due solely to the design of the Works, other
than the Contractor’s design.

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 responsibility 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 end of defect liability period for events (a)
to (d), in the 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, Plant and Materials;

b) Loss of or damage to Equipment;
c) Loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
d) Personal injury or death.

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 effect the insurance which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be debt due.

13.4 Alterations to the terms of insurance shall not be made without the approval of the
Engineer.

13.4 Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Reports

14.1 The Contractor, in preparing the Bid, may rely on any Site Investigation Reports referred to
in the Contract Data, supplemented by any other information available to him, before submitting
the bid.

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15. Queries about the Contract Data

15.1 Executing Director will clarify queries on the Contract Data.

16. Contractor to Construct the Works & do maintenance

16.1 The Contractor shall construct, install and maintain the Works in accordance with the
documents forming part of the contract.

17. The Works to Be Completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out
the Works in accordance with the Programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.

18. Approval by the Engineer

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

18.2 The Contractor shall be responsible for design of Temporary Works.

18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the
Temporary Works.

18.4 The Contractor shall obtain approval of third parties to the design of the Temporary
Works, where required.

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

19. Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered on

the Site shall be 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 complete possession of the Site to the Contractor on the date of
signing of agreement.

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:
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 a. The Engineer
b. The Employer

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

23.2 The Contractor shall permit the Employer to inspect the Contractor's accounts and records
relating to the performance of the Contractor and to have them audited by Auditors appointed by
the Employer if so required by the Employer.

24. Deleted

25. ARBITRATION

The procedure for arbitration will be as follows:

(a) In case of Dispute or difference arising between the Employer and a domestic contractor
relating to any matter arising out of or connected with this agreement, such disputes or
difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996.
The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Employer
and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed
by the Parties and shall act as presiding arbitrator. In case of failure of the two arbitrators
appointed by the parties to reach upon a consensus within a period of 30 days from the
appointment of the arbitrator appointed subsequently, the Presiding Arbitrator shall be
appointed by the Secretary General of Indian Road Congress.

(b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b)
above within 30 days after receipt of the notice of the appointment of its arbitrator by the
other party, then the Secretary General of Indian Road Congress shall appoint the arbitrator.
A certified copy of the order of the Secretary General of Indian Road Congress making such
an appointment shall be furnished to each of the parties.

(c) Arbitration proceedings shall be held at New Delhi, India, and the language of the
arbitration proceedings and that of all documents and communications between the parties
shall be English.

(d) The decision of the majority of arbitrators shall be final and binding upon both parties.
(e) The cost and expenses of Arbitration proceedings will be borne equally by both parties in
accordance with the following fee structure (the signing of the contract shall be the
acceptance of the fee structure given below by both the parties):

S.No. Particulars of fee and other Schedule Amount payable per

charges Arbitrator/ per case
1. Arbitrator fee Rs.15,000/- per day subject to a
publishing the Award within 12
months. 12 months will be reckoned
from the date of first meeting.
2. Reading Charges Rs.15,000/-
3. Secretarial Assistance and Incidental Rs.20,000/-
Charges (telephone, fax, postage etc.)
4. Charges for Publishing/ declaration of Maximum of Rs.20,000/-
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 the Award
5. Other expenses (As per actual Economy class by air, first class AC by
Against bills subject to maximum train, AC car by road.
of the prescribed ceiling given below)
Traveling Expenses, Lodging and (i) Up to Rs.15,000/- per day (metro
Boarding cities)
(ii) Up to Rs.7,000/- per day (other
cities)
(iii)Rs.3,000/- per day own
arrangement)
6. Local Travel Rs.1,500/- per day
7. Extra charges for days other than Rs.3,500/- per day
hearing / meeting days (maximum for
2 days
Note:- Lodging, boarding and traveling expenses shall be allowed only for those
members who are residing 100kms Away from place of meeting.
Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be
considered as Metro Cities.

However, the expenses incurred by each party in connection with the preparation,
presentation, etc. of its proceedings shall be borne by each party itself.

(f) Performance under the contract shall continue during the arbitration proceedings and
payments due to the contractor by the employer shall not be withheld, unless they are the
subject matter of the arbitration proceedings.

26. Deleted
B. Time Control

27. Programme

27.1 The Engineer shall issue the indent of work in stages specifying the time limit for the same
as and when required. The Contractor shall submit to the Engineer for approval a programme
within the time stipulated in the Contract Data showing the general methods, arrangements,
order, and timing for all the activities in the Works, along with monthly cash flow forecasts.

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

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

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

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28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date only after the approval of
NHIDCL 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.

28.2 The Engineer shall decide whether and by how much time to extend the Intended
Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the
effect of a Compensation Event or Variation and submitting full supporting information. If the
Contractor has failed to cooperate in dealing with a delay, the delay by this failure shall not be
considered in assessing the new Indented Completion Date.

29. Delays Ordered by the Engineer

29.1 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.

30. Management Meetings

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

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

C. Quality Control

31. Identifying Defects

31.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects
that are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may
instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer
considers may have a Defect.

32. Tests

32.1 The contractor shall be solely responsible for :

a. Carrying out the mandatory tests prescribed in the documents forming part of
contract.
b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.

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32.2 If the Engineer instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples.

32.3 Subject to further condition in contract data

33. Correction of Defects noticed during the Defect Liability Period.

33.1 The Defects Liability Period is 06 months calculated from the Completion Date. It is the
terms of contract that Construction of retaining wall shall be of very high standard,
requiring no major repairs for at least 6 (Six) months after the date of completion of
works.

33.2 If any defects including shrinkage, cracks, and other faults appear in the work within six
months of “Taking over” certificate, the Engineer shall give notice to the Contractor of
any defects before the end of the Defects Liability Period, which begins at Completion,
and is for twelve months thereafter. The Defects Liability shall be extended for as long as
defects remain to be corrected.

33.3 Every time notice of a defect is given; the Contractor shall correct the notified defect at
his own cost within the length of time specified by the Engineer’s notice. If the contractor is in
default the Engineer shall cause the same to be made good by other workmen and deduct the
expenses from any sums that may be due to the contractor.

34. Uncorrected Defects

34.1 If the Contractor has not corrected a Defect/completed the work, 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/completed, and the Contractor will pay this amount.

D. Cost Control
35. Bill of Quantities

35.1 The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning and maintaining works to be done by the Contractor.

35.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for
the quantity of the work done at the rates in the Bill of Quantities for each item for the work
executed.

35.3 Changes in the Quantities

35.3.1 If the final quantity of the work-done differs from the quantity in the Bill of Quantities
for the particular item by more than 25 percent provided the change exceeds 1% of initial
Contract Price, the Engineer shall adjust the rate to allow for the change. The Engineer shall
follow the guidelines of the Employer to determine the changed rate.

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35.3.2 The Engineer shall not adjust rates from changes in quantities if thereby the Initial
Contract Price is exceeded by more than 15 percent, except with the Prior approval of the
Employer. If requested by the Engineer, the Contractor shall provide the Engineer with a detailed
cost breakdown of any rate in the Bill of Quantities.

35.3.3 Change of scope due to six laning or OMT

Deleted

36. Variations

36.1 The Engineer shall, having regard to the scope of the Works and the sanctioned estimated
cost, have power to order only after approval from NHIDCL / as per NHIDCL guidelines, in
writing, Variations within the scope of the Works he considers necessary or advisable during the
progress of the Works. Such Variations shall form part of the Contract and the Contractor shall
carry them out and include them in updated Programs produced by the Contractor. Oral orders of
the Engineer for Variations, unless followed by written confirmation, shall not be taken into
account.

37. Payments for Variations

37.1 If rates for Variation items are specified in the Bill of Quantities, the Contractor shall
carry out such work at the same rate. This shall apply for Variations only up to the limit
prescribed in the Clause 35. If the Variation exceeds this limit, the rate shall be derived under the
provisions of clause 37.2 and 37.3 for quantities (higher) exceeding the deviation limit.

37.2 For works where Schedule of Rates (SOR) of concerned circle of State’s Public Works
Department are available shall be applicable for determination of costs. If the rates for Variation
are not specified in the SOR, the Engineer shall derive the rate from similar items in the Bill of
Quantities.

37.3 If the rate for Variation item cannot be determined in the manner specified in Clause 37.1
or 37.2, 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 one
month of the submission of the claim by the Contractor and approval from NHIDCL will 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 PWD (NH) division. The decision of the Employer on the rate
so determined shall be final and binding on the Contractor.

38. Cash Flow Forecasts

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

39. Payment Certificates

39.1 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.
39.2 The Engineer shall check the Contractor's monthly statement within 14 days and certify
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the amount to be paid to the Contractor after taking into account any credit or debit for the month
in question.
39.3 The value of work executed shall be determined, based on measurements by the
Engineer.
39.4 The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
39.5 The value of work executed shall also include the valuation of Variations and
Compensation Events.
39.6 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 later
information.
39.7 The final bill shall be submitted by the contractor within one month of the actual date of
completion of the work; otherwise, the Engineers certificate of the measurement and of the total
amount payable for work accordingly shall be final and payment made accordingly within a
period of sixty days as far as possible.

40. Payments
40.1 Payments shall be adjusted for deductions for advance payments, security deposit, other
recoveries in terms of the Contract and taxes at source, as applicable under the law. The
Employer shall pay the Contractor the amounts Engineer had certified within 14 days of the
date of each certificate.

40.2 The Authorized Representative of the Employer shall make the payment certified by the
Engineer.

40.3 Items of the Works for which no rate or price has been entered in the Bill of Quantities,
will not be paid for by the Employer and shall be deemed to be covered by other rates and
prices in the Contract.

41. Compensation Events

41.1 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.

41.2 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 the approval of
the employer.

41.3 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.

42. Taxes & Currencies for payments

42.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other
levies, duties, royalties, cess, toll, taxes of Central and State 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.

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 42.2 All payments will be made in Indian Rupees.

43. Price Adjustment - Deleted

43.1. Deleted

43.2. Deleted

44. Security Deposit / Retention Money

44.1 The Employer shall retain security deposit of 6 % (six percent) of the amount from each
payment due to the Contractor until Completion of the whole of the Works, subject to the
condition that the maximum amount of Retention Money shall not exceed 5% (Five Percent) of
the Contract Price.

44.2 The security deposit/retention money and the performance security will be released to the
Contractor when the Defect 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.

44.3 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).

45. Liquidated Damages

45.1 The Contractor shall pay liquidated damages to the Employer at the rate or part thereof
stated in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date. 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.

45.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting in
the next payment certificate. The contractor shall not be paid interest on the over payment of
liquidated damages.

46. Advance Payment: Deleted

47. Securities

47.1 Subject to further condition in contract data, the Performance Security equal to three
percent of the contract price and additional security for unbalanced bids 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

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 valid until a date 28 days after the expiry of Defect Liability Period and the additional
performance security for unbalanced bids shall be valid until a date 28 days from the date of
issue of the certificate of completion. The validity shall account for additional 3 months’ time to
account for BG verification, signing of contract and start date.

For unbalanced bids, an additional performance security shall be provided to the employer for
an amount calculated as under: (a) If the Bid Price offered by the Selected Bidder is lower than
20% of the estimated Project Cost, then the Additional Performance Security shall be calculated
@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. (b) Maximum limit
of additional performance security shall be limited to 3% of the Bid price offered by the
setected bidder. (c) This Additional Performance Security shall be treated as part of the
Performance Security.

48. Cost of Repairs

48.1 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 their cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract

49. Completion

49.1 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 is completed.

50. Taking Over

50.1 The Employer shall take over the Site and the Works within seven days of the Engineer's
issuing a certificate of Completion.

51. Final Account

51.1 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 and certify any final payment that
is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and
complete. If it is not, the Engineer shall issue within 56 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 56 days of receiving the Contractor’s revised account.

52. Operating and Maintenance Manual

52.1 DELETED
52.2 DELETED
53. Termination

53.1 The Employer may terminate the Contract if the Contractor causes a fundamental breach
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of the Contract.

53.2 Fundamental breaches of Contract include, but shall not be limited to, the following:

a) the Contractor stops work 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
reconstitution 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 correct it within a reasonable
period of time determined by the Engineer;
d) the Contractor does not maintain a Security, which is required;
e) the Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in clause 45;
f) the Contractor fails to provide insurance cover as required under clause 13;
g) if the Contractor, in the judgment of the Employer, has engaged in the corrupt or
fraudulent practice in competing for or in executing the Contract. For the purpose of this
clause, “corrupt practice” means offering, giving, receiving, or soliciting of anything of
value to influence the action of a public official in the procurement process or in Contract
execution. “Fraudulent Practice” means a misrepresentation of facts in order to influence
a procurement process or the execution of a contract to the detriment of the Employer and
includes collusive practice among Bidders (prior to or after bid submission) designed to
establish bid process at artificial non-competitive levels and to deprive the Employer of
the benefits of free and open competition.
if the Contractor has not completed at least thirty percent of the value of Work required to
be completed after half of the completion period has elapsed;
if the Contractor fails to set up a field laboratory with the prescribed equipment, within
the period specified; and
any other fundamental breach as specified in the Contract Data.

53.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.

53.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site
safe and secure, and leave the Site as soon as reasonably possible but in no case later than 7 days.

54. Payment upon Termination

54.1 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 the work done and Materials
ordered less advance payments received up to the date of the issue of the certificate and less the
percentage to apply to the value of the work not completed, as indicated in the Contract Data.
Additional Liquidated Damages shall not apply. 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.

54.2 Save and except Cl 35.3.3, if the Contract is terminated at the Employer's convenience,
the Engineer shall issue a certificate for the value of the work done, the reasonable cost of
removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works,
and the Contractor's costs of protecting and securing the Works and less advance payments
outstanding on 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.
In case of termination on account of award of 2 laning work stated in Cl 35.3.3, the Engineer
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shall issue a certificate for the value of work done till termination, less advance payments
outstanding, less other recoveries due in terms of contract and less taxes due to be deducted at
source as per applicable law.

55. Property

55.1 All Materials on the 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.

56. Release from Performance

56.1 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

57. Labour

57.1 The Contractor shall, make arrangements of his own cost and expenses for the
engagement of all staff and labour, local or others; for their payment, housing, feeding and
transport; and for compliance with various labour laws/ regulations.

57.2 The Contractor shall, as asked 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 the
Site and such other information as the Engineer may require.

58. COMPLIANCE WITH LABOUR REGULATIONS

58.1 During the currency of the Contract, the Contractor and his sub-Contractors shall abide at
all times by all existing labour enactments and rules made there under, 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 notified already or that may be notified 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 below. 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 there under, 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
laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor, the
Engineer/Employer shall have the right to deduct any money due to the Contractor including
from his performance security/ retention money. The Employer/Engineer 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. The employees of the Contractor and the Sub-
Contractor in no case shall be treated as the employees of the Employer at any point of time.

58.2 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE

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 TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORK.

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 on separation if an employee has completed the prescribed
minimum years (say, five years) of service or more or on death the rate of prescribed minimum
days‟ (say, 15 days) wages for every completed year of service. The Act is applicable to all
establishments employing the prescribed minimum number (say, 10) or more employees.

c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say, 10% or 8.33%). 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 1951: - 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 prescribed minimum (say 20) or more 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. Constructions 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 the workers.

h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for
work of equal nature to male and female workers and for not making discrimination against
female employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965: - The Act is applicable to all establishment employing
prescribed minimum (say, 20) or more 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
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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 prescribed minimum (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 Employers. 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
prescribed minimum (say, five) or more inter-state migrant workmen through an intermediary
(who has recruited workmen in one state for employment in the 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 employs the prescribed minimum (say, 10) or
more workers are covered under this Act. All such establishments are required to pay cess at the
rate not exceeding 2% of the cost of construction as may be modified by the Government. 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 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 prescribed minimum (say, 10) persons
or more with aid of power or another prescribed minimum (say, 20) or more persons without
the aid of power engaged in manufacturing process.

59. Drawings and Photographs of the Works

59.1 The contractor shall do photography/videography of the site firstly before the start of the
work, secondly mid-way in the execution of different stages of work and lastly after the
completion of the work. No separate payment will be made to the contractor for this.

59.2 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

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works or any part thereof or plant employed thereon, except those permitted under clause 59.1,
shall be taken or permitted to be taken by the Contractor or by any of his employees or any
employees of his sub-Contractors without the prior approval of the Engineer in writing. No
photographs/ Videography shall be published or otherwise circulated without the approval of the
Engineer in writing.

60. The Apprenticeship Act 1961

60.1 The Contractor shall duly comply with the provisions of the Apprenticeship Act1961 (III
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 TO GENERAL CONDITIONS OF CONTRACT

Clause Reference
Items marked “N/A” do not apply in this Contract. [CL.1.1]
The Employer is: -
National Highways and Infrastructure Development Corporation Ltd.
1st & 2nd Floor, Tower A,
World Trade Centre,
Nauroji Nagar, New Delhi-110029

Name of Authorized Representative: -

Executive Director (P)
Regional Office-Agartala
National Highways & Infrastructure Development Corporation Limited.
(Ministry of Road Transports & Highways, Government of Tripura)
Regional Office, 3rd floor, UD bhawan, Near Ravindra bhawan,
Sakuntala, Agartala, Tripura
Email: [email protected]

2. The Engineer is : [CL.1.1]

Designation: Dy. General Manager (P)
Address: National Highways & Infrastructure Development Corporation
Limited, PMU-Dharmanagar, e-mail: [email protected];
3. The intended Completion Date for the whole of the works is 06 [CL.1.1, 17&28]
months from start date.
4. The location of site is given in the Bid notice (SECTION I) [CL.1.1]
5. The start date shall be reckoned within 07 days after the date of issue [CL.1.1]
of the notice to proceed with the work.
6. (a) The name and identification number of the contract is given in [CL.1.1]
the table given in Bid Notice (SECTION I)
7. (a) The law which applies to the contract is the law of Union of [CL.3.1]
India.
(b) The language of the contract documents is English [CL.3.1]
8. The limit of subcontracting is NIL of initial contract price [CL.7.1]
9. Schedule of other contractor –NIL [CL.8.1]
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10. Technical Personnel are as given in the ITB (SECTION II) [CL.7.1]
11. Amount of Insurance are: [CL.13.1]
(a) Rupees equivalent to contract price
(b) Rupees equivalent to 5% of contract price
(c) Rupees equivalent to 5% of contract price
(d) Rupees 20 lakhs for multiple incidents
And deductible as per premium rate

12. Site investigation report-NIL [CL.14.1]

13. (A) The period for submission of the programme for approval of [CL.27.1]
Engineer shall be 21 days from the issue of Letter of
Commencement.
(B) (a) Identified indented work
(1) Weekly Indent, Monthly Indent, Quarterly Indent and Bi-
annual Indent – 3 days before start of week; 7 days before
start of month; 15 days before start of quarter and 28 days
before bi-annual period concerned
(2) Emergent Indents – Within 24 hours

14. Amount to be withheld for delays in submission of updated

programme: 1% of value of work corresponding to the updated
programme.
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
days from the date of notice to start work.
16. (a) Amount of liquidated damages for delay in completion of
works
For whole of work (1/2000)th of the Initial
Contract Price, rounded off to the nearest
Thousand, per day.
For Sectional Completion (wherever specified, in
item 6 of Contract Data (1/200)th of initial
contract price for 5 km section, rounded off to the
nearest thousand per day.

(b) Maximum limit of liquidated damages for delay in

completion of work.
10 percent of the initial contract price rounded off
to the nearest thousand.

[CL.45.1]

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17. The standard form of Performance Security acceptable to the [CL.47.1]
Employer shall be an shall be an unconditional Bank Guarantee of
the type as presented in the Bidding Documents.
18. Other fundamental breach is that the contractor has failed to
complete 75% of value of indented work in any 3 indents issued by [CL.53.2]
the Engineer.
19. The percentage to apply to the value of work not completed
representing the Employer's additional cost for completing the work [CL.54.1]
shall be 20%.

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 (SECTION-VI)

TECHNICAL SPECIFICATIONS

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 TECHNICAL SPECIFICATIONS
7.1 PREAMBLE:

The Technical Specifications contained herein shall be read in conjunction with the other
Bidding Documents as specified.

7.2 GENERAL REQUIREMENTS

The Technical Specifications in accordance with which the entire work described
hereinafter shall be executed and completed by the Contractor shall comprise of the
following:

7.2.1 PART – I – GENERAL TECHNICAL SPECIFICATIONS

The General Technical Specifications shall be the “SPECIFICATIONS FOR ROAD

AND BRIDGE WORKS” (FOURTH REVISION, August 2014) issued by the Ministry
of Road Transport & Highways, Government of India and published by the Indian Roads
Congress, hereinafter referred to as MORT&H Specifications.

PART – II – SUPPLEMENTARY TECHNICAL SPECIFICATIONS

The Supplementary Technical Specifications shall comprise of various

Amendments/Modifications/Additions to the “SPECIFICATIONS FOR ROAD AND
BRIDGE WORKS” referred to in PART-I above and Additional Specifications for
particular item of works not already covered in Part – I.

A particular clause or a part thereof in “SPECIFICATIONS FOR ROAD AND BRIDGE

WORKS” (FIFTH REVISION, April 2013), referred in Part-I above, where
Amended/Modified/Added upon and incorporated in Part-II, referred to above, the
Amendment/ Modification/ Addition supersedes the relevant clause or part of the clause.

When an Amended/Modified/Added Clause supersedes a Clause or part thereof in the

said Specifications, then any reference to the superseded clause shall be deemed to refer
to the Amended/Modified/Added Clause or part thereof.

In so far Amended/Modified/Added Clause may come in conflict or be inconsistent with

any of the provisions of the MOST Specifications under reference, the
Amended/Modified/Added clause and the additional specifications shall always prevail.

5.2.2 In the absence of any definite provisions on any particular issue in the aforesaid
Specifications, reference may be made to the latest codes and specifications of IRC and
BIS in that order, Where even these are silent, the construction and completion of the
works shall conform to sound engineering practice as approved by the Engineer and, in
case of any dispute arising out of the interpretation of the above, the decision of the
Engineer shall be final and binding on the Contractor.

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PART - II

7.3 AMENDMENTS/MODIFICATIONS/ADDITIONS TO EXISTING CLAUSES OF

GENERAL TECHNICAL SPECIFICATIONS (PART- I).

SECTION 100 – GENERAL

Clause 102 Definitions:

The following abbreviation shall be added in this Clause: “MOST”

– Ministry of Surface Transport, Govt. of India (Now Ministry of
Road Transport and Highways) “NHIDCL” – National Highways &
Infrastructure Development Corporation Ltd.

Clause 106 Construction Equipment:

Clause 106 (a) Add the following sentence. “The trial run is to be carried out
laying the relevant pavement material and it is not to be part of the
permanent works. The trial is to be carried out on prior approval of
equipment by Engineer-in-Charge.”

Add Sr. No. (g)

“The Contractor shall furnish to the engineer the detailed technical

literature and other relevant documents regarding the
performance of plant/equipment for approval prior to its purchase
or mobilization on site.”

Clause 107 Contract Drawings:

Clause 107.3 Deleted this Sub-Clause entirely.

Clause 108.4 The clause shall be read as follows:

“Identification of quarry sites and borrow areas shall be the

responsibility of the Contractor. Materials procured from quarry
sites and borrow areas identified by the Contractor and to be used in
Works must comply with the requirements of quality as
stipulated in the Technical Specifications for particular item of
work”.

Clause 109 Setting Out:

Clause 109.10 Add new sub-clause

“Before carrying out any survey work the Contractor shall submit to
the Engineer for the approval a programme and methodology for the
calibration of all optical and electronic survey equipment to be used
on site during construction of the works. The Contractor will
maintain calibration records for all such equipment in his site office,
available at all times for inspection by the Engineer.

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Clause 110 Public Utilities:

Clause 110.1 Revise the clause as under:

Existing services like water pipes, sewers, oil pipelines, cables, gas ducts
etc. Owned by various authorities including Public Undertaking an Local
Authorities shall be checked and located by the Contractor prior to
commencement of work.

Clause 110.2 Revise the clause as under:

The Contractor’s programme must take into account the period of notice
and duration of diversionary works of each body as existing at site. The
Contractor must also allow for any effect of these services and alterations
upon the Works and for arranging regular meetings with the various bodies
at the commencement of the Contract and throughout the period of the
Works in order to maintain the required co-ordination. During the
period of the Works, the contractor shall have no objection if the public
utility bodies and their decisions in the execution of their proposal in terms
of programme and construction. Provided that, in the opinion of the
Engineer, the Contractor has received reasonable notice thereof before the
relevant alterations are put in hand.

Clause 111 Precautions for Safeguarding the Environment:

Clause 111.1 General

Add the following after the first paragraph:

The Contractor shall preserve existing trees, plants and other vegetation
that are to remain within or adjacent to the works and shall use every
precaution necessary to prevent damage or injury thereto. On completion
of the Works, all areas disturbed by the Contractor’s construction
activities shall be restored in their original condition, or as may be
acceptable to the Engineer. The cost of this work shall be deemed to be
included in the rates generally.

Clause 111.4 Add the following sentence:

“The Contractor is to ensure that there is good drainage at all construction

areas, to avoid creation of stagnant water bodies especially in
urban/industrial areas, including water in old water bodies.”

Clause 111.5 Pollution from Hot Mix Plants and Batching Plants

Add the following paragraph at the end of this Sub-clause.

The H.M.P. should be sited at least 500m away from the nearest abitation.
The H.M.P. shall be fitted with a dust extraction unit in order that the
exhaust gases comply with the requirements of the relevant current
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 emission control legislation. “All operations at plants shall be undertaken
in accordance with all current rules and regulations protecting the
environment.”

Clause 111.6 Substances Hazardous to Health

Add the following after the first paragraph as follows:

“The use of any herbicide or other toxic chemical shall be strictly in

accordance with the manufacturer’s instructions. The Engineer shall be
given at least 6 working day’s notice of the proposed use of any herbicide
or toxic chemical.

A register of all herbicides and other toxic chemicals delivered to the site,
shall be kept and maintained up to date by the contractor. The register
shall include a name physical properties and characteristics, chemical
ingredients, health and safety hazard information, safe handling and
storage procedures, and emergency and first aid procedures for the
product.”

Clause 111.9 Add the following sentence at the end of the para.

Vehicles delivering materials to the site shall be covered to avoid spillage

of materials on public roads.

Clause 111.12 After the last sentence add the following:

“The costs of compliance with Clause 111 shall be deemed to be included

in the rates for items included in the Bill of Quantities.”
Refer to Clause 114.2 (xv) of MOST Specification.

Clause 111.13 Add new Sub-Clause:

“The Discharge Standards promulgated under the Environment Protection

Act, 1986 shall be adhered to strictly. All waste arising from the project
is to be disposed of in a manner which is acceptable to the State
Pollution Control Board and the Engineer.”

All vehicles and machinery employed in the execution of the works shall be
regularly maintained to ensure that pollutant emission levels comply with
the relevant requirements of current pollution control legislation. During
routine servicing operations, the effectiveness of exhaust silencers must be
checked and if found to be defective must be replaced. Notwithstanding
this requirement, noise levels from any item of plant must comply with the
relevant legislation for levels of sound emission. Non compliant plant is to
be removed from site.

Vehicle maintenance and refueling shall be carried out in such a fashion

that spillage of fuels and lubricants do not contaminate the ground or
nearby watercourse. An “oil interceptor” shall be provided for wash down
and refueling areas. Fuel storage shall in proper bounded areas. All spilt
and collected petroleum products shall be disposed of in accordance with
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 the relevant legislation.

Clause 111.14 Add the following New Sub-Clause:

All temporary accommodation must be constructed and maintained

in such a fashion that uncontaminated water is available for drinking,
cooking and washing. The sewage system for the camp must be properly
designed, built and operated so that no health hazard occurs and no
pollution to the air, ground or adjacent watercourses take place
compliance with relevant legislation must be strictly adhered to
Garbage bins must be provided in the camp and regularly emptied
and the garbage disposed of in a hygienic manner. Construction camps
are to be sited away from vulnerable people and adequate health care is to
be provided for the work force.

Clause 111.15 Add the following New Sub-Clause:

All works are to be carried out in such a fashion that the damage or
disruption to the flora and fauna is reduced to a minimum wherever
possible. Trees or shrubs will only be felled or removed that impinge
directly on the permanent works or necessary temporary works, after
seeking approval of the Engineer.

Clause 112 Arrangement For Traffic During Construction:

Clause 112.1 General

Delete the last sentence and add the following:

“The Contractor shall submit, for the Engineer’s approval, Traffic Control
Plan 5 days prior to commencement of the temporary / permanent works.”

The plan shall include:

i. Typical drawings for temporary diversions in accordance with Clause

112.3
ii. Typical details of arrangements for construction under traffic including
details of traffic arrangement after the cessation of work each day. Special
consideration shall be given in the preparation of the Traffic Control Plan
to the safety of pedestrians and workers at night. Temporary diversions
will be constructed only with the approval of the Engineer.

Clause 112.2 Passage of Traffic along a part of the Existing Carriage way under
improvement:

Delete this clause replace as follows:

“For strengthening of existing carriage way, where part of the existing

carriage way is proposed to be used for passage of traffic & hard holder
are not available then, treated shoulders shall be provided on the side on
which work is not in progress. If the existing shoulder width less than
1.5m the same shall be extended up to 1.5m for earth work duly
compacted. The top 15.0cm or as directed by the engineer including
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 extended shoulder of 1.5m width shall be filled up by granular sub
base material duly bounded with binding material and compacted. The
sub base material shall conform to MOST specification Clause 401, the
work of excavation and filling of granular sub-base material so carried out
shall be paid under relevant items of bill of quantities. The contractor
shall maintain the bypass/diversion during the period of construction
by way of watering, compacting, and making good loss of sub-base
material after filling up of the rutting/depression etc. by additional
quantity of granular sub base material. The items operations like
maintenance, making good the loss of material, watering, compacting,
leveling and dressing along with additional quantity of sub-base
material shall be considered as incidental to the work and no extra
payment will be ade for these operations. The continuous length in which
such works shall be carried out would be within a range of 200 to 500m
at a place.

Clause 112.6 Measurements for Payments and Rate

Add “and no extra payment will be made except the treatment of shoulders
for earth work and granular sub-base as per Clause 112.2 above.” At the
end of first paragraph.

Clause 112.7 Side Roads and Property Accesses

Add new sub Clause:

“At all times, the Contractor shall provide safe and convenient passage for
vehicles pedestrians and livestock to and from side roads and property
accesses connecting to the roadway. Work which affects the use of side
roads and existing accesses shall not be undertaken without providing
adequate prior provisions to the satisfaction of the Engineer.”

Clause 112.8 Plant and Equipment

Add new sub Clause:

“During the day, plant and equipment working in a position adjacent to

traffic and having a projection beyond the normal width of the item, for
example, a grader blade shall have a fluorescent red marker attached to the
outer end of the projection. During poor light conditions an additional
traffic controller with an illuminated red marker shall direct traffic around
such plant and equipment. At night, all plant items and similar
obstructions shall be removed from the normal path of vehicles, to provide
a lateral clearance of at least 6m where practicable, with a minimum
clearance of 1.2m. Plant and equipment, within 6m of the normal path of
vehicles, shall be lit by not less than two yellow steady lamps suspended
vertically from the point of the obstruction nearest to a traffic lane, and
one yellow steady lamps at each end of the obstruction on the side farthest
away from the traffic lane.”

Clause 113 General Rules For the Measurement of Works for Payment:

Clause 113.2 Measurements for Lead of Materials

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 Delete this Clause and replace with:

“The rates in the Bill of Quantities are deemed to include the costs
of haulage from source of supply to the site for all materials
required for the Works.”

Clause 114 Scope of rates for different items of work:

Add to Clause 114.2 (xvii). Cost of all provisions for executing the
work safely including all protective clothing, barriers, earplugs etc.

Clause 115 Methodology and Sequence of Work:

Substitute “28 days” for “30 days” in the 2nd line.

Clause 121 Field Laboratory:

Clause 121.1 Scope

Delete this Clause and replace with:

“The work under this Clause covers the provision and

maintenance of a fully equipped laboratory.” The equipment in the
laboratory shall be as decided by Engineer, keeping in view of item of
works prescribed in BOQ.

Clause 121.2 Description

Delete this Clause and replace with:

“The Contractor shall construct a fully furnished and equipped field

laboratory to the satisfaction of the Engineer. The laboratory will be
located at a site approved by the Engineer and must be of adequate size to
perform all the tests required under the contract including sufficient light,
electric and water supply. The Contractor shall provide working drawings
incorporating all the services based on the information given in the
changes for the approval of the Engineer prior to commencement of
construction. An office must be provided in the laboratory for the
exclusive use of the Engineer’s, Materials Engineer, adequate toilet and
washing facilities must be provided. The contractor shall provide the field
laboratory within one month from the date of the commencement of the
work. Prior to this, contractor must make suitable alternative
arrangements for the testing of materials, which are acceptable to the
Engineer.

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Clause 121.3 Laboratory Equipment shall be provided as prescribed by the
Engineer relevant to items of work in BOQ.

Clause 121.3.2 For soils and aggregates

Delete item no. (xi) and (xii)

Clause 121.3.5 Add New Sub-Clause:

For Control of Profile and Surface

Evenness
i) Theodolite 2 sets
ii) Precision automatic level 2 sets
iii) Precision staff 4 sets
iv) Camber templates 2 lane
a) Crown type cross-section 4 sets
b) Straight run cross-section 4 sets
Steel Tape
a) 3 m long 4 sets
b) 5 m long 4 sets
c) 10 m long 4 sets
d) 20 m long 4 sets
e) 30 m long 4 sets

Clause 121.3.6 Add New Sub-Clause:

In addition clause 121.3 any equipment which is not mentioned in

this clause but which is necessary for the work for complying with
the provisions of the contract and Section 900 of MOST
specifications or as required by the engineer shall be provided by
the contractor. No extra payment shall be made to the contractor
and it will be considered as incidental to the work.

Clause 121.6 Delete this Sub-Clause.

Clause 121.7 Substitute this Sub-Clause by the following:

“There is no separate item in the Bill of Quantities for establishing

and maintenance of the laboratory and supply, erection maintenance of
equipment and also running cost of testing. The rates quoted by the
Contractor shall be deemed to cover the cost of all these items.”

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Clause 126: Supply of Video Cassettes

126.1 Description

The work consists of taking video films of important activities of the work as directed by the
Engineer during the currency of the project and editing them and converting them to a CD
(master CD+ 4 copies) film of playing time not less than 60 minutes and upto 180 minutes as
directed by the Engineer. It shall contain narration of the activities in English by competent
narrator. The editing of the film and the script for narration shall be as approved by the Engineer.
The CD shall be acceptable quality and the film shall be capable of producing colour pictures.

126.2 Measurement for Payment & Rates

No separate payment shall be made and the work shall be treated as incidental.

SECTION 300 – EARTHWORK EROSION CONTROL AND DRAINAGE

Clause 301 Excavation for Roadway and Drains

Clause 301.3.3 Excavation – General

Delete the last two sentences of last paragraph. And add, “The
earthwork shall be carried out as per the sequences stated in this
contract or as directed by engineer-in-charge”.

Clause 301.3.12 Back-filling

After the last sentence add the following:

“Density requirements for back filling shall be in accordance with

Table 300-2” of MOST.

Clause 301.9 Rates

Clause 301.9.2 This Clause is replaced as follows:

“The contract unit rate for loosening and re-compacting at sub-

grade level shall include full compensation for loosening to the
specified depth, removing the loosened soil outside the roadway
wherever considered necessary, rolling the surface below,
breaking the clods, spreading the excavated soil layers, watering
where necessary and compacting to the requirements.”

Clause 304 Excavation for Structures:

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Clause 304.3.7 Back filling

Add second paragraph as under:

“The working space between the structure and the excavation

shall be cleared out completely of all construction materials and
loose earth that fallen into the excavation during construction.
The excavation shall be pumped dry and all saturated and soft
earth removed prior to being inspected by the Engineer who will
give his permission for the placement of any fill material, provided
the space has been properly prepared. Compaction will only be
carried out with mechanical compactors of sufficient capacity to
ensure correct compaction of the back fill material. The fill is to be
brought up in layers not greater than 150 mm. Mass filling of
structures with machines will not be permitted and contractors
should make allowance in their rates for the methodology
Described above.”

Clause 305 Embankment Construction:

Clause 305.2 Material and General Requirements

Clause 305.2.1 Physical Requirements

Clause 305.2.1.2 Amend the first sentence of this Clause as under:

“Highly expansive soils such as Ch, MH or OH exhibiting marked

swell and shrinkage properties („free swelling index” exceeding 50
per cent when tested as per IS 2720 – Part 40) shall not be used
in construction of sub grade and embankment.”
Clause 305.2.1.4 Delete the second and third sentence of Clause 305.2.1.4, i.e.,
“However, the Engineer may……………..Compacted layer
thickness.”

Clause 305.2.2.2 Borrow Materials

Paragraph 1 of this clause shall read as under:

“No borrow area shall be made available by the Employer for this work.
The arrangement for the source of supply of the material for embankment
and sub grade as well as compliance to the different environmental
requirements in respect of excavation and borrow areas as stipulated, from
time to time, by the Ministry of Environment and Forest, Government of
India and the local bodies, as applicable shall be the sole responsibility of
the
Contractor.”

Paragraph 8 of this Clause given below Table 300-2 shall read as under:

“The contractor shall at least 7 working days before commencement of

compaction submit the following to the Engineer for approval:

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 i) The Values of maximum dry density and optimum moisture content
obtained in accordance with IS 2720 (Part 8) for each fill material he
intends to use.
ii) The graphs showing values of density against moisture content from
which each of the values in (i) above of the maximum dry density and
optimum moisture content were determined.
iii) The dry density-moisture content-CBR relationship for each of the fill
materials be intends to use in the sub grade.”

Clause 305.3 Construction Operations

Clause 305.3.4 Compacting ground supporting embankment/subgrade

Delete “where necessary” in the first sentence of the first

paragraph.

Clause 305.3.5.2 In Paragraph 3, delete “IS: 2720 (Part 7) or “and “as the case may
be”.

Clause 305.3.6 Compaction

The second paragraph of this Clause shall read as under:

“Only vibratory rollers of not less than 8 – 10 ton static weight with
plain or pad foot drum shall be used for compaction.”

Clause 305.4 Construction of Embankment and sub-grade under special

condition.

Clause 305.4.1 Add new para after para 1 as under:

“The earthwork for widening the existing road embankment and shoulders
shall be carried out in layers duly compacted. On completion of earth
work to the required height the triangular portion on the sloping face of
the layers shall be cut in such a manner that the specified slope is
achieved. This operation is incidental to work and no extra payment shall
be made for this.”

Clause 305.4.7 Earthwork for high Embankment

Substitute the first paragraph of this clause as under:

“In the case of high embankments, the Contractor shall use the material
from the approved borrow area.”

Soil Erosion and Sedimentation Control

Clause 306.4 Measurement for Payment

Substitute the Clause 306.4 as follows:

“All temporary sedimentation and pollution control works shall be

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 deemed as incidental to the earthwork and other items of work
and as such no separate payment shall be made for the same.”

Clause 306.5 Rate

This Clause is deleted.

Clause 307 Turfing with sods.

Clause 307.5 Add “(iii) application of top soil” after (ii). Delete “the contract unit rate
for application of top soil shall be as per clause 301.9.5”.

Clause 309 Surface/Sub-Surface Drains

Clause 309.2 Surface Drains

Add at the end of third paragraph:

Metal grates for sumps on concrete lined surface drains shall be heavy
duty (trafficable by commercial vehicle) proprietary products with gaps
between bars no greater than 26mm. The Contractor shall submit
proposals for grating to the Engineer for approval before commencing
construction of the sumps.”

Clause 309.4 Measurement for Payment

Delete the first sentence and replace with:

“Surface drains not lined shall be included in the items for

excavation for the roadway in accordance with Clause – 301.8.”

Clause 309.5 Rates

Add at the end of this clause as under:

“The rate for concrete lined drains shall include bedding concrete and
jointing. The rate for lined surface drains shall include inlet sumps and
metal grates where specified.”

Add Clause 314 as under:

Clause 314 Leveling and Dressing over area:

Clause 314.1 Scope

The work shall consist of excavation, removal, filling and satisfactory

disposal of all materials necessary for the area to be leveled and dressed in
line, grades as directed by the Engineer. It shall include cutting and filling
the ground in all type of soil where variation of existing ground level is +
30 cm or less. It will also include the grubbing of the existing rank
vegetation and clearance of undergrowth completely.

Clause 314.2 Construction Operation

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 The engineer shall identify the area where leveling and dressing is to be
carried out. The clearing and grubbing of rank vegetation and
undergrowth shall be carried out as per clause 201.1. If the stagnant water
is existing on the side, the same shall be pumped / bailed out. The area
shall be kept dry throughout the operation of leveling and dressing. The
leveling and dressing shall be carried out by excavating the high area and
filling the low area with the excavated material in proper slope. This
operation will be carried out manually/mechanically as per site conditions.

Clause 314.3 Measurements

The measurement shall be made for the area to be leveled and dressed in
Sqm.

Clause 314.4 Rates

The contract unit rates for the items for leveling and dressing shall be
payment in full for carrying out the required operations including full
compensation for:
1. Cost of all labour, materials, tool, equipment and incidentals to complete
the work.
2. Clearing and grubbing the rank vegetation and undergrowth and their
disposal within 1000m.
3. Pumping and bailing out of water and keeping the area dry during
construction.
4. In all type of soils and saturated earth.

SECTION 400 - SUB-BASES, BASES (NON-BITUMINOUS) ANDSHOULDERS:

Clause 401.4.1 Substitute “Smooth wheeled roller” by “Vibratory Roller” or as approved

by Engineer-In-charge.

Clause 401.4.2 Spreading and Compacting

The following shall be added to Paragraph 1:

“The thickness of the loose layers shall be so regulated that the maximum
thickness of the layer after compaction does not exceed
150 mm.”

The fifth paragraph of this Clause shall be as under:

“Immediately thereafter, rolling shall start with the help of a vibratory

roller of minimum 80 to 100 KN static weight with plain drum or pad foot
drum of heavy pneumatic tyre roller of minimum 200 to 300 KN weight
having a minimum tyre pressure of 0.7 kN/m2 or adequate capacity
capable of achieving the required compaction. Rolling shall commence at
the lower edge and proceed towards the upper edge longitudinally for
portions having unidirectional cross fall and super-elevation and shall
commence at the edges and proceed towards the crown for portions having
cross falls on both sides.”

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Clause 401.7 Measurement for payment:

Add paragraph 3 as under:

For carrying out full depth repair and/or reconstruction of road

pavement, if the granular sub-base materials laid on the shoulders
for diversion of traffic (as per clause 112) is required to be
scarified/removed and re-laid after compensating the loss during
handling and by movement of traffic on completion of Full depth
repair/reconstruction of road pavement, this operation shall be
considered incidental to the work of providing granular sub-base
and no extra payment shall be made for the same.

Clause 404.2.1 Coarse aggregate:

Amend this clause as under:

Coarse aggregate shall be either crushed or broken stone. The

aggregates shall conform to the physical requirements set-forth in
Table 400-6. The type and size range of the aggregate shall be
specified in the contract or shall be as specified by the Engineer.
If the water absorption value of the coarse aggregates is greater
than 2 percent, the soundness test shall be carried out on the
material delivered to site as per IS: 2386 (part 5).

Clause 404.2.3 Crushed Slag:

Delete this Clause

Clause 404.2.4 Over-burnt (Jhama) brick aggregates:

Delete this Clause.

Clause 404.3.4 Rolling:

Delete in first para “three wheeled rollers80 to 100 kN

capacity or tandem or”

SECTION 500 - BASE AND SURFACE COURSES (BITUMINOUS):

Clause 501.8.2.4 Profile Corrective Course and its application:

Replace (ii)) with

“The material for bituminous profile corrective course shall be laid

independently of all other courses, adopting such construction procedures
and using such equipment as may be appropriate to the specified type of
material and thickness of the course manually/machine paid as approved
by the engineer-in-charge. The method of providing profile corrective
course shall be approved by the engineer-in-charge.

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Clause 501.8.3.1 Preparing Existing Granular Surface

Amend the Clause as under:

“The surface on which bituminous profile corrective course is to be laid

shall be thoroughly swept clean of dust and any other extraneous
material using mechanical broom and dust collected removed or blown of
using compressed air except in places where technical means cannot
reach. A prime coat conforming to Clause 502 shall be applied prior
to laying profile corrective course.”

Clause 501.8.3.4 Laying the Profile Corrective Course.

Clause 501.8.3.4.1 This clause shall read as under:

“The surface on which profile corrective course is to be laid shall be

thoroughly swept clean of dust and any other extraneous material
using mechanical broom and dust collected removed or blown off using
compressed air except in places where mechanical mans cannot reach.”

“After preparing the granular surface as in Clauses 501.8.3.1 and

501.8.3.2, the profile corrective course with materials as per Clause
501.8.2.3/501.8.2.4 shall be laid and compacted to the requirement of
particular Specification Clause.”

Clause 502 Prime Coat Over Granular Base :

Clause 502.2.3 The type of bitumen emulsion shall be slow setting.

Clause 503 Tack Coat

Clause 503.2.1 The type of bitumen emulsion shall be medium setting.

Clause 504 Bituminous Macadam :

Clause 504.2 Materials

Clause 504..2.1 Bitumen:

The penetration grade of bitumen shall be 60/70.

Clause 507& 509 Bitumen

The penetration grade of bitumen shall be 60/70.

Page 84 of 98
Clause 507.9 For DBM, Clause 508.9 for SDBC and Clause 509.9 for BC

These clauses stand amended to the extent that the rate shall cover the provision of bitumen in
the mix as per job mix formula. No variation in the rate for this item will be admissible on
account of quantity of bitumen used.

Clause 801

801 TRAFFIC SIGNS

801.1 GENERAL

801.1 The colour, configuration, size and location of all traffic signs for highways (otherthan
Expressways for which the size of the signs, letters and their placement shall be as specified in
the drawings and relevant Specifications or as directed by the Engineer) and for other roads,
shall be in accordance with the Code of Practice for Road Signs, IRC:67:2010, or as shown on
the drawings. In the absence of any details or for any missing details (for example, chevron
signs etc.), the signs shall be provided in accordance with international standards and/or as
directed by the Engineer.

801.1.2 Unless otherwise specified, the signs shall be reflectorised as shown on the drawings or
as directed by the Engineer. They shall be of retro-reflectorised type and made of micro-
prismatic type reflective as per IRC:67:2010.

801.1.3 In general, cautionary and mandatory signs' shall be fabricated through process of screen
printing. In regard to informatory signs with inscriptions or cut letters of, coloured
retroreflective sheeting comprising un metalized microprismatic element material as per
IRC:67:2010 or durable transparent, coloured overlay film shall be used which must be bonded
well on the base sheeting, as directed by the Engineer.

801.2 Materials

The various materials and fabrication of the traffic signs shall conform to the following
requirements:

801.2.1 Concrete : Concrete shall be of the grade shown on the Contract drawing or otherwise
as directed by the Engineer.

801.2.2 Reinforcing steel: Reinforcing steel shall conform to the requirement of IS:1786unless
otherwise shown on the drawing.

801.2.3 Bolts, nuts, washers: High strength bolts shall conform to IS: 1367 whereas precision
bolts, nuts, etc., shall conform to IS:1364.

801.2.4 Plates and supports: Plates and support sections for the sign posts shall conform to
IS:226 and IS:2062 or any other relevant IS Specifications.

801.2.5. Substrate; Sign panels may be fabricated on aluminium sheet, aluminium composite
Page 85 of 98
panel, fibre glass sheeting, or sheet moulding compound. Aluminum sheets used for sign boards
shall be of smooth, hard and corrosion resistant aluminium alloy conforming to IS:736-Material
designation 24345 or 1900. Aluminium Composite Panel and other materials shall meet the
relevant ASTM (D903, E8, E393, E732)/BS/BIS requirements.

801.2.6 Shoulder mounted ground signs with a maximum side dimension not exceeding600mm
shall not be less than 1.5 mm thick with Aluminium and 3 mm thick with Aluminum Composite
Material. All other signs shall be at least 2 mm thick with Aluminium and 4 mm thick with
Aluminium Composite Material. The thickness of the sheet shall be related to the size ofthe sign
and its support and shall be such that it does not bend or deform under prevailing wind and other
loads. All overhead signs made with Aluminium Composite Material shall be minimum 4 mm
thick to withstand wind and other loads without deformation.

801.2.7 In respect of sign sizes not covered by IRC:67: 2010 the structural details(thickness,
etc.) shall be as per the approved drawings or as directed by the Engineer.

801.3 Traffic Signs having Retro-Reflective Sheeting

801.3.1 General requirements: The retro-reflective sheeting used on the sign shall consist of
the white or coloured sheeting having a smooth outer-surface which has the property of retro-
reflection over its entire surface. It shall be weather-resistant and show colour fastness. It shall
be new and unused and shall show no evidence of cracking, scaling, pitting, blistering, edge
lifting or curling and shall have negligible shrinkage or expansion. A certificate of having tested
the sheeting for co-efficient of retro-reflection, day/night time colour luminous, shrinkage,
flexibility, linear removal, adhesion, impact resistance, specular gloss and fungus resistance 3
years outdoor weathering and its having passed these tests shall be obtained from a Government
Laboratory, by the manufacturer of the sheeting. The retro- reflective sheeting shall be either of
Engineering Grade material with enclosed lens, High Intensity Grade with encapsulated lens or
Micro-prismatic Grade retro-reflective element material as given in Clause below

801.3.2 Micro Prismatic Grade Sheeting (Type XI) :Retro reflective sheeting typically
manufactured as a cube corner. The reflective sheeting shall be retro reflective sheeting made of
micro prismatic retro reflective material. The retro reflective surface, after cleaning with soap
and water and in dry condition shall have the minimum co-efficient of retro reflection
(determined in accordance with ASTM D 4956-09) as indicated in Table 800

Table 800 Acceptable Minimum Coefficient of Retro-reflection for Type XI Prismatic

Grade SheetingA (Candelas per Lux per Square Metre)

Florescent
Observation Entrance Blue Brown Florescent Florescent
white Yellow Orange Green Red yellow
Angle Angle yellow Orange
-Green
0.1°B -4° 830 620 290 83 125 37 25 660 500 250
0.1°B +30° 325 245 115 33 50 15 10 260 200 100
0.2° -4° 580 435 200 58 87 26 17 460 350 175
0.2° +30° 220 165 77 22 33 10 7 180 130 66
0.5° -4° 420 315 150 42 63 19 13 340 250 125
0.5° +30° 150 110 53 15 23 7 5 120 90 45
1.0° -4° 120 90 42 12 18 5 4 96 72 36
1.0° +30° 45 34 16 5 7 2 1 36 27 14

Page 86 of 98
A Minimum Coefficient of Retro reflection (RA) (cd.lx-1.m-2).
B Values for 0.1o observation angles are supplementary requirements that shall apply only
when specified by the purchaser in the contract or order.

When totally wet, the sheeting shall show not less than 90 percent of the values, of retro
reflection indicated in above Table. At the end of 10 years, the sheeting shall retain at least 80
percent of its original retro-reflectance.

801.3.3 Messages / borders: The messages (legends, letters, numerals etc.) and borders shall
either be screen-printed or of cut-outs from durable transparent overlay or cut-out from same
type of reflective sheeting (excluding for black colour) for the cautionary/ mandatory signs.
Screen printing shall be processed and finished with materials and in a manner specified by the
sheeting manufacturer. For the information and other signs, the messages (legends, letters,
numerals etc.) and borders shall be cut-out from durable transparent overlay film or cut out from
same reflective sheeting only. Cut-outs shall be bonded with the sheeting in the manner specified
by the manufacturer. Both the screen printed areas and cut-out messages sheetings and cut-out
durable transparent overlay film shall be covered under the warranty period of the sheeting type,
issued by the sheeting manufacturer

801.3.4 For screen-printed transparent coloured areas on white sheeting, the coefficient of retro-
reflection shall not be less than 50 per cent of the values of corresponding colour in Tables 800
as applicable.

801.3.4.1 Cut-out messages and borders, wherever used, shall be made out of retro-reflective
sheeting (as per Clauses 801.3.2 as applicable), except those in black which shall be of non-
reflective sheeting.

801.3.5 Color: Unless otherwise specified, the general color scheme and properties shall
be as stipulated in ASTM 4956-09. The colors shall be durable and uniform in acceptable hue
when viewed in day light or under normal headlights at night and in inclement weather
conditions.

801.3.6 Adhesives: The sheeting shall have either a pressure-sensitive adhesive of the
aggressive-tack type requiring no heat, solvent or other preparation for adhesion to a smooth
clean surface, or a tack free adhesive activated by heat, applied in a heat-vacuum applicator, in a
manner recommended by the sheeting manufacturer. The adhesive shall be protected by an easily
removable liner (removable by peeling without soaking in water or other solvent) and shall be
suitable for the type of material of the base plate used for the sign. The adhesive shall form a
durable bond to smooth, corrosion and weather resistant surface of the base plate such that it
shall not be possible to remove the sheeting from the sign "base in one piece by use of sharp
instrument. In case of pressure-sensitive adhesive sheeting, the sheeting shall be applied in
accordance with the manufacturer's Specifications. Sheeting with adhesives requiring use of
solvents or other preparation for adhesive shall be applied strictly in accordance with the
manufacturer's instructions.
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801.3.7 Refurbishment: Where existing signs are specified for refurbishment, the
sheeting shall have a semi-rigid aluminum backing or materials as per Clause 801.2.5, pre-
coated with aggressive-tack type pressure sensitive adhesive. The adhesive shall be suitable for
the type of material used for the sign and should thoroughly bond with that material.

801. 3.8 Fabrication

801.3.8.1 Surface to be reflectorised shall be effectively prepared to receive the retro-

reflective sheeting. The sheeting of the material as per IRC:67:2010 , shall be de-greased either
by acid or hot alkaline etching and all scale/dust/ coating of any type removed/ scrubbed to
obtain a smooth plain surface before the application of retro-reflective sheeting. If the surface is
rough, approved surface primer may be used. After cleaning, metal shall not be handled, except
by suitable device or clean canvas gloves, between all cleaning and preparation operation and
application of reflective sheeting/primer. There shall be no opportunity for the substrate to come
in contact with grease, oil or other contaminants prior to the application of retro-reflective
sheeting.

801.3.8.2 Complete sheets of the material shall be used on the signs except where it is
unavoidable; at splices, sheeting with pressure sensitive adhesives shall be overlapped not less
than 5 mm. Where screen printing with transparent colours is proposed, only butt jointing shall
be used. The material shall cover the sign surface evenly and shall be free from twists, cracks
and folds. Cut-outs to produce legends and borders shall be bonded with the sheeting in the
manner specified by the manufacturer.

801.3.9 Warranty and durability: The Contractor shall obtain from the manufacture a ten year
warranty for satisfactory field performance including stipulated retro-reflectance of the retro-
reflective sheeting of micro-prismatic sheeting, a seven-year warranty for high intensity grade
and a five year warranty for the sheeting of engineering grade and submit the-same to the
Engineer. In addition, a ten year, seven year and a five year warranty for satisfactory In-field
performance of the finished sign with retro-reflective sheeting of micro prismatic, high intensity
grade and engineering grade respectively, inclusive of the screen printed or cut out
letters/legends and their bonding to the retro-reflective sheeting shall be obtained from the
contractor/supplier and submitted to the Engineer. The Contractor/ supplier shall also furnish the
LOT numbers and certification that the signs and materials supplied against the assigned work
meets all the stipulated requirements and carry the stipulated warranty and that the
contractor/supplier is the authorized converter of the particular sheeting:

All signs shall be dated during fabrication with indelible markings to indicate the start of
warranty. The warranty shall also cover the replacement obligation by the sheeting manufacturer
as well as contractor for replacement/repair/restoration of the retro-reflective efficiency.

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A certificate in original shall be given by the sheeting manufacturer that its offered retro-
reflective sheeting has been tested for various parameters such as co-efficient of retro-reflection,
day/night time colour and luminance, shrinkage, flexibility, linear removal, adhesion, impact
resistance, specular gloss and fungus resistance and 3 year outdoor weathering; the tests shall be
carried out by a Government Laboratory in accordance with various ASTM procedures and the
results must show that the sheeting have passed the requirements for all the above mentioned
parameters. A copy of the test reports shall be attached with the certificate.

801.4 Installation

801.4.1 The traffic signs shall be mounted on support posts, which may be of Gl pipes
conforming to IS: 1239, Rectangular Hollow Section conforming to IS :4923 or Square Hollow
Section conforming to IS:3589. Sign posts, their foundations and sign mountings shall be so
constructed as to hold these in a proper and permanent position against the normal storm wind
loads or displacement by vandalism. Normally, signs with an area up to 0.9 sqm shall be
mounted on a single post, and for greater area two or more supports shall be provided. Post-
end(s) shall be firmly fixed to the ground by means of properly designed foundation. The work
of foundation shall conform to relevant Specifications as specified.

801.4.2 All components of signs (including its back side) and supports, other than the
reflective portion and G.I. posts shall be thoroughly de scaled, cleaned, primed and painted with
two coats of epoxy/ fibre glass/ powder coated paint, Any part of support post below ground
shall be painted with protective paint.

801.4.3 The signs shall be fixed to the posts by welding in the case of steel posts and by
bolts and washers of suitable size. After the nuts have been tightened, the tails of the bolts shall
be furred over with a hammer to prevent removal.

801.5 Measurements for Payment

The measurement of standard cautionary, mandatory and information signs shall be in numbers
of different types of signs supplied and fixed, while for direction and place identification signs,
these shall be measured by area in square, metres.

801.6. Rate

The Contract unit rate shall be payment in full for the cost of making the road sign, including all
materials, installing it at the site furnishing of necessary test certificates, warranty and
incidentals to complete the work in accordance with these Specifications.

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Note : The warranty as specified in clause- 801.3.9 should be in the name of NHIDCL and
it must be deposited to the PD.

802 OVERHEAD SIGNS

802.1 General

802.1.1 Overhead signs may be used in lieu of, or as an adjunct to, kerb mounted signs
where the situation so warrants for proper information and guidance of the road users. The
following conditions may be considered while deciding about the provision of overhead signs:
 Traffic volume at or near capacity
 Complex interchange design
 Three or more lanes in each direction
 Restricted sight distance
 Closely spaced interchanges

 Multi.-lane exits
 Large percentage of commercial vehicles
 High speed traffic
804 Reflective Pavement Markers (Road Studs/Cat eyes)

804.1 General
The work cover the providing and mixing of reflective pavement marker (RPM) or
road stud, a device which is bonded to or anchored within the road surface for lane
marking and delineation for nighttime visibility. It reflects incident light in directions
close to the direction from which it came.

804.2 Material

804.2.1 Plastic body of RPM/road stud shall be moulded from ASA (Acrylic Styrene
Acrylonitrite) or HIPS (Hi-impact Polystyrene) or Acrylonitrite Butadiene
Styrene(ABS) or any other suitable material approved by the Engineer. The markers
shall support a load of 13635 kg tested in accordance with ASTM D 4280.

804.2.2 Reflective panels shall consist of number of lenses containing single or dual prismatic
cubes capable of providing total internal reflection of the light entering the lens face.
Lenses shall be molded of methyl merthcrylate conforming to ASTMD 788 or
equivalent.

804.3 Design
The slope or retro-reflecting surface shall preferably be 35+5 degree to base and the area
of each retro-reflecting surface shall not be less than 13.0 sqcm.

804.4 Optical Performance

804.4.1Unidirectional and bi-directional studs

Each reflector or combination of reflectors on each face of the stud shall have a
Page 90 of 98
 Coefficient of Luminous Intensity (C.I.L.) not less than that given in Table 800-12 or
Table 800-13 as appropriate.

804.4.2 Omni-directional studs

Each Omni-directional stud shall have a minimum (C.I.L.) of not less than 2 mcd/lx

Table 800-12 Minimum C.I.L. Values for Category „A‟ studs

Entrance Observation C.I.L. in mcd/lx

angle angle White Amber Red
00U 50 L&R 0.30 220 110 44
00U 100 L&R 0.50 120 60 24
Table 800-13 Minimum C.I.L. Values for Category „B‟ studs
Entrance Observation C.I.L. in mcd/lx
angle angle White Amber Red
0 U 60 L&R
0
0.3 0
20 10 4
00U 100 L&R 0.50 15 7.5 3

Note: 1) The entrance angle or 00U corresponds to the normal aspect of the reflectors when
the reflecting road stud is installed in horizontal road surface.

2) A stud that incorporates one or more corner cube reflectors shall be considered to be
included in category „A‟. A stud that incorporates one or more bi-convex reflectors
shall be considered to be included in category „B‟.

804.5 Tests

804.5.1 Coefficient of luminance intensity can be measured by procedure described in ASTM

E
809 “Practice for Measuring Photometric Characteristics” or as recommended in BS:
873 – Part 4:1973.

804.5.2 Under test conditions, a stud shall not be considered to fail the photometric
requirements if the measured C.I.L at any one position of measurement is less than
the values specified in Table 800-12 or 800-13 provided that
(i) the value is not less than 80% of the specified minimum, and
(ii) the average of the left and right measurements for the specific angle is greater
than the specified minimum.

804.6 Solar Powered Road Markers (Solar Studs)

The solar studs shall be made of Aluminum alloy and poly carbonate material which shall be
absolutely weather resistance and strong enough to support a load of 13635 kg tested in
accordance with ASTM D4280. Its colour may be white, red, yellow, green or blue or
combination as directed by the Engineer. Its water resistance shall meet the requirements of IP
65 in accordance with IS:12063:1987 Category 2 for protection against water ingress. The
dimentsions of solar studs shall not be less than 100 mm x 100 mm x 10 mm. It shall have super
bright LEDs so as to provide long visibility from a distance of more than 800m. Its flashing rate
shall not be less than 1 Hz. Its should be able to give the prescribed performance in the
temperature range of -400C to +550C. Its life shall be not less than 3 years.

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 804.7 Fixing of Reflective Markers

804.7.1 Requirements

The enveloping profile of the head shall be smooth and the studs shall not present any sharp
edges in traffic. The reflective portions of the studs shall be free from crevice or ledges where
dirt might accumulate. All road studs shall be legibly market with the name, trademark or other
means of identification of the manufacturer. Marker height shall not exceed 20 mm. Marker
width shall not exceed 130 mm. The base of the marker shall be flat within 1.3 mm. If the
bottom of the marker is configured, the outermost faces of the configurations shall not deviate
more than 1.3 mm from a flat surface. All road studs shall be legibly marked with the name,
trade mark or other means of identification of the manufacturer.

804.7.2 Placement

The reflective marker shall be fixed to the road surface using the adhesives and the procedure
recommended by the manufacturer. No nails shall be used to affix the marker, as nails are
hazardous for the roads. Regardless of the type of adhesive used, the markers shall not be fixed
if the pavement is not surface dry and on new asphalt concrete surfacing until the surfacing has
been opened to traffic for al period of not less than 14 hours. The portions of the highway
surface, to which the marker is to be bonded by the adhesive, shall be free of dirt, curing
compound, grease, oil, moisture, loose or unsound layers, paint and any other material which
would adversely affect the bond of the adhesive. The adhesive shall be placed uniformly on the
cleaned pavement surface or on the bottom of the marker in a quantity sufficient to result in
complete coverage of the area of contact of the marker with no voids present and with a slight
excess after the marker has been lightly pressed in place. For epoxy installations, excess
adhesive around the edge of the marker, excess adhesive on the pavement and adhesive on the
exposed surfaces of the markers shall be immediately removed.

804.7.3 Warranty and durability

The contractor shall obtain from the manufacturer a two-year warranty for satisfactory field
performance including stipulated retro-reflectance of the reflecting panel and submit the same to
the Engineer, In addition, a two year warranty for satisfactory infield performance of the finished
road marker shall also be given by the contractor who carried out the work of fixing of reflective
road markers. In case the markers are displaced, damages, get worn out or lose their reflectivity
compared to stipulated standards, the contractor would be required to replace all such markers
within 15 days of the intimation from the Engineer at his own cost.

804.8 Measurement for Payment

The measurement of reflective road markers shall be in numbers of different types of markers
supplied and fixed.

804.9 Rate
The contract unit rate for reflective road markers shall be payment in full compensation for
furnishing all labour, material, tools, equipment including incidental costs necessary for carrying
out the work at site conforming to the specifications complete as per approved drawings or as
directed by the Engineer.

Note : The warranty as specified in clause- 804.7.3 should be in the name of NHIDCL and
it must be deposited to the BO.
Page 92 of 98
 SECTION 900 – QUALITY CONTROL FOR ROAD WORKS

Clause 901 General

Amend the clause 901.10 as under:

Clause 901.10 For bitumen, cutback, emulsion, mild steel, cement and other
similar material where essential tests are to be carried out at the
manufacture‟s plant or at laboratories other than the site
laboratory, the cost of samples, sampling, testing, and furnishing of
the test certificates shall be borne by the Contractor. The frequency
of tests regarding bitumen, cutback and emulsion in respect of its
quality shall be as per the Table 900-4 of MOST Specification.

SECTION 1000 – MATERIALS FOR STRUCTURES:

Clause 1014 Storage of Materials:

Clause 1014.3 Aggregates

The following shall be added at the end of the Clause: “Aggregates

shall be stockpiled in a manner that will avoid segregation,
contamination by foreign materials and intermixing of various
sizes of aggregates.”

SECTION 3002- RESTORATION OF RAIN CUTS:

Clause 3002.4 Amend this as under:

“The earth works for restoration of rain cuts shall be measured in

cum.”

Page 93 of 98
 INTEGRITY PACT
BETWEEN
NATI ONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT CORPORATION LIM I TED
(NHIDCL) hereinafter referred to as "The Principal" (which expression, unless repugnant to
the context thereof, shall mean and include its legal representatives, heirs and
assigns)
AND
................................................hereinafter referred to as "The Bidder/Contractor" (which
expression, unless repugnant to the context thereof, shall mean and include its legal representatives,
heirs and assigns)
Preamble
The Principal intends to award, under laid down organizational procedures, contract(s) for (Name of
the contract) (herein after referred to as the 'Project'). The Principal necessarily requires full
compliance with all relevant laws of the land, rules, regulations, economic use of resources and of
fairness/transparency in its relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal may appoint an Independent External Monitor (IEM), who
will monitor the tender process and the execution of the contract for compliance with the Integrity Pact
by all parties concerned, for all works covered in the Project.
Section1-CommitmentsofthePrincipal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
a. No employee of the Principal, personally or through family members or through any other
channel, 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 Contractor(s)/Bidder(s) with equity
and reason. The Principal will in particular, before and during the tender process, provide
to all Contractor(s)/Bidder(s) the same information and will not provide to any
Contractor( s )/Bidder( s), confidential/additional information through which the
Contractor(s)/Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
c. The Principal will exclude from the process all known prejudiced persons .The Principal
shall obtain bids from only those parties who have been short-listed or pre qualified or
through a process of open advertisement/web publishing or any combination thereof.
(2) If the Principal obtains information on the conduct of any of its employees, Contractor(s)
and/or Bidder(s), which is a criminal offence under the IPC/PC Act, or if there be a substantive
suspicion in this regard, the Principal will inform the Chief Vigilance Officer and subject to its
discretion, can additionally initiate disciplinary actions.

(3) The Principal will enter in to agreements with identical conditions with all
Contractor(s)/Bidder(s) for the different Work Packages in the aforesaid Project.
( 4) The Principal will disqualify from the tender process all Contractor(s)/Bidder(s) in the range
of Rs.50 Crore and above, who do not sign this Pact or violate its provisions.

Page 94 of 98
 Section 2: Commitments of the Bidder(s)/Contractor(s)
(1) The Bidder(s)/Contractor(s) commit(s) itself/themselves to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm offer,
promise or give to any of the Principal's employees involved in the tender process or the
execution of the contract 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) will not enter with other Bidders in to any undisclosed
agreement or understanding, whether formal or in formal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.
(c) The Bidder(s)/Contractor(s) will not use improperly, for purpose of competition 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) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of
Indian Nationality shall furnish the name and address of the foreign principals, if any.
Further details as mentioned in the "Guidelines on Indian Agents of Foreign Suppliers"
shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in the
Guidelines all the payments made to the Indian agent/representative have to be in Indian
Rupees only. Copy of the "Guidelines on Indian Agents of Foreign Suppliers" is annexed
and marked as Annex-"A".
(e) The Bidder(s)/ Contractor(s) will, when submitting 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.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.

Section 3: Disqualification from tender process and/or exclusion from future contracts.
(1) If the Bidder(s)/ Contractor(s),before awarding the Project or during execution has
committed a transgression by violating Section2 above or in any other form so as to put his
reliability or credibility in question, the Principal, at its sole discretion, is entitled to
disqualify the Bidder(s)/Contractor(s) from the tender process or terminate the contract, if
already awarded, for that reason, without prejudice to any other legal rights or remedies
available to the Principal under the relevant clauses of GCC/SCC of the
tender/contract.
(2) If the Contractor(s)/Bidder(s) has committed a transgression through a violation of
any of the terms under Section2 above or in any other form such as to put his reliability or
credibility into question, the Principal will also been titled to exclude such
Contractor(s)/Bidder(s) from future tenders/contract award processes. The imposition and
duration of the exclusion will be determined by the Principal, keeping in view the severity of
the transgression. The severity will be determined by the circumstances of the case, in
particular, the number of transgressions and/or the amount of the damage.
(3) Ifitisobservedafterpaymentoffinalbillbutbeforetheexpiryofvalidity of Integrity Pact that the
contractor has committed a transgression, through a violation of any of the terms under
Section 2 above or any other term(s) of this Pact, during the execution of contract, the

Page 95 of 98
 Principal will be entitled to exclude the contractor from further tender/contract award
processes.
(4) The exclusion will be imposed for a minimum period of six (6) months and a maximum
period of three (3) years.
(5) If the Contractor(s)/Bidder(s) can prove that he has restored/recouped the
damage to the Principal caused by him and has installed a suitable corruption prevention
system, the Principal may, at its sole discretion, revoke or reduce the exclusion period before
the expiry of the period of such exclusion.

Section 4: Compensation for Damages

(1) If the Principal has disqualified the Bidder(s)/Contractor(s) from the tender process prior
to the awarding of the Project according to Section 3, the Earnest Money Deposit (BID
SECURITY)/ Bid Security furnished, if any, along with the offer, as per terms of the
Invitation of Tender, shall also be forfeited. The Bidder(s)/Contractor(s)understands and
agrees that this will be in addition to the disqualification and exclusion of the Contractor
(s)/Bidder(s) as may be imposed by the Principal, in terms of Section 3above.
(2) If, at any time after the awarding of the Project, the Principal has terminated the
contractaccordingtoSection3, or if the Principal is entitled to terminate the contract
according to Section3, the Security Deposit/Performance Bank Guarantee furnished
by the contractor, if any, as per the terms of the NIT/Contract shall be forfeited
without prejudice to any other legal rights and remedies available to the Principal under the
relevant clauses of General/ Special Conditions of Contract.
The Contractor(s)/Bidder(s) be in addition to the Bidder(s)/Contractor(s), as terms of Section3
above. Understands and agrees that this will disqualification and exclusion of the maybe
imposed by the Principal in

Section 5: Previous transgression

(1) The Bidder(s)/Contractor(s) here in declare that it has committed no transgressions in
the last 3 years with any other Company in any country conforming to the anticorruption
approach as detailed herein or with government/any other Public Sector Enterprise in
India that could justify its exclusion from the tender process.
(2) If at any point of time during the tender process or after the awarding of the Contract, it is
found that the Bidder(s)/Contractor(s) has made an incorrect statement on this subject,
he can be disqualified from the tender process or if, as the case maybe, that the Contract, is
already awarded, it will be terminated for such reason and the Bidder(s)/Contractor(s)
can be blacklisted in terms of Section 3above.

Section 6: Independent External Monitor/Monitors

(1) The Principal shall, in case where the Project Value is in excess of Rs.50 Crore and
above, appoint competent and credible Independent External Monitor(s) with
clearance from Central Vigilance Commission. The Monitor shall review
independently, the cases referred to it to assess whether and to what extent the parties
concerned comply with the obligati ons under this Integrity Pact.
(2) In case of non-compliance of the provisions of the Integrity Pact, the
complaint/non-compliance is to be lodged by the aggrieved party with the Nodal Officer
only, as shall be appointed by the MD, NHIDCL. The Nodal Officer shall refer the
complaint/non-compliance so received by him to the aforesaid Monitor.
(3) The Monitor will not be subject to any instructions by the representatives of the
parties and will perform its functions neutrally and independently. The Monitor shall
report to the Managing Director, NHIDCL .
Page 96 of 98
 (4) The Bidder(s)/Contractor(s) accepts that the Monitor shall have the right to access,
without restriction, all Project documentation of the Principal including that provided by
the Contractor. The Contractor will also grant the Monitor, upon his/her request and
demonstration of a valid interest, unrestricted and unconditional access to its project
documentation. The Monitor is under contractual obligation t o treat the information
and documents of the Bidder (s) /Contractor(s) with confidentiality.

(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 Contractor.
(6) As soon as the Monitor notes, or believes to note, a violation of this Pact, he will so
inform the Principal and request the Principal to discontinue and/or take corrective
action, or to take other relevant action (s). The Monitor can in this regard submit non-
binding recommendations. However, beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner and/or refrain from action and/or
tolerate action.
(7) The Monitor will submit a written report to the MD, NHIDCL within 4 to 6 weeks from
the date of reference or intimation to it and, should the occasion arise, submit proposals
for corrective actions for the violation or the breaches of the provisions of the
agreement noticed by the Monitor.
(8) If the Monitor has reported to the MD, NHIDCL, of a substantiated suspicion of an
offence under relevant IPC/PC Act, and the MD, NHIDCL, has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Chief
Vigilance Officer, NHIDCL / MD.
(9) The word 'Monitor' means Independent External Monitor and includes both singular
and plural forms.

Section 7: Criminal Contractor(s)/charges against violating Bidder(s) /Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder/Contractor or any employee
or a representative or an associate of a Bidder/Contractor, which constitutes a
criminal offence under the IPC/PC Act, or if the Principal has substantive suspicion in
this regard, the Principal will forth within form the same to the Chief Vigilance Officer,
NHIDCL/MD.

Section 8: Duration of the Integrity Pact

This Pact shall come into force when both parties have legally signed it. The Pact shall
expire, in case of the Contractor(s), 3(three) months after the last payment under the
Contract is made and in case of the unsuccessful Bidder(s), 2 (two) months after the
contract for the project has been awarded.
If any claims is made/lodged during this time, the same shall be binding and continue to
be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by MD of NHIDCL.
The Bidder(s)/Contractor(s), however, understands and agrees that even upon the
completion of the Project and/or the last payment under the Contract having been
made, if any transgression/violation of the terms of this Pact comes/is brought to the
notice of the Principal, it may, subject to its discretion, blacklist and/or exclude such
Bidder(s)/Contractor(s) as provided for in Section 3, without prejudice to any other legal
right or remedy so available to the Principal.

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Section 9: Other provisions
(1) This Agreement is subject to Indian Law. Place of perf ormance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor is a partnership or a consortium, this Agreement must be
signed by all partners or consortium members.
(4) Should one or several provisions of this Agreement turn out to be invalid, the
remainder of this Agreement shall remain valid and binding. In such a case, the parties
will strive to come to an Agreement in accordance to their original intentions.
(5) Wherever he or his as indicated in the above sections, the same may be read as he/she or
his/her, as the case maybe.

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

(Office Seal) (Office Seal)

Place- Place-

Date- Date-

Witness1:

(Name & Address)

Witness2:

(Name & Address)

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