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Vol. IVol. I

The notice provides details on 1) the section of highway proposed for maintenance work, 2) estimated project cost, 3) bid security and qualification criteria for bidders, 4) scope of work including 12 month routine maintenance, 5) dates for obtaining bid documents, bid submission deadline, and bid opening, and 6) contact information for any clarification needs. Bidders are required to meet minimum average annual turnover, past experience, and equipment criteria to qualify.

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0% found this document useful (0 votes)
90 views121 pages

Vol. IVol. I

The notice provides details on 1) the section of highway proposed for maintenance work, 2) estimated project cost, 3) bid security and qualification criteria for bidders, 4) scope of work including 12 month routine maintenance, 5) dates for obtaining bid documents, bid submission deadline, and bid opening, and 6) contact information for any clarification needs. Bidders are required to meet minimum average annual turnover, past experience, and equipment criteria to qualify.

Uploaded by

rps_78
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 121

Short Term Improvement & Routine Maintenance of Rampur-

Thariwan (Fatehpur) - Kokhraj Section (km. 100 to km 158) of


NH-2 in the State of Uttar Pradesh

VOLUME - I

National Highways Authority of India


(Ministry of Road, Transport & Highways)
Plot No. G-5 & 6, Sector – 10, Dwarka
New Delhi – 110 075

1
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. SCOPE OF WORK

SECTION VII TECHNICAL SPECIFICATIONS

SECTION VIII IMPLEMENTATION MANUAL AND


MAINTENANCE INTERVENTION LEVELS

2
(SECTION-I)
NOTICE INVITING TENDER

3
Notice Inviting Tender
(National Competitive Bidding)

The National Highways Authority of India (NHAI) hereby invites bids from experienced
firms/ organizations to bid for short-term improvement and routine maintenance
contracts for the following sections of the National Highways: -

Sl. Section NH- Length State Estimated


No No. (in km.) Cost (Rs.
. Lakhs)
1. Short Term Improvements & 2 58 Uttar 425
Routine Maintenance of Rampur Pradesh
– Thariwan (Fatehpur) to Kokhraj
Section (km. 100 to km. 158) of
NH-2 in the State of UP

Cost of Bid Documents (Non-Refundable) : Rs. 10,000/-

The preliminary requirements (detailed requirements are given in the Bid


Document) of bidding firm / contractor for above packages are mentioned as
under: -

Bid Security Average Work of similar nature Time for completion


(Rs. lakhs) Turn-over during last 7 years
during last 3 (Rs. lakhs)
years
(Rs. lakhs)
8.5 127.5 Single work of 340 12 months
OR
Two works of 213 Each
OR
Three works of 170 Each

The Scope of Work includes the Routine Maintenance of all the assets, facilities and
services created within R.O.W. on the above mentioned sections of National Highways
including maintenance of carriageway, shoulders, median etc., providing incident
management by way of road patrol and surveillance, value addition to the road by way
of providing crash barriers, median fencing, road signage and road marking etc.
wherever required, road property management, horticulture maintenance etc. for a
period of 12 months.

The complete Bid Documents may be obtained from the address for communication
given below from 04.12.2009 on any working day between 10.00 hrs and 1700 hrs. on
payment of non-refundable document fee in the form of Demand Draft favouring
“National Highways Authority of India” payable at New Delhi. If the document is
required by post/courier, an additional sum of Rs.500/- (for postage in India) should be
sent along with the Demand Draft. These documents can also be downloaded from
NHAI Web Site http://www.nhai.org. Applicants submitting the downloaded version
would need to pay the cost of documents along with the application in the above

4
manner. The amendments / clarifications to the bid documents if any will be hosted on
the above website.

The bids should be submitted in hard bound form with page numbering and
index. Any additional information shall also be furnished by the bidder in hard
bound form with proper indexing and page numbering. The details submitted in
other forms like spiral bound form, loose form etc would be rejected.

The last date for submission of the Bid Documents is 04.01.2010 upto 12.00 Hrs (IST).
The bids would be opened on 04.01.2010 at 15.00 hrs. in the presence of the
representatives of the bidders who choose to attend.

Pre bid meeting - Deleted

For any clarification, the office of the undersigned may be contacted.

General Manager (CM)


National Highways Authority of India
G 5 & 6, Sector –10, Dwarka
New Delhi – 110075
Tele: 011-25074100 Extn. 1104, 2111
Fax: 011-25074100 Extn. 2557

5
(SECTION-II)

INSTRUCTIONS TO BIDDERS
& APPENDIX TO BID

6
Section II: Instructions to Bidders
Table of Clauses

Clause A. General Clause D. Submission of Bids


1 Scope of Bid 19 Sealing and Marking of Bids
20 Deadline for Submission of
Bids
2 Source of Funds 21 Late Bids
3 Eligible Bidders 22 Modification & Withdrawal
of Bids
4 Qualification of the Bidder E. Bid Opening &
Evaluation
5 One Bid per Bidder 23 Bid Opening
6 Cost of Bidding 24 Process to be Confidential
7 Site Visit 25 Clarification of Bids and
Contracting the Employer
B. Bidding Documents 26 Examination of bids
and Determination of
Responsiveness
8 Content of Bidding 27 Correction of Errors
Documents
9 Clarification of Bidding 28 Evaluation and Comparison
Documents of Financial Bids
10 Amendment of Bidding 29 Price Preference
Documents
C. Preparation of Bids F. Award of Contract
11 Language of Bid 30 Award Criteria
12 Documents Comprising the 31 Employer's Right to Accept
Bid any Bid and to Reject any
or all Bids
13 Bid Prices 32 Notification of Award and
signing of agreement
14 Currencies of Bid and 33 Performance Security
Payment
15 Bid Validity 34 Advances
16 Earnest Money/ Bid 35 Corrupt or Fraudulent
Security/ Practices
Forfeiture/Debarment
17 Alternative Proposals by
Bidders
18 Format and Signing of Bid

7
Section 2
Instructions to Bidders (ITB)
A. General
1. Scope of Bid

1.1 The Employer (i.e. Chairman, National Highways Authority of India) 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 (Part I General Conditions of Contract).

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

2. Source of Funds

2.1 The expenditure on this project will be met by National Highways Authority of
India (NHAI).

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.

4. Qualification of the Bidder

4.1 Deleted

4.2 All bidders shall furnish the following information and documents with their bids in
Section-3, Qualification Information.
(a) copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the signatory of
the Bid to commit the Bidder;
(b) total monetary value of civil engineering construction works performed for each of
the last three years;
(c) experience certificate in works of a similar nature and size for each of the last seven
years with certificates from the concerned officer of the rank of Executive Engineer or
equivalent;
(d) evidence of availability (either owned or leased or rented) of items of construction
equipment named in Clause 4.4 B(b) (i).
(e) details of the technical personnel proposed to be employed for the Contract having
the qualifications defined in Clause 4.4 B(b) (ii) .

8
(f) reports on the financial standing of the Bidder, and a certificate from Chartered
Accountant as a proof of turnover for the last three years;
(g) Deleted
(h) Deleted
(i) Deleted
(j) 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) Deleted.

4.3 Bids from joint ventures 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 three years ending 31st March of the previous
financial year duly certified by Chartered Accountant.
(b) satisfactorily completed (not less than 90% of contract value), as a prime
contractor (or as a nominated subcontractor, provided further that all other
qualification criteria are satisfied) similar works during last seven years
ending last day of month previous to the one in which bids are invited,
either of the following:
i. three similar completed works costing not less than amount equal
to Rs 170 lakh each.
ii. two similar completed works costing not less than amount equal to
Rs 213 lakh each.
iii. one similar completed work costing not less than amount equals to
Rs.340 lakh.

(the similar work constitutes maintenance/construction of bituminous road work)


(Escalation factor as under shall be used to bring the value of such
completed works to the level of current financial year i.e.2009-10)
Escalation factor (for the cost of works completed during the last 7 years
& financial figures required for the calculation of bid capacity) may be
taken as follows:
Year Before Multiplying Factor
One ………………………………………1.1
Two ……………………………………....1.21
Three …………………………………….1.33
Four ……………………………………...1.46
Five ………………………………………1.61
Six ……………………………………….1.77
Seven ……………………………………1.95

9
(c) Deleted
(d) Deleted
(e) Deleted

4.4 B (a) Each bidder must produce:


(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:
(i) evidence of availability (either owned or leased or rented) of the key
equipments 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 Sub-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 three 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., 2009-
10) 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., 2009-10) of existing commitments and
on-going works to be completed during the next …..years (period of completion of the
works for which bid is invited)

10
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 NHAI 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 the work. A Bidder who submits more
than one Bid will cause such bids to be disqualified.

6. Cost of Bidding

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

7. Site Visit

7.1 The Bidder, at his own cost, responsibility and risk, is encouraged to visit,
examine and familiarise himself with the Site of Works and its 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 Project Director of concerned PIU/CMU of NHAI in this regard.

B. Bidding Documents

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda
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

11
Volume - II:-
9 Bill of Quantities

8.2 One set of the bidding documents will be issued to the bidder against the payment
of requisite amount as mentioned in NIT.

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 or by cable ("cable" includes facsimile) at the Employer's
address indicated in the Notice Inviting Tender. The Employer will respond to any
request for clarification received earlier than 10 days prior to the deadline for
submission of bids. Copies of the Employer’s response will be forwarded to all
purchasers of the bidding documents and hosted on NHAI web site or which are
required in the opinion of the Employer including a description of the enquiry, but
without identifying its source.

9.2.1 If a pre-bid meeting is to be held, the bidder or his official representative will be
invited to attend it. Its date, time and address are given in the NIT, if it is to be held..

9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.

9.2.3 The bidder is requested to submit any questions in writing or by cable so as to


reach the Employer not later than one week before the meeting.

9.2.4 Minutes of the meeting, including the text of the questions raised (without
identifying the source of the enquiry) and the responses given will be transmitted
without delay to all purchasers of the bidding documents. Any modifications of the bid
documents listed in Clause 8.1, which may become necessary as a result of the pre-bid
meeting or which are required in the opinion of the Employer shall be made by the
Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not
through the minutes of the pre-bid meeting.

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

12
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
communicated in writing by registered post or by cable to all purchasers of the bidding
document and hosted on web site of
NHAI. Prospective bidders shall acknowledge receipt of each addendum by cable to the
Employer. The Employer will assume no responsibility for postal delays.

10.3 To give prospective bidders reasonable time to take an addendum into account
in preparing their bids, the Employer shall extend, as necessary, the deadline for
submission of bids, in accordance with Clause 20.2.
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 Bid submitted by the Bidder shall be in two separate parts:
Part I This shall be named Technical Bid and shall comprise of:
I For bidding documents downloaded from the website, the demand draft
towards the cost of the bidding documents must be placed in a separate
cover, marked " cost of bidding document downloaded from the internet."
and such demand draft for the cost of bid document must be
prepared on or before the last date of sale of bid document as
mentioned in NIT.
II Earnest Money in a separate cover marked ‘Earnest Money’;
III Qualification information, supporting documents, affidavit and
undertakings as specified in Clause 4;
IV Undertaking that the bid shall remain valid for the period specified in
clause 15.1;
V. Any other information/documents required to be completed and submitted
by bidders, as specified in the Appendix to ITB, and
VI An affidavit affirming that information furnished by the bidder in the bidding
document is correct to the best of his knowledge and belief.
VII Deleted

Part II. It shall be named Financial Bid and shall comprise of:
(i) Priced bill of quantities.

13
12. 2 Each part shall be separately sealed and marked in accordance with Sealing and
Marking instructions in clause 19.

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. Scope of work
6. Technical Specifications
7. Implementation Manual and Maintenance Intervention Level

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 rates and prices (both in figures and words) for all items of
the Works described in the Bill of Quantities along with the total bid price (both in figures
and words). The items for which no rate or price is entered by the Bidder will not be paid
for by the Employer when executed and shall be deemed covered by the other rates
and prices in the Bill of Quantities. Corrections, if any, shall be made by crossing out,
initialling, dating and rewriting.

13.3 All duties, taxes (except service tax), 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 service tax shall be reimbursed
(if applicable) subject to production of proof of such payment by the contractor specific
to the subject work.

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.

14
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

16.1 The Bidder shall furnish, as part of the Bid, Earnest Money/Bid Security, in the
amount as specified in the NIT. (Bank guarantee/ demand draft must be in favour of
National Highways authority of India, New Delhi)

16.2 The Earnest Money shall, at the Bidder’s option, be in the form of Bank
Guarantee/Demand Draft 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 must
be in the name of 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.

A. Bank Guarantee or Demand Draft receipts, in the name of the Employer, from
following banks would be accepted:-
i. State Bank of India or its subsidiaries,
ii. Any Indian Nationalised 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 Nationalised 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.
15
16.3 Any bid not accompanied by an acceptable Earnest Money, shall be rejected by
the Employer as non-responsive.

16.4 The Earnest Money of unsuccessful bidders will be returned within 28 days of the
end of the Bid validity period specified in Sub-Clause 15.1.

16.5 The Earnest Money 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:

a) if the Bidder withdraws the Bid after its submission during the period of Bid
validity;
b) if the Bidder does not accept the correction of the bid price, pursuant to Clause
27; or
c) in the case of a successful Bidder, if the Bidder fails within the specified time limit
to
i. sign the Agreement; and/or
ii. furnish the required Performance Security.

.
16.7 In case of forfeiture of bid security, the bidder shall also be debarred from
participation in NHAI works for a period as decided by NHAI or minimum of 1
year whichever is higher.

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 one set of the bid comprising of the documents as
described in Clause 12 of these instruction to bidders, hard bound as specified in this
section with the volume containing technical bid and financial bid in separate parts and
clearly marked so.

18.2 The Bid shall be typed or written in ink and shall be signed by a person or
persons duly authorized to sign on behalf of the Bidder. All pages of the Bid shall be
signed by the person or persons signing the Bid. The scanned signatures are not
acceptable. It will make the bid non-responsive.
18.3 The Bid 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.

16
D. Submission of Bids

19. Sealing and Marking of Bids


19.1 The Bidder shall place the two separate envelopes (called inner envelopes)
marked “Technical Bid” and “Financial Bid” in one outer envelope. The inner envelopes
will have markings as follows:
Technical Bid: To be opened as specified in clause 23.1.
Financial Bid: Not to be opened except with the approval of the Employer.
The contents of the Technical and Financial Bids shall be as specified in clause
12.1.
19.2 The inner and outer envelopes containing the Technical and Financial Bids shall
a) be addressed to the Employer at the address provided in the Appendix to ITB;
b) bear the name and identification number of the Contract as defined in clause 1.1;
and
c) provide a warning not to open before the specified time and date for Bid opening
as defined in clause 23.1.

19.3 In addition to the identification required in Sub-Clause 19.2, each of the


envelopes shall indicate the name and address of the Bidder to enable the Bid
to be returned unopened in case it is declared late, pursuant to Clause 21, or
is declared non-responsive pursuant to Clause 23.
19.4 If the outer envelop is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or pre-mature opening of the
bid.
19.5 The bids should be submitted in hard bound form with page numbering
and index. Any additional information shall also be furnished by the
bidder in hard bound form with proper indexing and page numbering.
The details submitted in other forms like spiral bound form, loose form
etc would be rejected.

20. Deadline for Submission of Bids

20.1 Complete Bids (including Technical and Financial) must be received by the
Employer at the address General Manager (CM), National Highways Authority of
India, G 5&6, Sector- 10, Dwarka, New Delhi- 110075 not later than the date and time
indicated 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 received up to the specified time on
the next working day.

20.2 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.

17
21. Late Bids

21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will
be returned unopened to the Bidder.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their bids by giving notice in writing before the
deadline prescribed in Clause 20.
22.2 Each Bidder's modification or withdrawal notice shall be prepared, sealed,
marked, and delivered in accordance with Clause 18 & 19, with the outer and
inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL", as
appropriate.
The envelopes for modifications on 'Technical Bid' and 'Financial Bid' shall be
submitted in separate sealed envelopes and marked as 'Modifications of
Technical Bid' or 'Modifications of Financial Bid', as the case may be.
22.3 No bid may be modified after the deadline for 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 only offer discounts to, or otherwise modify the prices of their Bids
by submitting Bid modifications in accordance with this clause, either included in
the original Bid submission or received in a separate sealed envelope before the
deadline for submission of bids.

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 the . 'Financial Bid' of those bidders whose technical bid has been determined to be
substantially responsible shall be opened on a subsequent date, which will be notified to
such bidders.

23.1 The Employer will open the envelope marked the "Technical Bid" of all the bids
received (except those received late), including modifications of Technical Bid made
pursuant to Clause 22 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 Envelopes marked 'withdrawal' shall be opened and read. Bids for which
acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall
not be opened.
23.1.2 Bidder's names, withdrawals, 'modification of technical bid', the presence of bid
security and such other details, as the Employer may consider appropriate will be
announced by the Employer .

18
23.2 In all other cases, the amount of Earnest Money, forms and validity shall be
announced. Thereafter, the Employer at the opening as the Employer may consider
appropriate, will announce the bidders' names and such other details.

23.3 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Clause 23.1.

23.4 (i) The bids accompanied with valid bid security will be taken up for
evaluation with respect to the Qualification Information and other
information furnished in Part I of the bid pursuant to Clause 12.1.
(ii) Deleted
(iii) Deleted
(iv) 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 remaining bids will be returned
unopened to the bidders. The responsive bidders’ names, the Bid prices, the total
amount of each bid, any discount/rebate, modification of financial bids 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.

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 except as required to confirm the correction of arithmetic errors discovered by
the Employer in the evaluation of the Bids in accordance with Clause 27.

19
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. If
the Bidder wishes to bring additional information to the notice of the Employer, it should
do so in writing.

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; (b) has
been properly signed; (c) is accompanied by the required securities; and (d) 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 and drawings.

26.2 A substantially responsive “Financial Bid” is one, which conforms to all the terms,
conditions, and specifications of the bidding documents, without material deviation or
reservation. A material deviation or reservation is one (a) which affects in any
substantial way the scope, quality, or performance of the Works; (b) which limits in any
substantial way, inconsistent with the bidding documents, the Employer’s rights or the
Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly
the competitive position of other bidders presenting substantially responsive bids.

26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the


Employer, and may not subsequently be made responsive by correction or withdrawal
of the nonconforming deviation or reservation.

27. Correction of Errors

27.1 Financial Bids determined to be substantially responsive will be checked by the


Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:
a) where there is a discrepancy between the rates in figures and in words, the rate
in words will govern; and
b) where there is a discrepancy between the unit rate and the line item total
resulting from multiplying the unit rate by the quantity, the unit rate as quoted will
govern.

27.2 The amount stated in the Financial Bid will be corrected by the Employer in
accordance with the above procedure for the correction of errors and shall be
considered as binding upon the Bidder. If the Bidder does not accept the corrected
amount, the Bid will be rejected, and the Bid Security shall be forfeited in accordance
with Sub-Clause 16.6

20
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 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid
price by adjusting the Bid price after making any correction for errors pursuant to Clause
27;

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 may be obtained at the expense of the
successful Bidder to a level sufficient to protect the Employer against financial
loss in the event of default of the successful Bidder under the Contract. The
amount of the additional increased performance security as decided by the
Employer shall be final, binding and conclusive on the bidder.
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 Deleted

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:
i. to be substantially responsive to the bidding documents and who has offered the
lowest evaluated Bid price.
ii. Deleted.
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.

21
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, and of routine maintenance of roads by the
Contractor as prescribed by the Contract (hereinafter and in the Contract called the
“Contract Price”).

32.2. The notification of award will constitute the formation of the Contract, subject only
to the furnishing of a performance security in accordance with the provisions of Clause
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 Ten percent of the
Contract Price, valid for the period of 28 days after the expiry of defect liability period of
6 months plus additional security for unbalanced Bids in accordance with Clause 28.3 of
ITB and sign the contract. The validity shall account for additional 3 months time to
account for BG verification, signing of contract and start date.

33.2 The performance security shall be either in the form of a Bank Guarantee or fixed
deposit Receipts, in the name of the Employer, from a Bank as specified in case of
earnest money / bid security.

33.3 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
34.1 The Employer will provide Mobilization Advance as provided in Part I
General Conditions of Contract.
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 bid for any work with National Highways Authority of India, if it
at any time determines that the firm has engaged in corrupt or fraudulent practices in
competing for the contract, or in its 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.

22
Appendix to bid

(4.4. B) (b)(i) The key equipments to be deployed on contract work.

Name of the Equipment Quantity

Hot Mix Plant (40 ton per Hr) 1


Paver finisher 1
Tandem (Vibratory) Roller 8 ton 1
Static Roller (10 ton) 1

Bitumen / Emulsion Sprayer 1

Mechanical Hydraulic Broomer (1250 sqm per hour) 2

Note: The bidder must produce the documentary evidence in


support of his owning/leased/ rented of the above equipments.

4.4 B (b) (ii) The Number of Technical Personnel, Qualifications and


Experience will be as follows:

Particular
Sl. Minimum
Experience
Personnel Qualification No. of Persons
No. (minimum
and Experience
requirement)
1. Project Manager B.E. (Civil) + 10 5 years as Project 1
Years Exp. Manager on Major
Highway, bridge
construction/
Maintenance works
2. Site Engineer Dip. Civil + 10 3 years on highway 1
cum Quantity years Exp. Or construction
Surveyor cum B.E. (civil) + 5 /Maintenance
Material Engineer yrs. Exp. works
3. Incident cum Road Graduate in Law 5 years on highway 1
Property Manager + 10 years exp. property
cum Route management &
Operation maintenance
Manager

Note : The detailed and signed CV’s of the Key Technical Personnel at S. No. 1 must be
furnished along with the bid.

23
SECTION III

QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for
purposes of post qualification as provided for in Clause 4 of the Instructions to Bidders.
This information will not be incorporated in the Contract.

24
Qualification Information

1. For Individual Bidders

1.1. Constitution or legal status of Bidder


[Attach copy]

Place of registration:
____________________________

Principal place of business:


____________________________

Power of attorney of signatory of Bid [Attach]

1.2. Total value of Civil Engineering construction


work performed in the last three years (in Rs. Lakhs)
refer ITB Clause 4.4 A (a)
(attach certificate from Chartered Accountant)

2006-2007--------------
2007-2008-------------
2008-2009-------------

25
1.3 (a) Work performed as prime contractor, work performed in the past as a nominated
sub- contractor will also be considered , provided further that all other qualification
criteria are satisfied (in the same name) of a similar nature during the last seven
years to qualify as per ITB Clause 4.4A(b).

Project Name of Description Contract Value of Date Stipulated Actual date Remarks
Name the of work No. Contract of period of of explaining
Employer* (Rs. issue completion completion* reasons
Crore) of for delay &
work work
order Completed

* Attach certificate(s) from the Employer (to be given by an officer at the rank of
Executive Engineer or equivalent)

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.

26
1.3 (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).

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

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

* Attach certificate (s) from the Engineer(s)-in-Charge of the rank of Executive Engineer
or equivalent

27
(ii) Details of works for which bid submitted and accepted (i.e. where contract
signing is pending)

Description Place Name & Date of Value Stipulated Value of


of works & Address issue of given period for work
State of Letter of in LOA completion during
Employer Acceptance completion
(LOA) * period of
work for
which bids
are invited
1 2 3 4 5 6 7

* Attach copy of LOA

28
(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

29
1.4. 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.

Item of Requirement Availability Proposals Page No of


Equipment No. Capacity Owned/Leased Nos./Capacity Age/Condition the proof
rented attached.
Hot Mix 1 40 ton per/
Plant hr.

Paver 1
Finisher

Tendem 1 8 ton
Vibratory
roller

Mechanical 2 1250 sqm


Hydraulic per/hr
broomer

Evidence of the availability of the equipment must be furnished.

30
1.5 Qualification and Experience of Key Personnel required for administration and
execution of the Contract [Ref. Clause 4.4 (B) (b) (ii)]. Attach 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).

Position Name Qualification Total Professional Experience in the


Experience proposed position
(Years) (Years)
Project
Manager

Etc.

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

Other Party Employer Cause of Dispute Amount involved Remarks showing


(ies) Present Status

31
2. Bidders should provide the following affidavits/ undertakings as per formats
enclosed hereinafter: -

(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.

32
AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements made in the enclosed
attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm


M/s_________________________________________________ have
abandoned any work on National Highways in India nor any contract awarded to
us for such works have been rescinded, during last five years prior to the date of
this bid.

3. The undersigned hereby authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by
NHAI 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
NHAI and within the prescribed time..

_____________________________________
(Signed by an Authorised Representative of the Firm)

_____________________
Name of the Representative

______________________________
Name of Firm

______________________
DATE

33
UNDERTAKING

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


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

_____________________________________
(Signed by an Authorised Representative of the Firm)

_____________________
Name of the Representative

__________________________
Name of Firm

______________________
DATE

34
UNDERTAKING

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


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

____________________________________
(Signed by an Authorised Representative of the Firm)

_______________
Name of the Representative

__________________
Name of Firm

__________________
DATE

35
(SECTION-IV)

FORMS OF
BANK GUARANTEES
LOA & AGREEMENT

36
FORM OF BANK GUARANTEE FOR BID SECURITY

WHEREAS __________________________________________________ (Name of


Tenderer) (hereinafter called the Tenderer) wishes to submit his tender for maintenance
work of NH- ______ (from Km. ______ to km. ______) in the state/s of
____________________ herein after called “the Tender” KNOW ALL MEN by these
present that we _______________________ (Name of Bank) of
______________________ (Name of country) having our registered office at (
___________________________ ) (hereinafter called the ‘Bank’) are bound unto the
National Highways Authority of India (hereinafter called “the Employer”) in the sum of
the Rs. __________________ (Rupees _________________________________) *for
which payment can truly be made to the said Employer. The Bank bind themselves, their
successors and assigns by these present with the common seal of the Bank this day
__________ of ________ and undertake to pay the amount of ______________ Rs.
____________ to the employer upon receipt of his first written demand without the
employer having to substantiate his demand.
The conditions of this obligation are:
(i) If the tenderer withdraws his tender during the period of Tender validity specified in
the Form of Tender.
Or
(ii) If the Tenderer having been notified of the acceptance of his Tender by the Employer
during the period of tender validity.
(a) fails or refuses to execute the Form of Agreement in accordance with the instructions
to bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instruction to Bidders.
We undertake to pay to the Employer upto the above amount upon receipt of his first
written demand, without the employer having to substantiate his demand, provided that
in his demand the Employer will note that the amount claimed by him is due to him
owing to the occurrence of any one of the above conditions, specifying the occurred
condition or conditions.
This guarantee will remain in force upto and including the date 45 days beyond the
validity of the bid as stated in the Instructions to Bidders or as it may be extended by the
Employer, at any time prior to the closing date for submission of the Tenders Notice of
which extension to the Bank is hereby waived. Any demand in respect of this guarantee
should be made on the Bank on or before the date of expiry of this guarantee.

37
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.

SIGNATURE OF AUTHORISED REPRESENTATIVE OF THE BANK _________


NAME AND DESIGNATION ______________________ EMPLOYEE CODE NUMBER
SEAL OF THE BANK _____________________________________________
SIGNATURE OF THE WITNESS (IF THIS IS TO BE WITNESSED AS PER BANK’S
POLICY) ___________________________________
NAME OF THE WITNESS ______________________________________
ADDRESS OF THE WITNESS ____________________________________

38
FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

To

National Highways Authority of India


G5 & 6, Sector – 10
Dwarka
New Delhi – 110075

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 until 28 days from the date of expiry of the Defects Liability Period.

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.

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…………………………..

39
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.

40
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
NHAIfor 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 NHAI

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,

(………………..)
General Manager (CM)

41
FORM OF AGREEMENT
AGREEMENT

This agreement made the ______________day of ____________________


2009_____________________ between the National Highways Authority of India, New Delhi
(hereinafter called “the Employer” of the one part and _________________ (here in after called
“the Contractor”) of the other part.

AND WHEREAS the Employer invited bids from eligible bidders for the execution of certain
works, viz………………………………………………

AND WHEREAS pursuant to the bid submitted by the Contractor, vide ____________ (here in
after referred to as the “BID” or “ÖFFER”) for the execution of works, the Employer by his letter
of acceptance dated ___________ accepted the offer submitted by the Contractor for the
execution and completion of such works and 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 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 words and expressions shall have the same meaning as are
respectively assigned to them in the conditions of contract hereinafter referred to;
2. the following documents shall be deemed to form and be read and construed as part of
this agreement viz.

(a) Agreement,
(b) Letter of Acceptance
(c) Contractor's Bid,
(d) Contract Data,
(e) Conditions of Contract
(f) Technical Specifications,
(g) Drawings, if any
(h) Implementation Manual and Maintenance Intervention Level
(i) Scope of Work
(j) Bill of Quantities, and
(k) Any other document listed in the Contract Data.

3. The foregoing documents shall be construed as complementary and mutually


explanatory one with another. Should any ambiguity or discrepancy be noted then the
order of precedence of these documents shall be subject to the order as listed above
and interpreted in the above order of priority.

42
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 respects with
the provisions of the contract.

5. the employer hereby covenants to pay the contractor in consideration of the execution
and completion of the works and remedying of defects therein, the contract price or such
other sum as may become payable under the provisions of the contract at the times and
in the manner prescribed by the contract.

IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the
day and year above written. Signed, sealed and delivered by the said Employer through his
Authorized Representative and the said Contractor through his Power of Attorney holder.

Binding Signature of Employer ___________________________________

For and on behalf of National Highways Authority of India, New Delhi – 110 075

Binding Signature of Contractor __________________________________


For and on behalf of M/s. _________________________________________

In the presence of In the Presence of


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

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

43
(SECTION-V)

CONDITIONS OF CONTRACT
AND CONTRACT DATA

44
Table of Clauses

A. General 33. Correction of Defects


1. Definitions 34. Uncorrected Defects
2. Interpretation D. Cost Control
3. Language and Law 35. Bill of Quantities
4. Engineer's Decisions 36. Variations
5. Delegation 37. Payments for Variations
6. Communications 38. Cash Flow Forecasts
7. Subcontracting 39. Payment Certificates
8. Other Contractors 40. Payments
9. Personnel 41. Compensation Events
10. Employer's and Contractor's 42. Taxes and currencies for
Risks payment
11. Employer's Risks 43. Price adjustment - Deleted
12. Contractor's Risks 44. Security Deposit/ Retention
13. Insurance Money
14. Site Investigation Reports 45. Liquidated Damages
15. Queries about the Contract 46. Advance Payment
Data 47. Securities
16. Contractor to Construct the 48. Cost of Repairs
Works & do maintenance E. Finishing the Contract
17. The Works to Be Completed by 49. Completion
the Intended Completion Date 50. Taking Over
18. Approval by the Engineer 51. Final Account
19. Safety 52. Operating and Maintenance
20. Discoveries Manual
21. Possession of the Site 53. Termination
22. Access to the Site 54. Payment upon
23. Instructions Termination
24. Deleted 55. Property
25. Arbitration 56 Release from Performance
26. Deleted F. Other Conditions of Contract
B. Time Control 57. Labour
27. Programme 58. Compliance with Labour
28. Extension of the Intended Regulations
Completion Date 59. Drawings and Photographs of
29. Delays Ordered by the Engineer the Works
30. Management Meetings 60. The Apprenticeship Act, 1961
C. Quality Control
31. Identifying Defects
32. Tests

45
Section V
Conditions of Contract

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 six 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.

46
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 NHAI, 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.

47
2. Interpretation

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

2.2 If 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 and Maintenance Intervention Level
(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.

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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:

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.

49
8.2 The Contractor should take up the works in convenient reaches as decided by
the Engineer to ensure there is least hindrance to the smooth flow of traffic including
movement of vehicles and equipment of other Contractors till the completion of the
Works.

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.

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:

50
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.

15. Queries about the Contract Data

15.1 The CGM (CM) 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.

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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:
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

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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):

53
S.No. Particulars of fee and other Schedule Amount payable per
charges Arbitrator/ per case
1. Arbitrator fee Rs.8,000/- per day subject to a
maximum of Rs.2.0 lacs per case; or
Rs.1.5 lacs (lump sum) subject to
publishing the Award within 12
months. 12 months will be reckoned
from the date of first meeting.
2. Reading Charges Rs.10,000/-
3. Secretarial Assistance and Rs.15,000/-
Incidental Charges (telephone, fax,
postage etc.)
4. Charges for Publishing/ declaration Maximum of Rs.15,000/-
of the Award
5. Other expenses (As per actuals against bills subject to maximum of the
prescribed ceiling given below)
Traveling Expenses Economy class by air, first class AC
by train, AC car by road
Lodging and Boarding (i) Up to Rs.10,000/- per day (metro
cities)
(ii) Up to Rs.5,000/- per day (other
cities)
(iii) Rs.2,000/- per day (own
arrangement)
6. Local Travel Rs.1,000/- per day
7. Extra charges for days other than Rs.2,500/- per day
hearing / meeting days (maximum
for 2 days)
Note:- 1. Lodging, boarding and traveling expenses shall be allowed only for those
members who are residing 100 kms. away from place of meeting
2. 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.

54
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.

28. Extension of the Intended Completion Date

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

55
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.

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 It is the terms of contract that Short Term Improvement and Maintenance of road
shall be of very high standard, requiring no major repairs for at least six (6) months after
the date of completion of works.

33.2 If any defects including shrinkage, cracks, 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 six 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.

56
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.
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

The proposed section of National Highway in the contract is proposed to be six laned in
the future hence, the contractor shall not claim anything from NHAI on account of earlier
termination of the contract i.e. before the expiry of the scheduled contract period on
account of award of work for six laning or OMT of the Highway.

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 NHAI / as per NHAI
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
Programmes 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 If the rates for Variation are not specified in the Bill of Quantities, 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 NHAI will be taken. As far as possible, the rate analysis

57
shall be based on the standard data book and the current schedule of rates of the
district public works division. The decision of the Employer on the rate so determined
shall be final and binding on the Contractor.

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 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 28 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.

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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 (except service tax) 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. The service tax shall be reimbursed (if applicable)
subject to production of proof of such payment by the contractor (proof should contain name of
work).

42.2 All payments will be made in Indian Rupees.

43. Price Adjustment- Deleted

44. Security Deposit / Retention Money

44.1 The Employer shall retain security deposit of five percent of the amount from each
payment due to the Contractor until Completion of the whole of the Works.

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.

59
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


46.1 The Employer will make an interest bearing advance payment to the Contractor against
provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank
acceptable to the Employer in amounts equal to the advance payment up to 10% of Contract
Value. The guarantee shall remain effective until the advance payment has been repaid, but the
amount of the guarantee shall be progressively reduced by the amounts repaid by the
Contractor. The contractor shall take the above advance before 2nd running bill and if the
contractor delays seeking the advance, the same is not payable.

46.2 The Contractor is to use the advance payment only to pay for Equipment, plant and
Mobilization expenses required specifically for execution of the Works. The Contractor shall
demonstrate the advance payment has been used in this way by supplying copies of invoices or
other documents to the Engineer.

46.3 The advance payment shall be repaid with interest @ SBI PLR applicable on the date of
release of mobilisation advance by deducting from payments otherwise due to the Contractor.
The mobilisation advance will be recovered from third running bill upto 8th running bill
in six equal instalments and the interest will be recovered from ninth bill. In any
case, the mobilisation advance with interest must be recovered within ten months
from the date of agreement. No account shall be taken of the advance
payment or its repayment in assessing valuations of work done, Variations, price
adjustments, Compensation Events, or Liquidated damages.

47. Securities

47.1 Subject to further condition in contract data, the Performance Security equal to
ten 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 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

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

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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 If "as built" Drawings and/or operating and maintenance manuals are required,
the Contractor shall supply them within 28 days from date of issue of certificate of
completion.

52.2 If the Contractor does not supply the Drawings and/or manuals by the stipulated
date or they do not receive the Engineer's approval, the Engineer shall withhold the
amount equal to Rs. 5 lakhs from payments due to the Contractor.

53. Termination

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

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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 judgement 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 practise” means offering, giving, receiving, or soliciting of
any thing 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.
h) 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;
i) if the Contractor fails to set up a field laboratory with the prescribed equipment,
within the period specified; and
j) 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 6 laning or OMT work stated in Cl 35.3.3,
the Engineer 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.

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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 expanses 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 thereunder,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may be
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 thereunder, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary to cause
or observe, or for non-observance of the provisions stipulated in the notifications/bye
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

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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


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. Construction of buildings, roads, runways
are scheduled employment.

g) Payment of Wages Act 1936: - It lays down as to by what date the wages
are to be paid, when it will be paid and what deductions can be made from the
wages of 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.

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i) Payment of Bonus Act 1965: - The Act is applicable to all establishments
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 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.

65
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 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 Act
1961 (III of 1961), the rules made thereunder 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.

66
Contract Data
Clause Reference

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

1.1

1. The Employer is [Cl.1.1]


Chairman, NHAI
Address: G-5 & 6, Sector-10, Dwarka, New Delhi
Name of authorized Representative : (Will be intimated later)
2. The Engineer is: (Will be intimated later)

Designation:

Address: [Cl.1.1]

3. The Intended Completion Date for the whole of the Works is 12 [Cl.1.1, 17&28]

months from start date.

4. The Site is located at Rampur – Thariwan (Fatehpur) to Kokhraj Section (km. 100 to km.

158) of NH-2 in the State of UP [Cl.1.1]

5. The Start Date shall be within 15 days after the date of issue of the Notice to [Cl.1.1]

proceed with the work.

6. (a) The name and identification number of the Contract


is :
[Cl.1.1]
“Short Term Improvement & Routine Maintenance of Rampur – Thariwan (Fatehpur) to
Kokhraj Section (km. 100 to km. 158) of NH-2 in the State of UP”.

(b) The Works consist of “Road property management, Incident Management,

Engineering improvement, Road Maintenance under short term improvement and

maintenance of NH – 2 [Cl.1.1]

3.1 (a) The law which applies to the Contract is the law of Union of India. [Cl.3.1]

(b) The language of the Contract documents is English [Cl.3.1]

7.1 The limit of subcontracting is 50% of initial contract price [Cl.7.1]

8.1 Schedule of Other Contractor – NIL [Cl 8.1]

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9.1 . The Technical Personnel are: [Cl.9.1]

Particular
Sl. Minimum
Experience
Personnel Qualification No. of Persons
No. (minimum
and Experience
requirement)
1. Project Manager B.E. (Civil) + 10 5 years as Project 1
Years Exp. Manager on Major
High-way, bridge
construction/
Maintenance works
2. Site Engineer Dip. Civil + 10 3 years on highway 1
cum Quantity years Exp. Or construction
Surveyor cum B.E. (civil) + 5 /Maintenance
Material Engineer yrs. Exp. works
3. Incident cum Graduate in Law 5 years on highway 1
Road Property + 10 years exp. property
Manager cum management &
Route Operation maintenance
Manager

Note : The detailed and signed CV’s for the Key Technical Personnel at Sr. No. 1
must be furnished along with the bid.

13.1. Amount for 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.

14.1 Site Investigation Report – NIL [Cl 14.1]

27.1. (A) The period for submission of the programme for approval of Engineer [Cl.27.1]
shall be 30 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

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27.3 Amount to be withheld for delays in submission of updated programme : 1% of value of
work corresponding to the updated programme.

32 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

45.1 (a) Amount of liquidated damages for For identified Indented work
delay in completion of works 0.1 percent of the
Indented value, rounded
off to the nearest
thousand, per day with
the minimum of
Rs. 1000/- per day

(b) Maximum limit of liquidated damages for 10 per cent of the Initial
delay in completion of work. Contract Price rounded
off to the nearest
thousand

[Cl.45.1]

47.1. The standard form of Performance Security acceptable to the Employer


Shall be an unconditional Bank Guarantee of the type as presented in
the Bidding Documents. [Cl. 47.1]

53.2 (j) Other fundamental breach is that the contractor has failed to complete 75% of value
of indented work in any 3 indents issued by the Engineer.
[Cl 53.2 (j)]

54.1. The percentage to apply to the value of work not completed representing the Employer's
additional cost for completing the work shall be 20%. [Cl.54.1]

69
(SECTION-VI)
SCOPE OF WORK

70
SCOPE OF WORK

6.1 General

• Road maintenance – this includes emergency; routine, periodic (if required) and disaster
maintenance. Broadly routine maintenance will include maintenance of shoulders and
slopes, side drains, CD works, carriageway and crust.

• Road property management – Identification of encroachments and ribbon development,


enforcement of regulations, Liaisoning with the relevant authorities for above and
maintenance of road signs and road furnitures

• Incident management - road patrols and surveillance, first aid, basic automobile
assistance, tow away cranes, wireless/mobile facility and road safety works.

• Engineering Improvements –Pavement Overlay, renewal of pavement marking, Repairing/


Providing Crash Barriers, management of access, provision of new sign boards, cats eyes,
etc.

• Inspections

6.2 Road Maintenance

The Contractor shall be required to perform all routine road maintenance activities along the
project roads.

The Contractor shall be required to submit Maintenance Report for each component of the
works.

The Contractor shall be required to utilise mechanised equipment and methods to perform these
obligations.

All maintenance activities shall be carried out in accordance with relevant specifications and
IRC codes prescribed in the contract. The requisite quality control tests as per specifications
and codes are to be carried out by the Contractor at his cost as per directions of the Engineer.

Routine road maintenance means planned works and activities required to ensure public safety,
repair small defects and to maintain the road in the required condition. Ad hoc maintenance
means carrying out of unscheduled maintenance occasioned by irregular events such as
accidents, natural calamities, abnormal weather conditions and the like.

The routine and ad hoc Road Maintenance shall include, amongst others, activities such as:
• Repairing Local Potholes
• Crack Sealing
• Asphalt Treatment
• Road Sign Maintenance
• Road Markings
• Guard Rail and supplementary road furniture repairs
• Maintenance of Rigid Pavements
• Repair of Fences
• Repairs of Accident Damaged Assets
• Maintenance of Culverts, Drains and Channels

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• Clearing of Litter and Debris
• Periodic Maintenance of Flexible Pavement

6.2.1 Horticultural Maintenance

The contractor shall maintain all existing trees, plants, shrubs and other suitable
vegetation in the median and right of way strictly according to the desired density and
ensure the conservation of all trees, shrubs and similar vegetation, in the median and
within the right of way by promptly replacing the casualties . The Contractor shall also
take adequate and appropriate measures, during the various seasons, to ensure the
survival of the vegetation.

6.3 Road property management

The Contractor shall ensure the maximum availability and efficient utilisation of the
assets for the NHAI. This shall also include the protection of the right of way from
encroachments and other unauthorised activities.

For this purpose, the Contractor shall draw up a comprehensive asset register detailing
the condition of the entire existing road and building assets. This asset register shall be
maintained and continually updated after any additions to the infrastructure and after
each of the required inspections.
Any damage or loss to asset of highway like signages, delineators, boards etc. by
way of theft or due to negligence of the Contractor, it shall be fully recoverable
from the Contractor.

6.3.1 Un-authorised Encroachments


The strict enforcement of the requirements of the NHAI shall be a significant obligation
under the Contract. The NHAI shall define the Right of Way and their requirements with
respect to un-authorised accesses, encroachments and the like.

The Contractor shall be required to detect report, use it’s best endeavors and remove all
un-authorised encroachments within the right of way as soon as possible. The
Contractor shall be required to record all such encroachments and seek any assistance
from Police, local authorities and the NHAI as it deems fit, in order to ensure that all such
encroachments are removed.

At the commencement of the Contract, the Contractor shall be required to determine all
encroachments and un-authorised accesses to the highway, existing at time being
granted access to site. The Contractor shall list out the encroachments with a
description, location and extent of each encroachment, draw up a method statement and
programme for the removal of the unauthorized accesses or encroachments for approval
by the NHAI. All existing encroachments shall be removed, and un-authorised accesses
closed within 3 months of the Contractor being granted access to site.

6.4 Incident Management

The Contractor shall set up and maintain an Incident Management System (IMS) and
supply regular incident statistics to NHAI.

Incident Management entails a set of co-ordinated activities initiated by the Contractor


when an incident (an extraordinary event resulting in the reduction of road capacity or
creates a hazard for users) occurs, in order to minimise the effects of the incident and

72
restore normal capacity and safety levels to all affected road facilities as efficiently as
possible.

The Contractor has to identify relevant agencies (e.g. rescue, fire, hazardous materials,
traffic, police, ambulance, hospitals, alternative routes, cleanups) and their
representatives and to liaise with these representatives on behalf of the employer.

The incident management centre shall be continuously staffed on a 24 hours basis. The
Contractor shall maintain records of the details of all incidents (e.g. collision, hazardous
material, breakdown, etc). After occurrence of any major incident, resulting in multiple
loss of life, significant periods of road closure or major route rehabilitation work, an
incident debriefing report shall be produced and forwarded to NHAI within fifteen days of
occurrence.

Contractor will keep a record of the removal accidental/damaged vehicles by taking a


dated photograph of the same and will submit the report on monthly basis to the
Employer/Engineer.

Contractor will remove dead animals/birds from the carriageway and bury them at a
suitable location as directed by the engineer/employer within two hours of the incident. If
contractor fails to remove the dead animals/birds from the carriageway within two hours
of the incident, he will be levied a penalty of Rs. 1,500/- per such incident.

6.4.1 Route Patrols


The O&M contractor is required to provide 24 hrs per day route patrols to assist
the road users of the highway, to provide information, feed back and perform functions
in relation to incident management. To achieve this, the Patrol vehicles should be fully
equipped as well as the patrol persons should be adequately trained in traffic
management, road safety and primary first aid. The purpose of these patrols is to:

• Provide the users of the highway with basic mechanical help for vehicles that
breakdown on the road and also protect other users from such vehicles.
• Immediately identify traffic hazards of whatever nature, such as unauthorized
parking, public transport vehicles, obstructing traffic during passenger loading
and unloading, debris, stray animals and the like. The operator shall take the
necessary measures to remove such obstructions.
• Provide emergency management at accident scenes until such time as the
appropriate authorities arrive.
• Assist with the removal of damaged or mechanically impaired vehicles from the
highway.
• Provide road user information and to further the image of National Highway
Section.
• Maintain daily records of assistance provided to road users.
• Observe, record and report suspect aspects of the highway, hazards and
incidental damage caused by vehicles, floods, storms or other random events,
such that the highway maintenance records and database are continuously
improved.

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Patrol Vehicles

Vehicles should be (white colour ) having sufficient rear space for the required
equipment storage, fitted with rotating light and hooter, and painted with a unique color
pattern for quick recognition, with the NHAI name and emblem painted prominently on
sides, back and front, together with the Control Centre and Help line numbers. Vehicle
should be in good condition and ber not older than two years.

Each vehicle should also carry the following equipment.

a) Fire extinguisher 1 no.


b) Gas cutter with protective glass (2 nos)
c) Liquid container 2 no., Water container with fresh water 1 no. ,Funnel.
d) Rubber Gloves, Leather Gloves (1 pair each)
e) Brooms one hard bristle, other soft-2 no.
f) Gum boot 4 pr, Rain coat 4 pr., Blanket 1.
g) Torch lights – 4 nos., Spare Batteries. ,Flashing light 1 no.
h) Hydraulic jack, towing chain, Animal hook, rope.
i) Tool set (with standard set of spanners, pliers hammer etc), shovels.
j) Digital Camera, measuring tape.
k) Paper pad, Forms, pen/pencils, folders.
l) First aid kit, Rain Coat, water proof sheets, stretchers (two numbers)
m) List of hospitals

Each vehicle should also carry the following Traffic Management Equipment,
(used/ worn out items shall be replaced forthwith with new ones)

a) Sign boards – “Accident ahead” – 3 Nos. “Lane merging” – 3 no.


“Direction Arrows” – 3 no, “Speed Limit” (80/60/40)-3 no, “Keep left / right”
– 2 no (all signs 1200 mm size and of retro reflective type (high intensity
grade)
b) Sign Stand set (one for triangular and other for circular sign) 6 sets.
c) Flags, whistle, reflective hand signal.
d) Traffic cones 500 mm size with solar bulb mounted on top – 20 No.s.
e) Barricades 4 No.s reflective type (100 m), tape, stands, Flags of 600 mm
by 600 mm made of good read cloth secured to a staff at 1 M length,
Paddles of at least 600 mm wide and provided with rigid handle with
markings SLOW, STOP.
f) Reflective jackets – 12 No..
As a minimum, each patrol vehicle should carry sufficient communication
equipment to render its staff capable of direct communication with the incident
Management Control Center established.

Manpower:

The team which is to be deployed with each patrol vehicle, needs adequate training for
their tasks, especially in first aid, vehicle maintenance and minor repairs. The
contractor must employ sufficient manpower to work in shifts for each patrol vehicle.
Typical staffing shall be:

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a) Route Patrol In-Charge
b) Route patrol assistant
c) Driver, with knowledge of vehicle repairs.

Typical duties of the Route Patrol In-Charge are:

a)Patrol the corridor to ensure obstruction free flow as per shift standards
b) to report to police and assist injured at accident scene and remove all
obstructions from road when the vehicles are cleared
c)To provide first aid to injured, contact control room and ambulance service if
needed, assist police
d)Report all incidents on radio control, to control room.
e)To ensure safety of traffic with minimal delay at accidents.
f) To assist motorists on broken down vehicles and to ensure that they do not
obstruct free flow
g)Maintain relations with all emergency services, and local safety councils
h)To report carriageway condition, especially traffic guidance aids, signs,
markings condition, condition of drainage, ROW plantations, medians plantation
etc.
i)Check on Encroachment irregularities taking place within ROW , and prevent
unauthorized entry into the corridor.
j) prevent theft of assets and report
k)attend to urgent maintenance for safety requirements.
At all times, the Route Patrol In-Charge should have with him a list of telephone
numbers and address of all concerned in providing the Road Users Services.

On duty, all staff shall wear distinctive standard jackets having company LOGO,
with night visibility. They are to deal with public and hence should be well trained
to be courteous and helpful.

Number of Patrol Vehicle: One

Ambulance:

The vehicle shall be Matador Van/ Swaraj Mazda/ Tempo Traveller or equivalent
preferably white colour with the provision of two stretchers, fitted with rotating light
for easy recognition, with NHAI name and emblem painted prominently on sides, back
and front, together with control center help numbers, The ambulance is required to
have the following medicines and equipments and also the paramedical staff:

A) General Ambulance:

Folding Doctor Seat with Belt with adequate height in relation to the stretcher, Antistatic,
water proof ply board vinyl/flooring, Channel/Locking system for rolling stretcher, High
intensity blinkers, light bar/siren/beacon, Electronic siren with Public Addressing
System, Internal lighting with three spot light embedded in ceiling, AC/DC connection
and outlet points, Wash basin with Stainless Steel Tank, SS Trash bin Cabinet
integrated with interiors, Head racks and cupboard, Attendant seat with seat belt to
double as second stretcher for stable patients, Provision for communication system

75
where the location of ambulance can be located, Provision for fog light on sides,
Cool/Warm boxes, Provision of Fire Extinguishers, Handheld Spotlight, Inverter with the
facility re-charging from 220V AC and Vehicle’s alternative. Oxygen delivery system
comprising of Cylinder Trolley, pressure tubing with regulators, Roof mounted Air-
conditioner with appropriate cooling capacity with additional blower for Patient Cabin,
Extrication equipment and Good Suspension to cater for smooth transportation.

B) Basic Life Support system

Automatic loading stretcher, Scoop stretcher, Folding stretcher, Spine board full,
Vacuum splint kit/foldable splints, C-Collars, Oxygen Cylinder with accessories
mounted/with manifold and pressure indicators, Oxygen Cylinder (aluminium portable),
BP Instruments (Wall mounted-Aneroid), Stethoscope, Automatic defibrillator,
Resusciatation bag (ambu bag, laryngoscope, airways and mask of different size
including pediatric), Manual foot operated suction pump. I.V Fluid and I.V Sets,
Tourniquet, First-Aid Box (Dressing material/Antisceptic lotion/Analgesic etc),
Linen/Blanket, Laryngeal mask airway of all sizes.

The following paramedical staff are required with proper uniform and name of the
person written on the uniform:

a) Trained Paramedical staff 1


c) Nursing staff with knowledge of first aid 1
d) Driver for ambulance 1

Number of Ambulance: One

6.5 Engineering Improvements


The contractor shall execute junction improvement and other improvements as proposed
by Engineers’ Representative. The Contractor shall also supply and erect crash barriers
at required locations along the project road. Crash barriers are to be provided as per
MOST specifications and as per details provided in BOQ. The drawings for same are to
be got approved from Engineer’s Representative.
6.6 Inspection

Full and complete inspection of the highway section shall be undertaken at appropriate
intervals as mentioned in this section & section VIII (Implementation Manual &
Maintenance Intervention Levels). The Contractor shall provide appropriate testing
equipment for qualitative inspections, such as reflectivity meters, straight edges and the
like.

6.6.1 Daily followed by weekly and monthly Inspections

Items to be inspected daily on regular basis followed by weekly and monthly inspections
shall include:
• Potholes
• Cracking & Patches
• Rutting
• Defective bridge decks area and bump at approach
• User information - road marking and road signs
• Blocked drains

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• Toll Management System (Manual) and Tollbooth
• Tow Away Trucks, Cranes etc.
• Frequency of Highway Patrol

6.7.2 Quarterly Inspections


Items to be inspected at quarterly intervals shall include :
• bridges – structural elements for damage
• culverts – structural elements for damage
• blocked drains
• road marking
• road signs

6.7.3 Repairs
Repairs arising out of the inspections shall be carried out by the Contractor after a joint
assessment with the Engineer and approval of NHAI.
6.8 PERFORMANCE STANDARDS

6.8.1 PERFORMANCE STANDARDS FOR MAINTENANCE:


The performance standards define the level at which the proposed facility is to be
maintained and operated.
Road Maintenance: (As per MOST Specifications)
SL. SERVICEABILITY REQUIRED PERMISSIBLE FREQUENCY OF
NO. INDICATOR MAINTENANCE TIME LIMIT FOR INSPECTIONS BY THE
LEVEL DEFECT CONTRACTOR TO ENSURE
RECTIFICATION REQUIRED LEVEL OF
SERVICE
1. Potholes/km 5 nos. in a Two days Daily on regular basis
(max. Numbers) stretch of 5 km. followed by weekly &
monthly inspections
2. Cracking & 5.0 per cent of Seven days - do -
patch (max. rwod surface in
Permissible) a stretch of 1
km.
3. Rutting (20mm), 1.0 per cent Three days - do -
max.
in a stretchof 1
Permissible limit
km (measured
with 3 m
straight edge.)
4. Defective bridge Nil Fifteen days
decks area and
- do -
bump at
approach (max.
Permissible)
5. User information All road signs, Seven days
km stones &
- do -
road marking in
good condition

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B) Route operations
SL. SERVICEABILITY REQUIRED FREQUENCY OF INSPECTIONS BY
NO. INDICATOR MAINTENANCE CONTRACTOR TO ENSURE
LEVEL REQUIRED LEVEL OF SERVICE

1. Tow away trucks, To reach the Daily on regular basis


cranes & incident spot within
ambulances etc. 30 minutes of
incident occurrence
2. Frequency of Every 4 hours on Daily on regular basis
highway patrol entire stretch
(logging system)

3 Removal of dead To reach the Daily on regular basis


animals /birds incident spot within
60 minutes of
incident occurrence

6.8.2 Performance Standards for Drainage System

The inspection and maintenance shall follow the guidelines specified in IRC: SP35-1990
or any modification to it by Indian Roads Congress.

• Pre-monsoon inspection and repairs shall include: detailed condition inspection of all
bridges, culverts and the longitudinal drainage system. This shall be followed by repairs
as required. Clearance of waterways of cross-drainage (CD) works and bridge
waterways (vegetation, silt) within the right-of-way and 100 m on either side of the right-
of-way, clearing the longitudinal and surface drains, repairs to flooring and pitching and
face walls which should be brought to intact condition and painting of bridge markings
shall be carried out.

• During the monsoon, any blocked vent-ways shall be cleared immediately.

• After monsoon a detailed inspection shall be undertaken to identify any severe damage.
One month after the cessation of rain, the structures shall be given one coat of white
wash or colour wash as a protective measure.

6.8.3 Performance Standards for Operations

• For incident management system:


• Staffing – 24 hrs/day and 365 days/year
• Response time to a single incident – ½ an hour after receiving notification
• Multiple incidents – as soon as possible

• The facility shall be kept clear of all obstructions to traffic. Broken down vehicles,
accident remnants, fallen trees, or any other obstructions should be cleared at once,
after completing any legal formalities. The availability of Tow-trucks, cranes, and other
equipment required for this purpose shall be ensured.

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• Accident relief measures, including an ambulance, shall be available round the clock.
The response time should be 30 minutes. Traffic regulation and management to
minimise the disturbance due to accident to other traffic shall be taken by providing
temporary traffic signs, cones, reflective tape etc.

• The intersections at either end or in-between shall be managed such that delays to
through traffic are minimised.

• Regular patrolling shall be done to ensure smooth traffic movement on the facility. The
frequency of the patrol shall be at least once in 4 hours for the entire length of facility.

• In respect of route operation like patrol vehicle, ambulance and towing of vehicle, any
case of non compliance as per Cl 6.8 of ’Performance Standard’, a penality of Rs. 5000/
for each non compliance incident will be levied.

• The log books for route Patrols and Ambulances shall be maintained as per “Logging
System”. i.e. exact time reached at particular incident and time at which the spot of
incidence left out. Both vehicles should not waste time unnecessarily. From the entries of
log book, if it is found that time is exhausted unnecessarily / arbitrarily, reduction in the
rate of concerned BOQ item shall be made. Engineer’s decision in this regard shall be
final.

• Signed muster rolls of staff pertaining to route patrols and Ambulances shall be
maintained. Any absenteeism of route patrol staff shall attract a penalty of Rs. 300 / day /
incidence and Rs. 500 / day / incidence in case of Ambulance Staff. The decision of
Engineer shall be final in this context.

• The route patrol vehicles and Ambulances shall be equipped (for 24 x 7 period and total
duration of contract) with equipments / medicines as mentioned in Cl.no.6.4 of “Incident
Management”. Any shortage of equipments / medicines shall attract penalty. The penalty
in the range of Rs. 500 to Rs. 2000 / incidence shall be imposed on the contractor. The
decision of Engineer shall be binding on the contractor.

• The contractor shall submit following documents along with each monthly statement of
work done.
a) The photographs (hard copies) of each incidence of damaged towed vehicle with use
of crane for entire month.
b) The undertaking of route patrol Incharge and driver of each damaged towed vehicle
stating that “no charges” i.e. the services of crane made freely available to damaged
vehicle.
The claim for BOQ item, “use of crane” shall not be entitled in absence of above
mentioned data. Reduction in rate on prorata basis shall be proposed in absence of
above data.

• The contractor shall submit the following documents along with each monthly statements
of work done.
i) The reports as per IRC 53 – 1973 and formats approved by Engineer of accidents
occurred during the month.
ii) The Photographs in hard and soft copies of all accidents and in soft copies for all
other incidents.
iii) The reports of incidents other than accidents shall be submitted in the format
approved by Engineer.
The photographs (hard copies) supplied shall be paid under concerned BOQ item.

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• The contractor shall submit the daily report of accidents / incidents occurred on each of
next day. Failure of which shall attract penalty of Rs. 100 / incidence.

• Each route patrol vehicle shall be installed with precise Vehicle Tracking System (VTS) of
reputed ISO 9001 company. The VTS shall be based on Global Positioning System (GPS)
and GSM / GPRSM technology. The system shall also include micro, live, real time
tracking web based software by use of which GIS maps shall be accessed and transit /
stoppage / idle / over speed reports of vehicles shall be generated.

• For operation of this system one computer of brand approved by the Engineer with one
year AMC of following configuration shall be installed at “O & M center, by the contractor.
i) Intel Pentium D processor 2400 or above with EM64T (2 x 2 MB cache or above
or latest, 3.0 Hz, 800 MHz, FSB, Dual Core).
ii) 1024 DDR RAM & 320 GB SATA Hard Disk Drive.
iii) 16 x DVD super multi drive with light scribe and double layer (8.5 GB) support.
iv) Standard Modem
v) Integrated ATI Radeon xpress 1100.64 MB dedicated Graphics memory, ATI
Hyper memory up to 64 MB, 128 MB TAG memory.
vi) 9 in 1 card reader up to 5.1 Surround sound ready creative SB 372.1 speakers.
vii) 17” TFT monitor with digital mouse & standard key board.
viii) With latest window O. S.

• The contractor shall install one broad band internet connection of 1 MBPS. He shall also
make necessary arrangements for uninterrupted electricity supply to VTS.

• The contractor shall bear all expenditure involved in purchasing VTS, software’s, one
computer and internet connection, maintenance and operation charges (for total period of
contract) inclusive of all taxes as applicable.

• The contractor shall be responsible for 24 x 7 working of VTS. The necessary liaison with
Producer Company is sole responsibility of contractor.
• The contractor shall submit hard copies of VTS generated reports such as transit, /
stoppage / Idle, average speed etc. for entire month along with each monthly statement of
work done.

6.9 – Performance Standards for “Maintenance of existing and new plants / shrubs / hedges
grass in median”.

The length of median to be maintained under this BOQ item means the stretch of median
in which plantation of hedges / shrubs / flowering tress are already in existence or
proposed to be planted.
The following stretches of road are excluded from median maintenance length.
a) Flyovers / Major bridges.
b) Median cuts
c) Lined drain in median and where concreting is done for full width of median.
d) Double face ‘W’ crash barrier installed in median & where plantations have
not been planted.

A) Removal of weeds / vegetation and unwanted debris

i) The contractor shall keep median without any weeds, unwanted vegetation, debris
etc. for the entire period of contract. For this purpose he should deploy at least the
following for each month of contract period.
a) One labour / day (8 hours) for every four Km. of median.

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b) One tractor with trolley / day (8 hours) for every 35 km. stretch of median.
c) One supervisor for every 35 km. stretch of median.
This deployment shall be made available for whole month from June to Feb of a
year. From March to May one labour / day (8 hours) for every 06 km. of median
and one tractor with trolley / day (8 hours) for every 50 km. of median shall be
deployed.
ii) The contractor shall maintain separate signed muster rolls of deployed labours &
supervisors and log books of tractors. The muster rolls and log books shall be
made available for inspection. Xerox copy of log books and muster rolls shall be
submitted along with each monthly statement of work done by the contractor.
iii) The deployment mentioned as per (i) is minimum and shall not relieve contractor
from his obligation to keep the median without weeds, unwanted vegetation and
debris from the median. He shall increase inputs as per requirements of site
conditions and Engineers instructions.
iv) If a contractor fails to keep median without weeds, unwanted vegetation, debris (as
per provision of BOQ) penalty of Rs. 500/ Km. / incidence to Rs. 1500/ Km /
incidence shall be imposed. Engineers decision in this context is binding on
contractor.

B) Watering:-
i) For the specified period of the year excluding the monsoon months (2-3 months)
[period shall be specified by Engineer depending on site condition] contractor shall
prepare monthly plan for deployment of water tankers in consultation with Engineer
and shall submit the same seven days prior to next month. It is obligatory on
contractor to deploy the number of water tankers as per plan. If Engineer observes
number of water tankers deployed (as per plan) are not sufficient as per site
condition, he shall instruct to increase the water tankers. Engineers decision shall be
final.
ii) If contractor fails to deploy the water tankers as per Engineer’s instructions and as
per monthly plan each incidence of non deployment, a penalty of Rs. 8000 / day /
incidence shall be imposed.
iii) The methodology suggested vide (i) to (ii) shall not relieve contractor from his
obligation of non-wilting of any hedge / shrub / flowering trees of median. If any
existing hedge, shrub, flowering tree etc. got dead it should be replaced by
contractor at his own cost. Engineers decisions in this context is final
iv) Deployed water tanker shall be fitted with red electric blinking signal and red flag at
top of LHS back end. The safety measures as per IRC 112 shall be taken while
watering
v) The contractor shall maintain log books of each deployed water tanker and submit
the Xerox copies along with each monthly statement of work done.
C) Trimming of plantation and application of insecticides / pesticides
i) Trimming of hedges and flowering trees shall be done as and when required and
as ordered by Engineer.
ii) Supplying and application of insecticides / pesticides shall be done as and when
required and as ordered by Engineer.
iii) Each incidence of failure of trimming and application of insecticides / pesticides
shall be penalized at the rate of Rs. 500 / Km. / incidence. Engineers decision shall
be binding on the contractor.
D) The contractor shall submit the daily reports (on next day) of out put of various men and
machinery deployment for median maintenance in the formats approved by Engineer.
Failure of which shall impose penalty of Rs. 100 / incidence.

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6.10 – Performance standard for “carrying out cleaning, removing of dust / silt / thrash ---- from
carriageway.
i) This BOQ item is on km basis. The total length of stretch under consideration is
taken under this item. However width of carriageway to be kept clean as per BOQ
provision is up to ROW, it includes.
a) Total width of carriageway (LHS + RHS) including median width.
b) Width of service roads (LHS + RHS) wherever service roads are in existance.
c) Width of all structures such as flyovers, major bridges, minor bridges,
culverts, subways, etc.
ii) For cleaning of carriageway contractor shall deploy mechanical broomer with
tractor for total period of contract. The deployment of mechanical broomer shall be
for at least 20 days / month. Contractor shall maintain log book of this mechanical
broomer and submit the Xerox of this along with each monthly statements of work
done.
iii) In addition to mechanical broomer contractor shall deploy following men /
machinery for each month and total duration of contract.
a) One unskilled labour / day (8 hours) for every three km. of stretch of road.
b) One superior for every 30 km of stretch of road.
c) One tractor with trolley / day (8hours) for every 30 km. of stretch of road.
iv) The contractor shall maintain separate signed muster rolls of deployed labours &
supervisors and log books of tractors. The muster rolls and log books shall be
made available for inspection. Xerox copy of log books and muster rolls shall be
submitted along with each monthly statement of work done by the contractor.
v) Any absenteeism in deployment of labour and tractor as mentioned in (iii) shall
attract penalty of Rs. 150 / day and Rs. 1500 / day respectively. Engineers decision
shall be binding on contractor.
vi) The deployment maintained as per (ii) & (iii) is minimum and shall not relieve
contractor from his obligation to keep the carriageway clean as per BOQ
provisions. It is obligatory on contractor to increase inputs as per requirements of
site conditions and Engineers instructions.
vii) It contractor fails to keep the cleanliness of carriageway any one or other item as
per BOQ provisions, a penalty of Rs. 1500 to 2500 / km / month shall be imposed.
Engineers decision shall be binding on contractor.
viii) The contractor shall submit daily reports (on next day) of out- puts of men &
machinery deployment in the formats approved by Engineer. Failure of which shall
attract a penalty of Rs. 100 / incidence.

6.11 – Performance standard for “Removal of rank vegetation / weeds / ……… etc.
Indent for this work shall be issued once in year by the Engineer. After execution of this
indented quantity, it is the sole responsibility of contractor to keep that particular area without
any vegetation / weeds / grass for the remaining period of contract (one year). For this purpose
he shall make use of men / machinery deployment as in case of performance standard Cl. no.
6.10.

6.12 ADDITIONAL MAINTENANCE STANDARDS

6.12.1 Maintenance standard for cleaning, clearing and repairing roadside lined drains

1.12.1.1 Scope

i. The work shall consist of removing material to bring them to original


shape/drainage capacity.
ii. Disposal of sediments, extraneous debris or vegetation growth, blocking flow.

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1.12.1.2 Methods, Tools and Equipment

i. Safety devices and signs shall be placed as per MOST clause no.112
ii. The debris, sediments, vegetation growth and excess material shall be
excavated. The excavated material shall be disposal off as directed by Engineer-
in-charge with all leads and lifts.
iii. The drain slopes and sides shall be dressed up to original flow line and cross
section.

6.12.1.3 Measurements for Payment

The work shall be measured in terms of rm of drain cleaned, cleared and repaired.

1.12.1.3 Rate

The contract unit rate for cleaning and clearing roadside pucca drains shall mean
payment in full for carrying out all the required operations explained above including
compensation for:

a. Setting out and providing safety devices and signs placed in work area. As per
MOST clause no.112.
b. Furnishing all materials to be incorporated in the work including transportation of
excavated material and disposing of the same with all leads and lifts.
c. All labour, materials, tools, equipment, safety measures, testing and incidentals
necessary to complete the work to specifications.

6.12.2 Maintenance standard for cleaning, clearing, deepening and reshaping of roadside
unlined drains

6.12.2.1 Scope

i. The work shall consist of cleaning, clearing deepening and reshaping of roadside
unlined drains and making shallow lateral drains on shoulders to drain out the rain
water/surface water effectively from bituminous surface as well as from roadside
berms.

6.12.2.3 Methods, Tools and Equipment

i. Safety devices and signs shall be placed in accordance to MOST clause no.112
ii. The unlined drains should be cleaned and cleared off the deposition of
sediments, extraneous debris or vegetation blocking free flow in the drain. This
work may be carried out manually.
iii. In case any erosion is noticed then these drains should be deepened/widened in
proper slope as directed by Engineer in-charge.
iv. For draining out the standing water from road edges and unpaved shoulders, the
shallow lateral drains at regular intervals shall be made manually as and when
required.
v. The drain slope and sides are neatly dressed up to required flow line and cross
section.
vi. The excess excavated material should be well dressed, watered and compacted
in nearby area or transported away from the site with all leads and lifts, as
directed by the Engineer in-charge.

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6.12.2.4 Measurements for Pavement

The work shall be measured in unit of r. mtr. for roadside drains only and no separate
payment shall be made for making shallow lateral drains.

6.12.2.5 Rate

The contract unit rate for cleaning, clearing, deepening and reshaping of roadside
unlined drains and making lateral drains on shoulders shall mean payment in full for
carrying out all the required operations explained above including compensation for :

a. setting out and providing safety devices and signs placed in work area. As per
MOST clause no.112.
b. furnishing all materials to be incorporated in the work including all royalties, fees,
rents where necessary and all leads/lifts.
c. Transporting the excavated/recovered material and disposing of the same with all
heads and lifts as directed by the Engineer in-charge.
d. All labour, materials, tools, equipment, safety measures testing and incidental
necessary to complete the work to specifications

6.12.3 Maintenance standard for routine maintenance of road signs and delineators

6.12.3.1 Scope
i. The work shall consist of washing of signs, delineators, removal of posters etc. on
a regular maintenance cycle and repair to supporting structures with repainting.

6.12.3.2 Methods, Tools & Equipment

i. The road signs and delineators should be thoroughly washed using a detergent
solution followed by a lean rinse and whole face of the sign shall be dried.
ii. Defects in supporting structures like bullet holes, surface marks or bent posts
shall be repaired with appropriate tools.
iii. Damaged area shall be cleaned and loose/flaking paint shall be removed. Bullet
holes shall be filled with filler and supporting structures shall be painted with first
quality enamel paint in two or more coats.

6.12.3.3 Measurements for Payment

The work shall be measured in numbers separately for road sign boards mounted on
single post and double post irrespective of size.

6.12.3.4 Rate

The contract unit rate for carrying out cleaning and repair of road signs including
straightening, resetting and repainting of post shall mean payment in full for carrying out
all the required operations explained above including full compensation for :

a. Furnishing all materials to be incorporated in the work with all leads and lifts.
b. All labour, materials, tools equipment, safety measures, testing and incidentals
necessary to complete the work to specifications.

84
6.12.4 Maintenance standard for replacing road signs, delineators mounted on single
post/multiple posts

6.12.4.1 Scope

i. The work shall consist of replacement of damaged signboards/delineators due to


accident or worn out due to age and weathering.
ii. Replacement of missing signboards and major repairs especially to sign faces.

6.12.4.2 Methods, Tools & Equipment

i New signboards/delineators in lieu of badly damaged/missing ones shall be


provided conforming to MOST specification clause 801 to perform the function
and convey message that was originally required (retroreflective type of high
intensity grade).

ii. For major repairs following sequence shall be carried out :

a. Beat any holes and indentations flat with a hammer and dolly
b. Clean the damaged area and remove any loose or flaking sheeting, paint or other
surface material
c. Fill the holes and indentations with polyster body filler and access material shall
be striken off to flush with sign face.
d. Patch the whole of the affected area with existing surface material as required
viz. Pressure sensitive, reflective sheeting, paint etc.
e. Restore the legend by black screening or reflective sheeting of correct class cut
to shape.

6.12.4.3 Measurements for Payment

The work shall be measured in numbers separately for road sign boards mounted on
single post and double post irrespective of size under separate category for each made
out of Retro Reflective sheeting and made out of non reflectorised paint.

6.12.4.4 Rate

The contract unit rate for replacing / installing and major repairs to road signboards and
delineators shall mean payment in full for carrying out the required operations explained
above including compensation for:

a. Removal of damaged sign boards / delineators complete.


b. Furnishing all the materials to be incorporated in the work including all royalties,
fees, taxes, rents and transporting them to work site.
c. All labour, materials, tools equipment, safety measures, testing and incidentals
necessary to complete the work to specifications.

6.12.5 Maintenance standard for treatment of bleeding bituminous surface

6.12.5.1 Scope

i. The work shall consist of spreading pre-heated 5.6 mm size stone aggregates over
bleeding area of bituminous pavement & rolled properly.

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6.12.5.2 Materials

i. The stone chipping shall conform to MOST clause 504.2.2.1 and shall also conform
to the quality requirements table 500-3 of the MOST specifications.

6.12.5.3 Methods, Tools & Equipment

i The surface identified for treatment shall be clearly marked


ii Safety devices and signs are placed as per MOST clause no.112 in the working
zone
iii The surface shall be swept clean, free from dust and shall be dry
iv 5.6 mm size stone aggregates shall be pre-heated to the temperature of 1550 -
1630 C and shall be spread over area @ 5 kg/sqm uniformly. The surface shall
be broomed to ensure uniform spread of the chippings.
v Immediately after the application of chippings entire surface shall be rolled
properly and excess chippings if any, shall be broomed off immediately before
opening the traffic.

6.12.5.4 Measurements for Payment

The work shall be measured in sqm. of the area marked under activity (i) of the para 3
above

6.12.5.5 Rate

The contract unit rate for carrying out treatment for bleeding bituminous surface as
above shall mean payment in full for carrying out all the required operations explained
above including compensation for:

a. Setting out and providing safety devices and signs placed in work area as per MOST
clause no.112
b. Furnishing all materials to be incorporated in the work including all royalties, fees,
taxes and all leads and lifts.
c. All labour, materials, tools equipment, safety measures, testing and incidentals
necessary to complete the work to specifications.

6.12.6 Maintenance standard for treatment of closely spaced cracks at scattered


locations by slurry sealing

6.12.6.1 Scope

i. The work shall consist of applying mixture of emulsified bitumen, well graded fine
aggregates and water to seal closely spaced cracks at scattered locations

6.12.6.2 Materials

i. Emulsified Bitumen: The emulsified bitumen shall be a cationic rapid setting type
conforming to the requirements as per IS 8887.
ii. Aggregates: The fine aggregates shall be clean, sharp, naturally occurring sand,
free from silt clay and other organic materials conforming to grading as given in
Table 500.33 of MOST specifications.

86
6.12.6.3 Methods, Tools & Equipment

i The area having closely spaced cracks shall be clearly marked


ii Safety devices and signs are placed as per MOST clause no.112 in the working
zone
iii The surface shall be swept clean of dirt, dust and loose materials
iv if required, a tack coat shall be applied @ 0.15 ltrs/sqm with hand sprayer
v Slurry shall be prepared by mixing emulsified bitumen 6.0 ltrs. With sand 20 ltrs.
and water of such consistencies as can be satisfactorily laid. It shall be a semi-
fluid homogeneous mass with no emulsion runoff.
vi Prepared slurry shall be spread in even thickness, at a rate such that it covers
the area to be treated in thickness of 5mm
vii The entire surface shall be rolled properly after slurry has set sufficiently to
ensure that rutting or excessive movement will not occur.
viii Traffic shall be opened on the surface when mixture has cured sufficiently

6.12.6.4 Measurements for Payment

The work shall be measured as finished work in sqm. for the area marked under activity
3(i)

6.12.6.5 Rate

The contract unit rate for sealing the closely spaced cracks at scattered locations by
slurry sealing shall mean payment in full for carrying out all the required operation
explained above including compensation for:

i. Setting out and providing safety devices and signs placed in work area as per
MOST clause no.112
ii. Furnishing all materials to be incorporated in the work including all royalties, fees,
taxes and all leads and lifts.
iii. All labour, materials, tools equipment, safety measures, testing and incidental
necessary to complete the work to specifications.

6.12.7 Maintenance standard for treatment of rutted bituminous surface

6.12.7.1 Scope

i. The work shall consist of application of premixed bituminous material to rutted


surface to bring it in level with the adjoining area and compacting the same in
layers, when depression is 25 mm or more

6.12.7.2 Materials

ii. Bituminous Material: The bitumen shall be straight run bitumen of a suitable grade
conforming to IS 73. The actual grade of bitumen to be used shall be decided by
the Engineer in-charge.
iii. Aggregates: The aggregates should conform to requirements as per MOST clause
5.11.1.2.2

6.12.7.3 Methods, Tools & Equipment

i The boundary of the area to be leveled shall be marked using a string line and
crayon

87
ii Safety devices and signs are placed as per MOST clause no.112 in the working
zone
iii The surface shall be swept clean of dirt, dust and loose materials
iv Bituminous tack coat on the area shall be applied conforming to MOST
specification cl.503 using bitumen @ 3 kg / 10 sqm area
v Bituminous profile corrective course conforming to MOST Clause no.512 shall be
laid in layers not more than 25 mm thickness in multiple lifts in such a way that lift
of shortest length should be provided first with successive lifts extending over and
fully covering underneath layer.
vi Each layer shall be compacted using a roller / compactor
vii Surface should be sealed as directed by Engineer
viii Any loose material left around the area shall be broomed off
ix Traffic shall be opened on the surface after it has cured sufficiently

6.12.7.4 Measurements for Payment

The work shall be measured on volume compacted in position in cum the volume shall
be worked out by plotting out exact profile of rutted surface

6.12.7.5 Rate

The contract unit rate for treatment for rutted portion of bituminous surface by filling the
space by bituminous mix shall mean payment in full for carrying out all the required
operations explained above including full compensation for

a. Setting out and providing safety devices and signs placed in work area as per MOST
clause no.112

b. Furnishing all materials to be incorporated in the work including all royalties, fees,
taxes, rents where necessary and all leads and lifts.

c. All labour, materials, tools, equipment, safety measures, testing and incidental
necessary to complete the work to specifications.

6.12.8 Maintenance standard for treatment for hungry /stripped bituminous surface

6.12.8.1 Scope

i. The work shall consist of application of liquid bituminous material (straight – run,
cutback or emulsion) followed by cover of stone chippings & rolled properly

6.12.8.2 Materials

i. Bitumen: The bitumen shall be straight run bitumen of a suitable grade conforming to
IS 73 or emulsified bitumen rapid setting type conforming to IS 8887 or cutback
bitumen as approved by Engineer in-charge.
ii. Stone Chippings: The stone chippings shall conform to MOST clause no.504.2.2.1
and shall also conform to the quality requirements of Table 500-3 of MOST
specifications. The size of stone chippings may be 5.6 mm – 11.2 mm (nominal size)
as decided by Engineer in-charge.

88
6.12.8.3 Methods, Tools & Equipment

i The area to be treated shall be clearly marked


ii Safety devices and signs are placed as per MOST clause no.112 in the working zone
iii The surface shall be swept clean of dirt, dust and loose materials
iv Bituminous material at proper temperature shall be spread on prepared surface
uniformly over the area with hand sprayer @ 0.15 kg/sqm.
v Immediately after the application of bituminous material, stone chipping of correct
size shall be spread uniformly on the surface @ 0.15 cum/10 sqm
vi The aggregates shall be rolled with the help of roller / hand rammers as directed by
Engineer in-charge
vii The excess aggregate from the area shall be broomed off neatly.
viii Traffic shall be opened on the surface after it has cured sufficiently

6.12.8.4 Measurements for Payment

The work shall be measured as finished work in sqm. for the area marked under activity
3(i)

6.12.8.5 Rate

The contract unit rate for treatment for local sealing to the hungry / stripped bituminous
surface shall mean payment in full for carrying out all the required operations explained
above including full compensation for

a. Setting out and providing safety devices and signs placed in work area as per
MOST clause no.112

b. Furnishing all materials to be incorporated in the work including all royalties, fees,
taxes, rents where necessary and all leads and lifts.

c. All labour, materials, tools equipment, safety measures, testing and incidental
necessary to complete the work to specifications.

6.12.9 Maintenance standard for treatment & repair of potholes

6.12.9.1 Scope

i. The work shall consist of repair to shallow potholes (depth < 40 mm) with BC
material conforming to MOST clause 509 and repair to deep potholes (depth > 40
mm) with DBM & BC conforming to MOST clause 507 & 509, properly
compacted to the requirements of these specifications.

6.12.9.2 Materials

i. Bituminous Material: The bitumen shall be straight run bitumen of a suitable


grade conforming to IS 73. The actual grade of bitumen to be used shall be
decided by the Engineer in-charge.
ii. Aggregates: The aggregates should conform to requirements as per MOST
clause 504.2.2

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6.12.9.3 Methods, Tools & Equipment

i The boundary of the pothole to be repaired shall be marked using a string line
and crayon

ii Affected area shall be cut in regular section, shape and to depth not less than
25 mm, either with jack hammer or hand tools like chisel, pick axes etc. The
edge shall be cut vertically down up to the level where the lower layer is
suitable without any loose material.

iii Safety devices and signs are placed as per MOST clause no.112 in the
working zone

iv The surface shall be swept clean of dirt, dust and loose materials. Water and
soft material must be removed from the affected area using gunny / jute bags.

v Bituminous tack coat on the area and vertical surfaces shall be applied
conforming to MOST specification clause 503 using bitumen @ 3 kg / 10 sqm
area

vi (a) Shallow Potholes (depth < 75 mm)

The excavation shall be filled up with bituminous material conforming to MOST


clause no.504 laid in layers not exceeding 50 mm each well compacted with
plate compactor / road roller.

(b) Deep Potholes (depth > 75 mm)

The excavation shall be firstly filled up with BUSG conforming to MOST clause
no.506 in a layer/layers each not exceeding 75 mm thickness, duly compacted
up to 25 mm below the existing road surface. The top 25 mm shall be filled up
with bituminous material conforming to MOST clause 504 well compacted
using plate compactor / road roller.

vii Surface should be sealed as directed by Engineer

viii Any loose material left around the area shall be broomed off

ix The finished surface shall be checked for level with straight edge in case of
edge breaking and patching for pothole shall be checked in both directions

x Traffic shall be opened on the surface after it has cured sufficiently

8.12.9.4 Measurements for Payment

The work shall be measured in sq.m. of the area marked under activity no. 3 (i)
separately for depth less than 75 mm & equal / more than 75 mm depth

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8.12.9.5 Rate

The contract unit rate for treatment for this work shall mean payment in full for carrying
out all the required operation explained above including full compensation for

a. Setting out and providing safety devices and signs placed in work area as per
MOST clause no.112

b. Furnishing all materials to be incorporated in the work including all royalties, fees,
taxes, rents where necessary and all leads and lifts.
c. All labour, materials, tools equipment, safety measures, testing and incidental necessary
to complete the work to specifications.

91
(SECTION-VII)

TECHNICAL SPECIFICATIONS

92
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 2001) 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” (FOURTH REVISION, August 2001), 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.

93
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)
“NHAI” – National Highways Authority of India.

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.

94
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 and 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
habitation. The H.M.P. shall be fitted with a dust extraction unit in
order that the exhaust gases comply with the requirements of the

95
relevant current 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 manufacture’s instructions. The Engineer
shall be given at least 6 working days 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. Not withstanding 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 refuelling 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 refuelling areas. Fuel storage shall in
proper bounded areas. All spilt and collected petroleum products
shall be disposed of in accordance with the relevant legislation.

96
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, a 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

97
& hard shoulder 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 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, levelling and dressing
along with additional quantity of sub-base material shall be
considered as incidental to the work and no extra payment will be
made 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.

98
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

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.

99
The contractor shall provide the field laboratory within one month
from the date of the commencement of the work. Prior to this, the
contractor must make suitable alternative arrangements for the
testing of materials, which are acceptable to the Engineer.

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.”

100
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:

101
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:

102
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

103
Clause 306.4 Measurement for Payment

Substitute the Clause 306.4 as follows:

“All temporary sedimentation and pollution control works shall be


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

104
include the grubbing of the existing rank vegetation and clearance
of undergrowth completely.

Clause 314.2 Construction Operation

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 Sq.m.

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) AND


SHOULDERS:

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

105
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.”

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 --------------rollers 80 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

106
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.

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
mechanical 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 501.8.3.1and


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.

107
Clause 507 & 509 Bitumen

The penetration grade of bitumen shall be 60/70.

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 801.5 Amend the clause as under: The measurement of all types of sign
boards shall be measured in sq. m.

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.”

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Additional Technical Specification

7.4 Road Studs/Cat eyes

7.4.1 General
Reflective pavement marker (RPM) or road stud is 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.

Definitions

7.4.2 Description of Terms specific to this standard

a) Coefficient of luminous intensity (CIL) or specific intensity - the ratio of luminous


intensity of the retro-reflector in the direction of observation to luminance at the retro-
reflector on a plane perpendicular to the direction of the incident light expressed in terms
of millicadelas per incident lux (mcd/lx).
b) Horizontal entrance angle – the angle in the horizontal plane between the direction of
incident light and the normal to the leading edge of the marker.
c) Observation angle – the angle at the reflector between the illumination axis and the
observation axis.
d) Retro-reflection - reflection in which the radiation is returned in direction close to the
directions from which it came. This property being maintained over wide variations of the
direction of incident radiation.
e) Head – that part of a road stud, which is above the road surface when the road stud is
fixed in position in the road.
f) Upper surface – that part of the external surface of road stud, which is visible when the
road stud is fixed in position in the road.
g) Anchorage – that part of a road stud, which is below the road surface when the road
stud is fixed in position in the road.

7.4.3 Material
a) Plastic body of RPM/road stud shall be moulded from ASA (Acrylonitrite) or HIPS (Hi-
impact Polystyrene) or ABS or any other suitable material approved by the Engineer-in-
Charge. The markers shall support a load of 13635 kg tested in accordance with ASTM
D 4280.
b) 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 moulded of methyl merthcrylate conforming to ASTMD 788 or
equivalent.

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

d) Optical Performance
e) Unidirectional and bi-directional studs
Each reflector or combination of reflectors on each face of the stud shall have a C.I.L.
not less than that given in Table 1 or 2 as appropriate.

109
Table 1 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 2 Minimum C.I.L. Values for Category ‘B’ studs

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


angle angle White Amber Red
00U 60 L&R 0.30 20 10 4
00U 100 L&R 0.50 15 7.5 3

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

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’.
f) Omni-directional studs

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

7.4.4 Tests
a) 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.
b) 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 1 or 2 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.

7.4.5 Fixing of Reflective Markers

7.4.6 Requirements
a) The enveloping profile of the head shall be smooth and the studs shall not present any
sharp edges in traffic.
b) The reflective portions of the studs shall be free from crevice or ledges where dirt might
accumulate.
c) All road studs shall be legibly market with the name, trademark or other means of
identification of the manufacturer.
d) Marker height shall not exceed 20 mm.
e) Marker width shall not exceed 130 mm.
f) 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.

110
7.4.7 Placement
a) 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.
b) 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.
c) 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.
d) Use a wire brush, if necessary to loosen and remove dirt, then brush or blow clean.
e) 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.
f) 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. Soft rags moistened with mineral spirits or kerosene may be
used, if necessary to remover adhesive from exposed faces of pavement markers.

7.4.8 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 r electivity 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 and with no extra remuneration to be
paid for such works.

7.4.9 Measurement for Payment


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

7.4.10 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.

111
(SECTION-VIII)

IMPLEMENTATION MANUAL AND


MAINTENANCE INTERVENTION LEVELS

112
SECTION – VIII
IMPLEMENTATION MANUAL AND MAINTENANCE
INTERVENTION LEVEL
8.1 Introduction

8.1.1 Maintenance & Rehabilitation work of highway through one agency is the work of typical
nature, which shall continue up to the expiry of base period specified in the contract (excluding
defect liability period). These works need attention, efficiency, continuous monitoring and
responsive management. This implementation manual spells out detailed guide-lines for
implementing the maintenance programme successfully, defining the various activities to be
accomplished by the Employer and the Contractor.

8.1.2 This package includes routine, periodic, recurrent and urgent maintenance activities to
repair highway surface, shoulders, road side, drainage facilities, CD work, signs, markings and
inspection facilities. The works of different nature at scattered locations within specified time
frame need to be performed confirming to specifications and standards in order to keep
carriageway in perfect condition.

8.2 Maintenance Procedures

8.2.1 The complete maintenance programme shall be spread over the initial base period of
three months. There are eight significant procedural areas:

• Maintenance Programme Planning


• Resource Estimation
• Identification of Priorities
• Work Scheduling
• Work Management
• Work Control and Quality Assurance
• Payment Procedures
• Records & Documentation

8.3 Maintenance Programme Planning

8.3.1 The maintenance programme planning shall be in two stages

a. First Stage: Within 28 days of issuance of Letter of Commencement by the


Employer. Contractor & Engineer shall identify the activities of Routine Maintenance,
which shall have to be taken up immediately who check the further deterioration of
paved and unpaved surface of carriageway separately. To identify these activities
formal field inspection shall be carried out by technical staff of Contractor &
Engineer. A management meeting shall then be called within 7 (seven) days of
inspection to scrutinize the identified works and then these works shall be quantified.
Engineer shall then issue indent to contractor for execution of these works specifying
quantity to be executed at different locations, amount of works calculated on the
basis of the unit rates quoted by contractor and date of completion. This part of work
shall certainly be commenced not later then stipulated date of commencement.
b. Finalisation of yearly maintenance programme: This activity shall begin with the
stipulated date of commencement. The various steps proposed to be taken under
this are as under :
i. to carryout present state inspection of entire stretch of Highway by Contractor
& Engineer.

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ii. To identify defects as per various available engineering characteristics of
road & measurement of all defects in each sub-section (length of subsection
shall be 200 m) based on representative measurements for 25 m length in
each sub section. The extent of defects shall be recorded in forms finalized
in consultation with NHAI for paved road, unpaved road and structure /
furniture. All Defects with its extent shall be assessed in terms of length &
area of the sub section, mentioning chainage (locations) in order to have
exact estimate of work.
iii. A comprehensive documentation shall be prepared separately by Engineer
and Contractor mentioning their assessment of various types of defects in
each km of road.
iv. Management meetings shall be called within 15 days of inspection to finalise
and then to quantity the defects after comparison of measured condition of
road and maintenance intervention levels set out in this Section on commonly
acceptable basis. This shall be followed by identification of particular
maintenance work proposed to be carried out at site to make good the
defects noted above, out of various alternatives available in BOQ.

8.4 Resource Estimation

8.4.1 The Engineer shall workout the yearly requirement of funds based on unit prices rates
quoted by Contractor and quantities of various items proposed to be executed. A tentative
programme shall be drawn on the basis of resources available with the contractor at different
times of maintenance period including available establishment, equipment and labour
availability with him. Cash flow available with the contractor shall also be basic input to
determine proposed maintenance programme.

8.5 Identification of Priorities

8.5.1 The Engineer shall work out order of priority, judiciously in order that jobs that have the
stronger claim or resources placed ahead of the list and those having least claim are placed at
the end.

8.5.2 The maintenance activities by order of importance shall be reckoned in the following
order or as deemed proper by Engineer:

a. Urgent Works: Emergency repairs, removal of road blockade, repair to road breach,
removal of accidental vehicles and dead animals, immediate repairs to CD works.
b. Recurrent Works: Blading and grading of unpaved surface, spot gravelling of
unpaved surfaces, clearing of drains before rains, patch repair, local sealing and
repair to pot holes.
c. Periodic Works: Re-gravelling shoulders, major repair to defective carriageway, road
surface markings resealing and repair to CD works.
d. Other Periodic Works: Laying overlays and reconstruction

8.5.3 The activities mentioned under Routine Maintenance shall be carried out on continuous
basis as does not fall in order of priority.

8.5.4 Seasonal variation in the year shall also be influencing factor to decide order of priority
of maintenance works.

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8.6 Work Scheduling

8.6.1 The maintenance and rehabilitation work of road is of unpredictable nature so quantities
shown against each item or work are only representative. It is expected that they would be
consumed during the entire base period of works but employer would not be responsible to pay
any compensation etc. in case there is variation to any extent in quantity of actual execution of
particular item of work with respect to representative quantity shown in BOQ for that particular
work.
8.6.2 Scrutinised work proposals shall be negotiated by the Engineer with Contractor for
quantity and time to complete those particular activities and accordingly they shall be classified
into two groups:

Group – I: Works of short duration of completion (up to 2 months)


Group – II: Works of larger duration of Completion (more then 2 months)

8.6.3 For works under Group I, quarterly indents shall be issued and for works classified under
Group 2, bi-annual indents shall be issued by the Engineer. These indents shall mean to
identify, quantity the various works which contractor is expected to execute on his unit rates
quoted by him at specified locations within the time period assigned in the indents. Each indent
shall be treated as part of the work for which contractor has submitted Bids. The terms &
conditions applicable in bid document shall also be applicable to these indented works.

8.6.4 In case of urgency requiring immediate actions to remove road blockade, to construct
temporary diversion or urgent preventive measures to reduce extent of expected damages or to
make precautionary arrangements to handle emergencies,. Engineer shall issue interim indents
for such works / arrangements to be complied with by the contractor in responsible manner
without loss of time.

8.6.5 The price of any such work which are not covered with items mentioned in price bid, the
rates and prices in the contract shall be used as the basis for valuation of reasonable rates,
failing which after due consultation by the Engineer with the Employer and the Contractor;
suitable rates or prices shall be decided by the Engineer with the approval of Employer.

8.7 Work Management

8.7.1 The success of Contract maintenance system lies with good work management. The
contractor shall draw activities which shall be accomplished by in house crew and portion of the
work to be accomplished with sub contractors.

8.7.2 For execution of maintenance works at scattered locations contractor should adopt
concept of “MOBILE MAINTENANCE UNITS”. The basic ingredients of “MOBILE
MAINTENANCE UNITS” have been explained as under.

MOBILE MAINTENANCE UNIT

1 Introduction

For improvement of efficiency, the system of Mobile Road Gangs has been found very
much cost effective in long run, particularly on heavily trafficked corridors/ Highways.

2 Requirement

The bidder shall make necessary arrangements, if necessary, for keeping mobile
maintenance units. For every 100 km section of National Highways at least one such
unit will be required.

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3 Typical features of Mobile Maintenance Unit

8.1 Tolls & Plant


1 Mini Hot Mix Plant
2 Light Commercial Vehicle (LCV)
3 Air compressor
4 Bitumen boiler
5 Mechanical sprayer
6 Walk behind roller
7 Plate compactor
8 Pneumatic tools
9 Grass cutter
10 Wheel barrows

3.2 Labour and Skilled Operators

Skilled operators
• Driver
• Operator Mini Plant
• Mechanic
• Operator (walk behind roller)

Semi Skilled / Unskilled labour


• Mate / Incharge
• Labour for feeding
• Labour bitumen boiler
• Labour pneumatic tools and sweeping
• Labour for grass cutting, embankment correction, mix unloading and
spreading
• Painter
8.7.3 The system of quarterly reports such as budget reports, resources utilisation report,
quality control and status of base maintenance programme (planned versus actual) has to be
generated in order to evaluate working of contract maintenance system and to work out
upgradation / modification required in the programme. The modification to finalised
maintenance programme can be made with mutual consent of both the contractor and engineer
to derive best results.

8.7.4 The contractor can also consider to introduce communication system (like mobile, etc).
on the Highway for better and efficient management of site.

8.8 Work Control & Quality Assurance

8.8.1 The Engineer shall adopt random sampling procedures to ensure quality control.
Engineer shall carry out in- process inspections and end product inspections to collect samples
and shall carry out testing in order to determine the degree of adherence to the maintenance
standards of delivered or constructed material. Any testing / checking of works by Engineer
shall not absolve the contractor from his responsibility to execute works strictly in accordance of
MOST / IRC / IS specifications or laid down standards in bid document.

8.8.2 A quality control laboratory equipped with all instruments required to perform tests as
indicated in MOST / IRC / IS specifications at frequency mentioned therein shall have to be
provided by the contractor. Contractor shall ensure that testing of all material delivered or
constructed is regularly carried out by his filed staff as per standard norms and results of these

116
tests are recorded in specified manner and made available to Engineer whenever required by
him. The contractor shall provide the QC laboratory, as incidental to work and no separate
payment shall be made for this item. The QC lab shall also be made available to Engineer for
conducting tests of his own.

8.8.3 In- process inspections shall be carried out by the Engineer to witness and / or to verify
the quality / quantity of work, when activity is in process with aim to judge justification of
payment. Engineer shall carry out end product inspections after completion of the activity to
provide satisfactory evidence about acceptability of the contractors work.

8.8.4 The results of in process inspections, end product inspections and quality control tests
shall form basis of acceptance of completed works and issuance of Non Conformance Report
(NCR). Items of Works or unit of material or the end product do not meet the specifications /
standards shall be identified by “Non-Conformance-Report” and can become basis of rejection
of work on establishing the authorized disposition.

8.8.5 Non Conformance Report: Defective or uncompleted work shall not be paid. Such work
shall also be notified to the Contractor within 10 days of submission of bill through non-
conformance report (NCR). The NCR shall clearly identify the item of work that is non –
conforming either to specification or to a specific requirement in the contract document. Once
NCR is identified, it shall be evaluated and of the dispositions would be established.

a. “Do” Identifies the work which has not been done at all at site within specified
time limit. An NCR issued with “Do” disposition for the work should
immediately be undertaken by contractor.

b. “Re-Do” Identified the work, that is non conforming of all quality aspects. Such
works be totally removed & redone.

c. “Re-work” Requires part of particular item identified in this category be reworked to


bring it to the quality required.

d. “Use-as-is” Applied where Engineer accepts work “as-is” not withstanding the fact
that it does not exactly conform to the contract requirements. This work
shall be accepted only for agreed reduced rates with respect to unit rates
quoted in financial bid by the contractor otherwise shall be re-classified
under disposition “Do” or “Re-Do”.

8.9 Payment Procedures

8.9.1 The contractor shall submit to the Engineer after the end of each month bill in two
copies, each signed by authorized contractor’s representative in standard format,
showing the amounts to which the contractor considered himself to be entitled upto the
end of the month. These bills should be prepared each indent wise.

• The Engineer after scrutiny of the bills shall certify and recommend the payments for
completed accepted works within 14 days of presentation of bill to him to the
employer subject to deductions as per bid documents.
• The employer shall pay the amount due to the Contractor under certificate and
recommendations by the Engineer within 28 days after it has been delivered to the
Employer.

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8.10 Records & Documentation

8.10.1 The results of all inspections shall be documented. The test results containing
documentary evidence of activities and data relevant to the quality of work and performance of
the contractor shall also be documented. The field daily to be filled by Site Engineer of
Contractor shall be a basic form of documentation. The activities to be entered in daily dairy are
• The description of day’s activities, number and type of crew on job, equipment on job
weather and temperature
• Any measurement made to determine pay quantities
• Daily summary of material issued in the job
• A record of significant conversations with and direction given to the contractor
• A record of bottlenecks with the progress or execution of the work
• A record of material testing in lab
• Details of visit by officials
8.10.2 The Contractor shall carryout road roughness measurement as directed by Engineer for
the entire stretch at the end of the pavement maintenance and shall submit the complete
record to NHAI. There shall not be any separate payment on account of this. The
payment pertaining to this shall be deemed to be included in the items of works.

8.11 MAINTENANCE INTERVENTION LEVELS

Following criteria shall be adopted by the Engineer while indenting the works.

Sl. Defects Criteria / Extent Treatment / Action Type of


No. (% of sub section maintenance
length)
1 Shoulder & Slopes
1.1 Vegetation growth on Any kind Vegetation growth Routine
shoulders & side slopes be removed
1.2 Trees a. All kind Trim and remove Routine
dead / diseased
branches
b. Fallen trees Remove Urgent
on carriageway immediately

1.3 Deformation or scour a. Upto 50 mm Fill & Compact Routine


b. More than Reconstruction Recurrent /
50 mm Urgent
1.4 Disturbed stone pitching a. Upto 30 Repair Routine
sqm.
b. More than Reconstruct Urgent
30 sqm
2 Side drains
2.1 Kuccha drains silted / too Any extent Clean & repair Routine
shallow
2.2 Standing water on Any Realign to correct Routine
shoulders / drains gradient and make
shallow lateral
drains
2.3 Silting in pucca side Any extent Clean out Routine
drains
2.4 Damages or scouring of Any extent Repair and Routine
pucca drains reconstruct to

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adequate size and
shape
3 CD Works
3.1 Silted or blocked openings Any extent De-silting / cleaning Routine
3.2 Erosion / Scour in Any extent Repair / fill the Periodic
upstream / down stream boulders
3.3 Pot holes erosion in Any extent Repair with Periodic
paved surface floor concreting
3.4 Damaged crash barriers Any Reconstruct Recurring /
Urgent
3.5 Vegetation growth at inlet Any Remove & Clear Routine
/ outlet & near parapets
3.6 Damaged masonry in Any extent Repair to match Recurrent
parapets / substructure / with existing &
superstructure report to the
Engineer
3.7 Painting exposed surfaces Any Repaint / White Periodic
of bridge railings, kerb wash
stones, parapets
3.8 Cracks in structure Any Repair and report to Recurrent /
the Engineer Urgent
3.9 Leached, honey combed, a. Upto 20 sqm Repair with epoxy Urgent
spalled concrete surface, mortar or injected
& exposed reinforcement concreting
b. More than Reconstruct Urgent /
20 sqm Special
alters
3.10 Checking of expansion Any Check & repair & Periodic
joints clean
3.11 Maintenance of bearings Any Check & clean & Periodic
(In case carry ordinary
replacement of maintenance
bearings is
required, then
specific report
to be given to
the Engineer)
4 Road Furniture
4.1 Dirty road signs / Any Wash & clean Routine
delineators
4.2 Damaged / corroded road Any Repair, repaint or Periodic
signs and delineators replace
4.3 Missing road signs Any Replace Routine
4.4 Damaged / missing Any Replace Periodic
median kerbs, boundary
pillars, 200 m stone, km
stone & 5th km stones
4.5 Painting & printing letters Any Repaint & print to Periodic
on road signs, km stones, match with existing
200 m stone, 5th km
stones
4.6 Safety barriers, fencing Any Repair & repaint Periodic
4.7 Pavement markings a. Upto 30 Repair Recurring
sqm.

119
b. More than Repair Periodic
30 sqm.
5 Road side safety /
Miscellaneous
5.1 Dead animals Any Remove and burry Recurrent /
Urgent
5.2 Broken down / accidental Any Inform traffic police Recurrent /
vehicle and remove Urgent
5.3 Road blockade Any Inform traffic police, Recurrent /
remove blockade if Urgent
reqd. construction
temporary diversion
6 Carriageway & Crust
6.1 Stripping a. <25 sqm. Local sealing Routine
b. >25 sqm. IInd coat surface Periodic
dressing
6.2 Rutting a. depth of ruts
< 50 mm
i. Crack < 10 Seal the crack with Routine
mm slurry
ii. crack > 10 Surface dressing & Recurrent
mm fill ruts with
bituminous mix
b. depth of ruts
> 50 mm
i. Crack < 10 Seal the cracks with Routine
mm slurry and fill ruts
with bituminous mix
ii. crack > 10 Surface coat Periodic /
mm surface dressing Special
over cracked area attention
to be followed by
overlay
6.3 Pot holes a. <20 mm Patch repair to pot Recurrent
holes
b. >20 mm Patch repair to pot Recurrent /
holes & check Special
dressing of crust for Attention
strengthening if
reqd.
6.4 Bleeding a. < 25 sqm Spread and roll Routine
over 6 mm size
heated aggregates
b. > 25 sqm Apply surface Periodic
dressing
6.5 Cracks a. < 25 sqm Local sealing of Routine
cracks
b. > 25 sqm Local sealing Periodic
followed by renewal
6.6 Hungry surface Any Apply, slurry seal or Recurrent
fog seal
6.7 Corrugations ------ Cutting of high Recurrent
spots and filling of
low spots with

120
existing surfacing
material and seal
the surface
6.8 Shoving ------ Remove the Recurrent
material upto firm
base and relay
stable mix
6.9 Shallow depressions ------ Repair the Recurrent
depression with
pre-mixed material
6.10 Settlements & upheaval a. <20 sqm Remove the weak / Recurrent
defective fill upto
base & redo.
b. >20 sqm i. Remove the Periodic
weak / defective fill
upto base & redo
ii. Strengthen the
crust by providing
additional layers
6.11 Edge breaking & edge a. <25 mm Cut affected area Recurrent
steps and patch repair to
road edge; with
reqpir to unpaved
shoulders also
b. >25 mm Reconstruct Periodic
shoulders and
repair to carrigeway
edge also

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