Memorandum of Understanding

This Memorandum of Understanding ("MoU') is entered into on this

_______ day _______ (Month), 2009, by and between

National Rural Roads Development Agency, a Society registered under

the Socities Registration Act, 1860, hereinafter referred to as NRRDA,
which expression shall, unless repugnant to the context or meaning thereof,
be deemed to mean and include its successors and permitted assigns, of
the FIRST PART

_________Rural Roads Development Agency,

___________________________________, an autonomous body set up
under the State Government , which expression shall, unless repugnant to
the context or meaning thereof, be deemed to mean and include its
successors and permitted assigns, and designated as the SECOND PART

And

M/s ______________________, _______________________, which

expression shall, unless repugnant to the context or meaning thereof, be
deemed to mean and include its successors and permitted assigns, as the
THIRD PART
WHEREAS the Parties have agreed to cooperate and jointly participate in
the pilot project, namely construction of Rural Road from ___________ to
___________ in ______ Block of ________ district of Package No.
_______ for a length of ______ km with the use of __________ and study
the performance of the constructed road.

NOW, THEREFORE, in consideration of the mutual covenant hereinafter

set forth the Parties hereby agree upon the following terms and conditions;

1. PARTIES TO THE MoU:

a. National Rural Road Development Agency.,

(A Registered Society under the Ministry of Rural Development)
5th Floor, NBCC Tower, 15, Bhikaji Cama Place, New Delhi 110066

Authorized Representative Position

b. _______ Rural Road Development Agency,

___________________________________
Authorized Representative Position

c. M/s ________________________________________________
Authorized Representative Position
Each of NRRDA, _______ and M/s _________________ are individually
referred to as a "Party" and collectively as "Parties".

2. TERM OF THE MoU

2.1 This MoU shall remain in force until the Completion of the project as per
contract conditions issued in the tender and completion of Post Construction
Performance Monitoring for a period of 18 months.

2.2 However, notwithstanding the above, the Parties are free to extend the
term of this MOU on mutually agreeable terms and conditions.

3. DEFINITIONS

a. Executing Agency means the identified and designated as

Executing Agency by the State Government.
b. NRRDA means the National Rural Roads Development Agency,
New Delhi.
c. Programme means the Pradhan Mantri Gram Sadak Yojana
(PMGSY).
d. Programme Implementation Unit (PIU) means the unit set by the
Executing Agency in a District or a compact group of districts
entrusted with the execution of the Programme.
e. Pilot Project means the Rural Roads construction with the use of
Silicon Aggregate.
4. BACKGROUND
 a. NRRDA is a society under the Govt of India, Ministry of Rural
Development to extend support to the programme of
construction of Rural Roads under PMGSY.
b. ____RRDA is a society under the Govt of _______, Ministry
of Rural Development, acting as executing agency for
implementing PMGSY programme, in the State of
_________.
c. M/s _______________ is a firm supplying the new material
and assisting the construction of Pilot Project and
Performance Monitoring.

The Parties are desirous of conducting a study on the performance of

rural road with new Technology/ Material.

5. OBJECTIVES

a. To construct the rural road using __________, collect data on

the performance of rural road constructed under the Pilot Project
in a systematic manner over a period of 18 months.
b. To determine the rate of deterioration of the rural roads under
conditions of soil, traffic and environment and analyzing the
results for assessing the efficacy of the new material/ technology
in Rural Road construction.

6. FUNCTIONS AND RESPONSIBILITIES OF EACH PARTY

6.1 NRRDA: To recommend the payment of construction cost for the Pilot
 Project road to _____RRDA. The release of money will be through
normal PMGSY channels of fund flow. The charges @ 2.5% of the
construction cost would be recommended to the third party for training
of PIU and contractors Personnel, for overseeing the construction
activities, quality control and project management aspects through a
Competent Technical Consultant/ Research Organization appointed
with the acceptance of NRRDA.

Further, NRRDA will monitor the Post Construction Performance

Monitoring, as per the defined terms of reference.

6.2 ____RRDA : The Second Party viz _____RRDA follows the PMGSY
procurement and contract management procedures for the
implementation of the pilot project. A senior officer will be designated
for coordination with the other two parties and liaise with the third
party closely during the implementation as well as Post Construction
Performance Monitoring. ____RRDA receives the funds in the normal
channels of fund flow under PMGSY. ____RRDA and the designated
officer will try to learn all critical aspects of the project and will be
responsible for proper implementation of the Pilot Project.

6.3 M/s _______________ : The third Party, M/s ______is responsible

for giving training to the PIU and Contractors Personnel, monitor all
aspects of construction and quality control aspects through a suitable
and competent Technical Consultant / Research Organization.

They are also responsible for Post Construction Performance

 Monitoring as per the scope defined in the terms of reference to
performance monitoring and liaise with SRRDA officials for effective
implementation. Soon after the construction is over, the performance
monitoring will be undertaken and periodical 6 monthly reports are to
be submitted to ____RRDA & NRRDA. After 18 months of monitoring,
final report is to be prepared and submitted to ___RRDA and NRRDA.
A total amount equivalent to 2.5% of the construction cost will be paid
for the services rendered and the release of this money is subject to
satisfactory performance of the tasks defined above.

7. TERMS OF REFERENCE FOR DATA COLLECTION DURING

PERFORMANCE EVALUATION.

7.1 One Time Data

For each test section, the following data would be collected in the format
designed for:
(i) State, district, block/taluk/mandal, package number
(ii) Type of adjoining land (agricultural, built up, canals, ponds, etc)
(iii) Annual average rainfall -Monthly variation of rainfall
(iv) Variation of average monthly air temperatures (maximum and
minimum)
(v) Depth of ground water table from pavement surface.
(vi) Original construction or upgradation.
(vii) Number and type of CD works within the length of the pavement
section.
(viii) Chainage of section (From KM ...to KM, location with reference to
permanent land marks).
(ix) Length of section
(x) Cross sectional details (formation width, shoulder width, carriageway
width, side slopes) of the original and new sections.
(xi) Height of embankment of the original and new roads.
(xii) Year and month of opening to traffic.
(xiii) Sectional details (material type, width and thickness of each layer).
This should also include the details of layers of old pavement if any.
(xiv) Provision made for surface drainage (whether side drains
provided?)
(xv) Provision made for subsurface drainage (whether drainage layer
provided, what is the material used in the drainage layer, width and
thickness of drainage layer, arrangement made for end plugging the
drainage layer etc.)
(xvi) Dry density of each layer and shoulder.
(xvii) Special features such as adjacent ponds, canals, slope retaining
structures etc.
(xviii) Subgrade soil type (classification) and CBR (soaked and
unsoaked) used in the preparation of the estimate.
(xix) Traffic (CVPD) assumed for design.
(xx) Average CBR (soaked or unsoaked) value of subgrade as
determined during construction.
(xxi) CBR value of the borrow soil used.
(xxii) Properties of the subgrade soil such as L L, PI, % passing 75
micron sieve, (carryout complete wet sieve analysis) OMC, Dry Density
(Standard Proctor), soaked CBR, field dry density.
(xxiii) Type of shoulder provided (material USU).
(xxiv) Properties of the material used in the shoulder (PI, CBR, field dry
density). (carryout complete wet sieve analysis).
(xxv) Grade of bitumen used
(xxvi) Type and Rate of emulsion used for prime and tack coats.
(xxvii) Condition of the CD works located within or nearer to the section.
(xxviii) Assessment of the effectiveness of the surface drainage.

7.2 Periodic data Collection

The pavement section will be divided Into sub-sections of 100 m
length and for each 100 m long-section, the following measurements
shall be made.
(i) Rut depth measured using a 3m bar in each 25m section.
(ii) Percent of bituminous surface cracked (based on visual
estimation) and class of cracks
(iii) Extent of edge failures, if any
(iv) Condition of shoulder
(v) Number and extent of potholes.
(vi) Extent of patching done
(vii) Length, width and depth of depressions.
(viii) Extent of raveling
(ix) Longitudinal and transverse cracks
(x) Traffic volume count (to be done yearly twice -3 day average
with loading assessment on visual observation.) Specific trends
in terms of seasonal variations in the loads carried by the
vehicles will be useful for analyzing the performance of the
pavement.
(xi) Subgrade moisture content at three to four locations for each
section
 (xii) Surface Roughness using MERLIN
(xiii) Dynamic Cone Penetration Value of different layers at three
to four locations for each section.
(xiv) Cross slope (camber)
(xv) Condition of side slopes, side drains
(xvi) Identify presence of trapped water in any of the layer
(xvii) Identify failures that can be associated with embankment
failure.
(xviii) Data on the seasonal variation of rainfall and air
temperatures will also be useful.
(xix) Benkelman beam deflection study after 12 months and 18
months
(xx) Axle load survey once.
(xxi) Three to four Photographs covering the condition of each
section.

8. CONFIDENTIALITY
The Parties agree:

(a) that the confidential information is a valuable asset of the First

Party who shall be the owner of all rights including but not limited to
intellectual property rights of such information. The Second and Third
Parties shall become the agent of the First Party in the implementation
of the Pilot Project and data assimilation, storage and analysis.

(b) that unless and until the information properly comes into the public
domain, the second or third party shall maintain the secrecy and
 confidentiality of any proprietary or confidential information with
respect to this research project (including without limitation to the
terms of this MoU and any financial information in connection with the
project) and shall not make, issue or release, from and after the date
hereof, any public statement of the existence of the material terms,
conditions and status of the research project provided for herein
without the prior written consent of the First Party. However, the
Second or Third Party with the permission from the First Party can use
the information for Research and Development Purposes.

(c) that the Second Party or Third Party shall not to use the
confidential information in any way and for any purpose other than for
the purposes envisaged by this MoU.

The confidentiality of the information shared by the Parties in pursuance of

this MoU shall survive until the termination of this MoU.

9. NON-BINDING LEGAL EFFECT

This MoU incorporates the initial intent expressed by the Parties , shall have
non-binding legal effect, and shall be subject and subservient to the terms of
any agreement hereinafter entered into between the Parties, provided,
however, that the confidentiality provision stipulated in Clause 10 herein,
shall be legally binding between the Parties.

10. WAIVER CLAUSE

No modifications, amendments or waiver of any of the provisions of this
MoU shall be effective unless made in writing specifically referring to this
MoU and duly signed by the Parties.

11. GOVERNING LAW

The Parties hereto agree that this MoU is construed under and governed by
the laws of India

This Memorandum of Understanding is hereby executed (in New Delhi,

India), by the duly authorized representatives of the Parties on the day and
year first above written.

By NRRDA

Signature:

Name & Title :

Witnesses

1. _________________________ 2. ________________________

By ___RRDA

Signature:

Name & Titles:

Witnesses
1. ________________________ 2. __________________________

By M/s __________

Signature:
Name & Title :

Witnesses

1. _________________________ 2. ________________________