Professional Documents
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04SchedulesEFGJKLMNOPQRST EPC61
04SchedulesEFGJKLMNOPQRST EPC61
EPC 61 - Improvement to Kolgaon Surodi Vadali Shrigonda Pedgaon Road (MDR 62)
from Km. 0/000 to 21/000 (Total Length 21.00 Km.) Tal. Shrigonda Dist. Ahmednagar
SCHEDULE-E
(SeeClauses2.1and14.2)
A. MAINTENANCEREQUIREMENTS
Maintenance–10years
1. MaintenanceRequirements
1.1 The Contractor shall, at all times maintain the Project Highway in accordance with the
provisions of this Agreement, Applicable Laws and Applicable Permits.
1.2 The Contractor shall repair or rectify any Defect or deficiency set forth in Paragraph 2 ofthis
Schedule-E within the time limit specified therein and any failure in this behalf shall
constitute non-fulfillment of the Maintenance obligations by the Contractor. Upon
occurrence of any breach hereunder, the Authority shall be entitled to effect reduction in
monthly lump sum payment as set forth in Clause 14.6 of this Agreement, without prejudice
to the rights of the Authority under this Agreement, including Termination thereof.
2. Repair/rectificationofDefectsanddeficiencies
6. DailyinspectionbytheContractor
The Contractor shall, through its engineer, undertake a daily visual inspection of the Project
Highway and maintain are cord thereof in a register to be kept in such form and manner as
the Authority’s Engineer may specify. Such record shall be kept in safe custody of the
Contractor and shall be open to inspection by the Authority and the Authority’s Engineer at
any time during office hours.
7. Pre-monsooninspection/Post-monsooninspection
The Contractor shall carry out a detailed pre-monsoon inspection of all bridges, culvertsand
drainage system before [1stJune] every year in accordance with the guidelinescontained in
IRC: SP35. Report of this inspection together with details of proposed maintenance works as
required on the basis of this inspection shall be sent to the Authority’s Engineer before the
[10thJune] every year. The Contractor shall complete the required repairs before the onset
of the monsoon and send to the Authority’s Engineer a compliance report. Post monsoon
inspection shall be done by the [30thSeptember] and the inspection report to get here with
details of any damages observed and proposed action to remedy the same shall be sent to
the Authority’s Engineer.
8. Repairsonaccountofnaturalcalamities
All damages occurring to the Project Highway on account of a Force Majeure Event or
default or neglect of the Authority shall be under taken by the Authority at its own cost. The
Authority may instruct the Contractor to undertake the repairs at the rates agreed between
the Parties.
Annex–I:Repair/rectificationofDefectsanddeficiencies
(Schedule-E)
TheContractorshallrepairandrectifytheDefectsanddeficienciesspecifiedinthisAnnex-Iof
Schedule-Ewithinthetimelimitsetforthinthetablebelow.
Table1:MaintenanceCriteriaforPavements:
IRC:82-
2015
<1%
Ravel read
of 7-15days
ling/ with
area
Strip IRCSP
ping ...NIL... Daily 81
<1m
forany
100m
sectio
nand
width
<0.1
m at
any IRC:82-
7-15 days
locati 2015
on,
restric
Edge ted to
Defor 30 cm
mation from
/ the
Breaki edge
ng ...NIL... Daily
Frequ Timelimit
LevelofService Standards and Mainte
Perfor ency Tools/E for
(LOS) References for
mance of quipme Rectificati nance
Asset Param Accep Inspe nt InspectionandData on/Repai Specifi
Desirable Analysis cations
Type eter table ction r
Distres ly
ses
Deflect
ion/ Falling
IRC:11
Remai Weight IRC115:2014 180days
5-2014
ning Annu Deflecto
Life ally meter
Edge MORT&
Emba drop 40 Length IRC:362010,MORT&H H
at of ...NIL... <2% Daily Measure
nkme m variati ment Specification
should m
nt/ Unitlike andother
ers
Slope Scale, Tape, relevant
Slope ...NIL... Daily odomete standard and
specifi 7- Specifi
cation. 15da c ation
ys 408.4
MORT
&H
7-
15da
ys
<15%
variati MORT&
Emban on in H
kment ...NIL... prescr Daily 7-15days Specific
Slopes ibe ation
side 408.4
slope
Emban MORT&
kment H
...NIL... ...NIL... Daily 7-15days
Protect Specifica
ion NA tion
Daily
Specia
Rain
lly MORT&
Cuts/
Durin H
Gullies ...NIL... ...NIL... 7-15days
g Specifica
in
Rainy tion
slope
Seaso
n NA
Inadditiontotheaboveperformancecriterion,thecontractorshallstrictlymaintaintherigidpavements
asperrequirementsinthefollowingtable.
Table2:MaintenanceCriteriaforRigidPavements:
RepairAction
Degree
Type of Measured
S.No. of AssessmentRating Forthecased Forthecased
Distress Parameter
Severity <D/2 >D/2
CRACKING
1 w<0.2mm.hair
RepairAction
Degree
Type of Measured
S.No. of AssessmentRating Forthecased Forthecased
Distress Parameter
Severity <D/2 >D/2
intersecting L=lengthof cracks
withanyjoint crack
w=0.2-0.5mm,
d=depthof
2 discerniblefrom
crack Seal, and
slow-movingcar Sealwithout
D=depthof stitchifL>lm.
slab w=0.5-1.5mm, delay
Within7days
3 discerniblefrom
fast-moving car
4 w=1.5-3.0mm Staple or
Dowel Bar
Seal,andstitch
Retrofit,FDR
if L > l m.
5 w>3mm. for affected
Within7days portion.
Within15days
0 ...NIL...,notdiscernible NoAction
w<0.2mm,hair cracks
1 Staple or
Routeandseal
DowelBar
w=0.2-0.5mm, with epoxy.
Retrofit.
2 discerniblefrom Within7days
Within15days
slow vehicle
Route,sealand
w=widthof w=0.5-3.0mm,
stitch, if L > 1
Single 3 discerniblefromfast
crack m.
Transverse(or vehicle
L=lengthof Within7days
Diagonal)
crack
2 Crack DowelBar Full Depth
d=depthof
intersecting Retrofit. Repair
crack 4 w=3.0-6.0mm
with one or
D=depthof Within15days Dismantleand
more joints reconstruct
slab
affected.
Portion with
norms and
w > 6 mm, usually NotApplicable,
specifications
associated with as it may befull
5 -SeePara5.5 &
spalling,and/orslab depth
9.2
rockingundertraffic
Within15days
RepairAction
Degree
Type of Measured
S.No. of AssessmentRating Forthecased Forthecased
Distress Parameter
Severity <D/2 >D/2
SurfaceDefects
ShortTerm LongTerm
0 ...NIL...,notdiscernible
Noaction.
1 r<2% Local repair of
areasdamaged
r = area andliabletobe
2 r=2-10% damaged.
damaged Method
surface/total Within15days
Statement
Raveling or
surface of 3 r=10-25% BondedInlay,2 base on
7 Honeycombtype
slab (%) h = or 3 slabs if relevant
surface
maximum Standardcode
4 r=25-50% affecting.
depth of and
damage Within30days
specification.
Reconstruct
slabs,4ormore
r>50%andh>25 mm
5 slabs if
affecting.
Within30days
ShortTerm LongTerm
0 ...NIL...,notdiscernible
Noaction.
1 r<2% Local repair of
r = damaged
areasdamaged
surface/total Method
surface of andliabletobe
2 r=2-10% Statement
slab (%) damaged.
8 Scaling base on
h= Within7days relevant
maximum Standardcode
3 r=10-20% Bonded Inlay
depth of and
damage 4 r=20-30% within15days
Reconstruct specification.
r>30%andh>25 mm
5 slabwithin30
days
0
Noaction. Method
1 t>1mm
Statement
t = texture 2' t=1- 0.6mm base on
Polished Monitorrateof relevant
9 depth,sand 3 t=0.6-0.3mm
Surface/Glazing deterioration Standardcode
patch test
4 t=0.3-0.1mm and
Diamond specification.
5 t<0.1mm
Grindingif
RepairAction
Degree
Type of Measured
S.No. of AssessmentRating Forthecased Forthecased
Distress Parameter
Severity <D/2 >D/2
affecting
50%ormore
slabs in a
continuous
stretch of
minimum
5km.
Within30days
d < 50 mm; h < 25
0 Noaction.
mm;n<1per5m2
d=50-100mm;h< 50
1 mm; n < 1 per 5 m2 Partial depth
repair65mm
d=50-100mm;h> 50 deep.
2 mm; n < 1 per 5 m2 Within15daysMethod
n=
Statement
number/m2
Popout(Small base on
d=diameter d=100-300mm;h Partial depth
10 Hole),Pothole relevant
h= 3 <100mmn<1per5 m2 repair110mm
ReferPara8.4 Standard
maximum i.e.10 mm code and
depth morethanthe specification.
d=100-300mm;h depth
4 >100mm;n<1per 5
ofthe hole.
m2
Within30days
Fulldepth
d>300mm;h>100
5 repair.
mm: n > 1 per 5 m2
Within30days
JointDefects
Notable. L >
25%insufficient Cleanandreapply
protection sealant in
against ingress
3
of water and selectedlocations.
trapping
incompressible Within7days
material.
Severe; w > 3
mm negligible
protection Clean,widenand
againstingress reseal the joint.
5
of water and
trapping Within7days
incompressible
material.
...NIL..., not
0 Noaction.
discernible
50-100mmdeep
repair.
w>80mm,and L
5
> 25% H=w+20%ofw.
Within 30 days
notdiscernible,
0 Noaction.
<1mm Noaction.
Faulting(or
Stepping)in f=difference 1 f<3mm
13
Cracks or of level
Joints Determinecauseand Replace the
2 f=3-6mm observe, take action slab as
fordiamondgrinding appropriate.
Within
3 f=6-12mm DiamondGrinding
30days
ShortTerm LongTerm
...NIL..., not
0
discernible
NoAction
1 h<6mm
shatteredslabs, Replacebrokenslabs.
5 ie 4 or more
pieces Within30days
Notdiscernible,
0
h < 5 mm Noaction.
1 h=5- 15mm
h=15-30mm, Method
h = negative InstallSignstoWarn
2 Nos <20% Statement
vertical Traffic
joints base on
displacement
15 Depression within7days relevant
from normal 3 h=30-50mm
Standardcode
profile L
h>50mmor> Strengthensubgrade. and
=length 4
20% joints specification.
Reinstate pavement
atnormallevelifL< 20
5 h>100mm m.
Within30days
profile.L h=15-30mm,
InstallSignstoWarn
2 Nos<20%
=length Traffic
joints
within7days
3 h=30-50mm
0 h<4mm Noaction
Grind,incaseofnew Construction
construction Limit forNew
1 h=4- 7mm
Construction.
within7days
h = vertical Replace in
displacement Grind, in case of case of new
17 Bump ongoingMaintenance construction.
from normal 3 h=7- 15mm
profile within15days Within
30days
FullDepth
FullDepthRepair. Repair.
5 h>15mm
Within 30 days Within
30days
1 f=3-10mm Spotrepairof
shoulder
2 f=10- 25mm
within7days
Lane to
f=difference
18 Shoulder 3 f=25- 50mm
of level
Dropoff
4 f=50- 75mm For any 100
m stretch
Fillupshoulder Reconstruct
shoulder, if
within 7 dayss
5 f>75mm affecting25%
or more of
stretch.
Within
30days
Drainage
0 notdiscernible NoAction
quantity of
fines and slight/ Inspect and
Repair cracks and
water 1to2 occasionalNos< repair sub-
jointsWithoutdelay.
expelled 10% drainage at
throughopen distressed
joints and appreciable/
Liftorjackslab sectionsand
cracks Nos 3to4 Frequent10-
within30days. upstream.
19 Pumping 25%
Repair distressed
pavement sections.
abundant,crack Strengthensubgrade
Nos/100m
5 development andsubbase.Replace
stretch
>25% slab.
Within30days
Nodiscernible
0-2 Noaction.
problem
Blockages Action
Ponding on Clean drains etc
observed in requiredto
slabsdueto 3to4 within7days,Follow
20 Ponding drains, but stop water
blockage of up
waterflowing damaging
drains
Ponding, foundation
5 accumulationof -do- within 30
waterobserved days.
Table-3:MaintenanceCriteriaforSafetyRelatedItemsandOtherFurnitureItems:
Specific
Frequen Recommen Time limit
ations
Asset Performanc cy of Testing ded for
LevelofService(LOS) and
Type eParameter Measure Method Remedial Rectificatio
Standar
ment measures n
ds
Specific
Frequen Recommen Time limit
ations
Asset Performanc cy of Testing ded for
LevelofService(LOS) and
Type eParameter Measure Method Remedial Rectificatio
Standar
ment measures n
ds
Manual Removalofobstruction IRC:SP
Measure within24hours,incase of 84-
ments sight line affected by 2014
AsperIRCSP:84-2014,a with temporaryobjectssuch
minimum of safe Odometer as trees, temporary
stoppingsightdistance alongwith encroachments.
shall be available video/
image Incaseofpermanent
throughout.
backup structure or design
deficiency:
Desi Desirabl Safe
Availability Removal of
High gn e Stoppi
ofSafeSight Monthly obstruction/improveme
way Spe Minimu ng
Distance ntofdeficiencyatthe
ed, m Sight Sight
earliest
kmp Distance Distan
SpeedRestrictionboards
h (m) ce(m)
and suitable traffic
100 360 180 calming measures such
as transverse bar
80 260 130 marking, blinkers, etc.
shall be applied during
the period of
rectification.
Specific
Frequen Recommen Time limit
ations
Asset Performanc cy of Testing ded for
LevelofService(LOS) and
Type eParameter Measure Method Remedial Rectificatio
Standar
ment measures n
ds
Initial(7 Minimum
days) Threshold level
(TL) & warr anty
period required up
to2ye ars
Upto65 200 80
15 Days in
case of
Gantry/Cant
ilever Sign
boards
Testingof hangeof 48hoursin IRC:67-
each ignboard case of 022
signboard Mandatory
using Signs,
Retro Cautionary
Reflectivit and
y Informator
Measurin y Signs
Retro Asperspecificationsin Bi- g Device. (Singleand
reflectivity IRC:67-2012 Annually In Dual post
accordanc signs)
e with
ASTM D 1Monthin
4956-09. case of
Gantry/Ca
ntilever
Sign
boards
Use of
AsperIRC86:1983 Bi- distance RaisingKerb Within1 RC
KerbHeight dependingupontypeof Annually measuring Height Month 6:1983
Kerb
Kerb tape
Functionality: Visualwith
Kerb Dailyvi deo/imag Kerb Within7- RC
Functioning of Kerb
Painting Repainting days 5:2015
paintingasintended e backup
Specific
Frequen Recommen Time limit
ations
Asset Performanc cy of Testing ded for
LevelofService(LOS) and
Type eParameter Measure Method Remedial Rectificatio
Standar
ment measures n
ds
Functionality: Visualwith Within7 IRC:SP:7
TrafficSafety FunctioningofSafety Daily video/ima Rectificatio days 3-2018,
Barriers Barriers as intended gebackup n IRC:119
-2015
End Functionality: Visualwith Within7 IRC:SP:7
Treatmentof Functioning of End Daily video/ima Rectificatio days 3-2018,
TrafficSafety Treatmentasintended gebackup n IRC:119
Barriers -2015
Visualwith Within7 IRC:SP:7
Functionality: video/ima days 3-
Attenuators Functioning of Daily gebackup Rectificatio 2018IR
n
Attenuatorsasintended C:119-
2015
Functionality: Visualwith
GuardPosts
and
Functioning of Guard Daily video/ima Rectification Within15 IRC:79–
PostsandDelineatorsas gebackup days 1981
Delineators
intended
Visual Within15 IRC:67-
Overhead Overheadsignstructure with days 2022
Daily Rectificati
Sign shall be structurally video/im
on
Structure adequate age
backup
Functionality: Visualwith Within7 IRC:SP:7
Traffic Daily video/ima Rectificati
FunctioningofTraffic days 3-2018
Blinkers on
Blinkersasintended gebackup
The Improvem 24hours IRC:SP:7
illuminatio ent in 3-2018
Illumination:
n level Lighting
Minimum 40 Lux
Daily shall be System
illuminationontheroad
measured
Highway surface
with
Lights
luxmeter
Table4:MaintenanceCriteriaforStructuresandCulverts:
Time Specific
Freque Recomme
Levelof limit ations
Asset Performance ncy of Testing nded
Service for and
Type Parameter Measur Method Remedial
(LOS) Rectific Standar
ement measures
ation ds
Cleaning
Inspecti siltupsoils
on by anddebris
Bridge in culvert
Enginee barrelafter 15days
rasper rainy before
IRC 5-
2times IRCSP: season, onsetof
85% of 2015,
inayear 35- removalof monsoo
Free culvert IRC
(before 1990 bushesand n and
waterway/un normal SP:40-
andafter and vegetation, within
obstructed flowarea 1993and
rainy recordi U/s of 30days
flow section to IRC
season) ng of barrel, afterend
available. SP:13-
depthof under of
2004
silting barreland rainy
andarea D/s of season.
of barrel
vegetati before
on. rainy
season.
Pipe/box
Physical
/slab
inspecti
culverts
on of
expansi 30days
onjoints orbefore
IRC
Noleakage as onsetof
Fixing SP:40-
Leak-proof through Bi- perIRC rains
with 1993and
expansion expansion Annuall SP:35- whichev
sealant IRC
jointsifany joints y 1990if ercomes
suitably SP:69-
any,for earlier
2011
leakage
strains
onwalls
atjoints.
Bridges
No Visual
including
potholein inspecti Repairsto MORT&H
ROBs Ridingquality
wearing on as BC or Specifica
Flyover or user Daily 15 days
coat on perIRC wearing tion
etc. as comfort
bridge SP:35- coat 2811
applicabl
deck 1990
e
Visual Repairsto MORT&H
Bridge - Nobump
inspecti BC on Specifica
Super Bumps at Daily 15 days
on as eitherside tion
Structure expansion
perIRC of 3004.2&
Time Specific
Freque Recomme
Levelof limit ations
Asset Performance ncy of Testing nded
Service for and
Type Parameter Measur Method Remedial
(LOS) Rectific Standar
ement measures
ation ds
joint SP:35- expansion 2811.
1990 joints,
profile
correction
course on
approach
slabincase
of
settlement
toapproach
embankme
nt
Visual
No inspecti
damaged on and Repairs IRC: 5-
User safety ormissing detailed and 1998,IRC
(condition of stretchof conditio replaceme SP:
crash barrier crash Daily nsurvey nt of safety 3days 84-2014
and guardrail) barrieror as per barriersas and IRC
pedestrian IRCSP: the case SP: 40-
hand 35- may be 1993.
railing 1990.
Detailed
conditio
nsurvey
Groutingof
as per
deck slab
IRCSP: MORTH
Rainwater atleakage
35- specificat
seepage Leakage- Quarterl areas, 1
1990 ions2600
throughdeck ...NIL... y waterproof months
using &
slab ing,repairs
Mobile 2700.
todrainage
Bridge
spouts
Inspecti
on Unit
Carry out
Oncein major
every10 rehabilitati
Deflectiondue yearsfor on works
Within Load
to permanent spans on bridge 6 IRC SP:
design test
loads and live more to retain months 51-1999.
limits. method
loads than40 original
m design
loads
capacity
Nodamage
to
elastomeri
c sealant
Detailed
compound
conditio
in strip
nsurvey
seal
as per
expansion MORTH
IRC
joint, no Replaceof specificat
Leakage in Bi- SP:35-
leakageof seal in ions2600
Expansion Annuall 1990 15 days
rainwater expansion and IRC
joints y using
through joint SP:
Mobile
expansion 40-1993.
Bridge
joint in
Inspecti
case of
on Unit
buriedand
asphalt
plug and
copper
strip joint.
Detailed
conditio
MORTH
Debris and nsurvey
No dust or Cleaningof specificat
dust in strip as per
debris in expansion ions2600
seal IRC 3days
expansion Monthly joint gaps and IRC
expansion SP:35-
joint gap. thoroughly SP:
joint 1990
40-1993.
using
Time Specific
Freque Recomme
Levelof limit ations
Asset Performance ncy of Testing nded
Service for and
Type Parameter Measur Method Remedial
(LOS) Rectific Standar
ement measures
ation ds
Mobile
Bridge
Inspecti
on Unit
Cleaningof
drainage
spouts
thoroughly
.
Replaceme
No down nt of
Detailed
take pipe missing/br
conditio
missing/b oken down
nsurvey
roken take pipes
as per
below with a
IRCSP:
soffit of minimum
35- MORTH
Drainage the deck pipe
1990 3days specificat
spouts slab. No Monthly extension
using ion2700.
silt,debris, of500mm
Mobile
cloggingof belowsoffit
Bridge
drainage of
Inspecti
spout slab.
on Unit
collection Providing
chamber. sealant
aroundthe
drainage
spout if
any
leakages
observed.
Detailed All the
conditio corroded
nsurvey reinforcem
as per ent shall
IRC SP:
Nocracks, IRCSP: needtobe
Cracks/spallin 40-1993
Bridge- spallingof Bi- 35- thoroughly
g of and
substruct concrete Annuall 1990 cleaned 30 days
concrete/rust MORTH
ure andrusted y using from
ed steel specificat
steel Mobile rustingand
ion2800.
Bridge applied
Inspecti with anti-
on Unit corrosive
coating
Time Specific
Freque Recomme
Levelof limit ations
Asset Performance ncy of Testing nded
Service for and
Type Parameter Measur Method Remedial
(LOS) Rectific Standar
ement measures
ation ds
before
carrying
outrepairs
to
substructu
re by
grouting/g
unitingand
micro
concreting
depending
ontypeof
defect
noticed
Incaseof
Delaminat failure of
ion of even one
bearing bearingon
reinforce Detailed any
ment not conditio pier/abut
morethan nsurvey ment, all
5%, as per the
MORTH
crackingor IRCSP: bearingson
specificat
tearing Bi- 35- that
3 ion 2810
Bearings ofrubber Annuall 1990 pier/abut
months andIRC
not more y using mentshall
SP:40-
than 2 Mobile bereplaced,
199.
locations Bridge inorderto
per side, Inspecti getuniform
norupture on Unit load
ofreinforce transferon
ment or tobearings.
rubber
Scouring
IRC SP:
shall not Conditi Suitable
40-1993,
be lower on protection
Bridge Scouring Bi- IRC 83-
than survey works 1
Foundati around Annuall 2014,
maximum and around month
ons foundations y MORTH
scourlevel visual pier/abut
specificat
for the inspect ment
ion 2500
bridge ion as
Time Specific
Freque Recomme
Levelof limit ations
Asset Performance ncy of Testing nded
Service for and
Type Parameter Measur Method Remedial
(LOS) Rectific Standar
ement measures
ation ds
per
IRC
SP:35-
1990
using
Mobile
Bridge
Inspect
ion
Unit.
In case
ofdoubt,
use
Underw
ater
camera
for
inspecti
on of
deep
wellsin
major
Rivers.
Damaged
of rough
30days
stone
after
apron or
defect
bank
2times Conditi observa
revetment
inayear on tionor2 IRC: SP
not more Repairsto
Protection (before survey weeks 40-1993
than 3 damaged
works in good andafter as per before and
sq.m, apronsand
condition rainy IRC onsetof IRC:SP:1
damageto pitching.
season) SP:35- rainy 3-2004.
solidapron
1990 season
(concrete
whichev
apron)not
er is
morethan
earlier.
1 sq.m
Note:Any Structure during the entire contract period which is found that does not complies
withallrequirementsofthis Tablewillbeprepared,rehabilitatedorevenreconstructedunderthescope
of the contractor.
Table5:MaintenanceCriteriaforHillRoads
Inadditiontoabove,forhillroadsthefollowingprovisionsformaintenanceisalsotodone.
HillRoads
(i) DamagetoRetainingwall/Breastwall 7(Seven) days
(ii) Landslidesrequiringclearance 12(Twelve)hours
(iii) Snowrequiringclearance 24(TwentyFour)hours
Note:For all tables 1 to 5 above, latest BIS & IRC standards (even those not indicated
herewith)alongwithMoRTHspecificationsshallbebindingforallmaintenanceactivities.
b.FlexiblePavement
NatureofDefectordeficiency Timelimitforrepair/rectification
(b) Granularearthshoulders,sideslopes,drainsandculverts
(i) Variationbymorethan1%in theprescribedslopeof 7(seven) days
camber/cross fall (shall not be less than the camber
on the main carriageway)
(ii) Edgedropatshouldersexceeding40mm 7(seven) days
(iii) Variationbymorethan15%intheprescribedside 30(thirty)days
(embankment) slopes
(iv) Raincuts/gulliesinslope 7(seven) days
(v) Damagetoorsiltingofculvertsandsidedrains 7(seven) days
(vi) Desiltingofdrainsinurban/semi-urbanareas 24(twenty-four)hours
(vii) Railing,parapets,crashbarriers 7(seven)days(Restoreimmediately if
causing safety hazard)
(c) Roadsidefurnitureincludingroadsignandpavementmarking
(i) Damagetoshapeorposition,poorvisibilityorlossof 48(forty-eight)hours
retro- reflectivity
(ii) Paintingofkmstone,railing,parapets,crashbarriers Asandwhenrequired/Once everyyear
(b) Foundations
(i) Scouringand/orcavitations 15(fifteen)days
(c) Piers,abutments,returnwallsandwingwalls
(i) Cracksanddamagesincludingsettlementandtilting, 30(thirty)days
spalling, scaling
(d) Bearings(metallic)ofbridges
(i) Deformation,damages,tiltingorshiftingofbearings 15(fifteen)daysGreasingofmetallic
bearings once in a year
(e) Joints
(i) Malfunctioningofjoints 15(fifteen)days
(f) Otheritems
(i) Deformingofpadsinelastomericbearings 7(seven) days
(ii) Gatheringofdirtinbearingsandjoints;orcloggingof 3(three) days
spouts,weep holes andvent-holes
[Note:Wherenecessary,theAuthoritymaymodifythetimelimitforrepair/rectification,oradd to the
nature of Defect or deficiency before issuing the bidding document, with the approval of the
competent authority.]
SCHEDULE-F
(SeeClause3.1.7(a))
B. APPLICABLEPERMITS
1. ApplicablePermits
1.1 TheContractorshallobtain,asrequiredundertheApplicableLaws,thefollowingApplicable Permits:
(a) PermissionoftheStateGovernmentforextractionofbouldersfromquarry;
(b) PermissionofVillagePanchayatsandPollutionControlBoardforinstallationofcrushers;
(c) Licenseforuseofexplosives;
(d) PermissionoftheStateGovernmentfordrawingwaterfromriver/reservoir;
(f) ClearanceofPollutionControlBoardforsettingupbatchingplant;
(g) ClearanceofVillagePanchayatsandPollutionControlBoardforsettingupasphaltplant;
(h) PermissionofVillagePanchayatsandStateGovernmentforborrowearth;and
(i) AnyotherpermitsorclearancesrequiredunderApplicableLaws.
1.2 ApplicablePermits,asrequired,relatingtoenvironmentalprotectionandconservationshall
havebeenprocuredbytheAuthorityinaccordancewiththeprovisionsofthisAgreement.
SCHEDULE -G
(SeeClauses7.1and19.2)
C. FORMOFBANKGUARANTEE
Annex-IPerformanceSecurity/AdditionalPerformanceSecurity
(SeeClause7.1.1)
ChiefEngineer&ProjectDirector (EAP)through
Executive Engineer,
Public Works Division, Ahmednagar. (Maharashtra).
WHEREAS:
(A) [nameandaddressofcontractor](hereinaftercalledthe“Contractor")hasexecutedan agreement
(hereinafter called the “Agreement”) with the Public Works Department, Govt of
Maharashtra, through Executive Engineer, Public Works Division, Ahmednagar(hereinafter
called the “Authority”) for the Construction & Improvement of existing carriageway to two-
lanes with/without paved shoulder EPC 61 - Improvement to Kolgaon Surodi Vadali
Shrigonda Pedgaon Road (MDR 62) from Km. 0/000 to 21/000 (Total Length 21.00 Km.) Tal.
Shrigonda Dist. AhmednagarMaharashtra on Engineering, Procurement and Construction
(EPC) mode in the State of Maharashtra, subject to and in accordance with the provisions of
the Agreement.
(B) The Agreement requires the Contractor to furnish a Performance Security for due and faithful
performance of its obligations, under and in accordance with the Agreement,
duringthe{ConstructionPeriod/DefectsLiabilityPeriodandMaintenancePeriod}(as defined in
the Agreement) in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee Amount”).
(C) We,…………………..throughourbranchat… (the“Bank”)haveagreedtofurnish
this bank guarantee (hereinafter called the “Guarantee”) by way of Performance
Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects
LiabilityPeriodandMaintenancePeriod}underandinaccordancewiththeAgreement,
andagreesandundertakestopaytotheAuthority,uponitsmerefirstwrittendemand, and
without any demur, reservation, recourse, contest or protest, and without any
referencetotheContractor,suchsumorsumsuptoanaggregatesumoftheGuarantee Amount as
the Authority shall claim, without the Authority being required to prove or to show grounds
or reasons for its demand and/or for the sum specified therein.
2. AletterfromtheAuthority,underthehandofanofficernotbelowtherankof[General
ManagerintheNationalHighwaysAuthorityofIndia],thattheContractorhascommitted default
in the due and faithful performance of all or any of its obligations under and in accordance
with the Agreement shall be conclusive, final and binding on the Bank. The Bank further
agrees that the Authority shall be the sole judge as to whether the Contractor is in default in
due and faithful performance of its obligations during and under the Agreement and its
decision that the Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor, or any dispute
between them pending before any court, tribunal, arbitrators or any other authority or
body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the
Bank, whether by their absorption with any other body or corporation or otherwise, shall
not in any way or manner affect the liability or obligation of the Bank under this Guarantee.
4. Itshallnotbenecessary,andtheBankherebywaivesanynecessity,fortheAuthorityto proceed
against the Contractor before presenting to the Bank its demand under this Guarantee.
5. TheAuthorityshallhavetheliberty,withoutaffectinginanymannertheliabilityofthe Bank under
this Guarantee, to vary at any time, the terms and conditions of the Agreement or to extend
the time or period for the compliance with, fulfilment and/ or performance of all or any of
the obligations of the Contractor contained in the Agreement or to postpone for any time,
and from time to time, any of the rights and powers exercise able by the Authority against
the Contractor, and either to enforce or for bear from enforcing any of the terms and
conditions contained in the Agreement
and/orthesecuritiesavailabletotheAuthority,andtheBankshallnotbereleasedfrom its liability
and obligationunderthesepresentsbyanyexercisebytheAuthorityoftheliberty with reference to
the matters aforesaid or by reason of time being given to the Contractor or any other
forbearance, indulgence, act or omission on the part of the Authority or of any other matter
or thing whatsoever which under any law relating to sureties and guarantors would but for
this provision have the effect of releasing the
BankfromitsliabilityandobligationunderthisGuaranteeandtheBankherebywaives all of its
rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Agreement or for the fulfilment, compliance and/or performance of all or any of the
obligations of the Contractor under the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank
underthisGuaranteeisrestrictedtotheGuaranteeAmountandthisGuarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing is
made by the Authority on the Bank under this Guarantee all rights of the
AuthorityunderthisGuaranteeshallbeforfeitedandtheBankshallberelievedfrom
(CodeNumber)
(Address)
NOTES:
(i) Thebankguaranteeshouldcontainthename,designationandcodenumberofthe
officer(s) signing the guarantee.
(ii) The address, telephone number andother details of thehead office ofthe Bank as
well asofissuingbranchshouldbementionedonthecoveringletterofissuingbranch.
Annex–II:FormforGuaranteeforAdvancePayment
(Schedule - G)
(SeeClause19.2)
ChiefEngineer&ProjectDirector (EAP)through
Executive Engineer,
Public Works Division, Ahmednagar (Maharashtra).
WHEREAS:
(A) [nameandaddressofcontractor](hereinaftercalledthe“Contractor")hasexecutedan
agreement (hereinafter called the “Agreement”) with the Public Works Department, Govt
of Maharashtra, through Executive Engineer, Public Works Division,
Ahmednagar(hereinafter called the “Authority”) for the Construction & Improvement of
existing carriageway to two-lanes with/without paved shoulder EPC 61 - Improvement to
Kolgaon Surodi Vadali Shrigonda Pedgaon Road (MDR 62) from Km. 0/000 to 21/000 (Total
Length 21.00 Km.) Tal. Shrigonda Dist. AhmednagarMaharashtra on Engineering,
Procurement and Construction (EPC) mode in the State of Maharashtra, subject to and in
accordance with the provisions of the Agreement.
(B) The Agreement requires the Contractor to furnish a Performance Security for due
and faithful performance of its obligations, under and in accordance with the
Agreement,
duringthe{ConstructionPeriod/DefectsLiabilityPeriodandMaintenancePeriod}(as
definedintheAgreement)inasumofRs…..cr.(Rupees… .............. crore)(the“Guarantee
Amount”)
(C) We,…………..throughourbranchat… .............. (the“Bank”)haveagreedtofurnishthis
bankguarantee(hereinaftercalledthe“Guarantee”)bywayofPerformanceSecurity.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:
1. TheBankherebyunconditionallyandirrevocablyguaranteesthedueandfaithful.
2. A letter from the Authority, under the hand of an officer not below the rank of General
ManagerinthePublicWorksDepartment,Maharashtra,thattheContractorhascommitted
default in the due and faithful performance of all or anyof its obligations under and in
accordance with the Agreementshallbeconclusive, final and binding on the Bank. The
Bank further agrees that the Authorityshall be the sole judge as to whether the
Contractor isindefaultindueandfaithfulperformanceofitsobligationsduringandunderthe
AgreementanditsdecisionthattheContractorisindefaultshallbefinalandbindingonthe
Bank, notwithstanding any differences between the Authority and the Contractor, orany
disputebetweenthempendingbeforeanycourt,tribunal,arbitratorsoranyotherauthority
or body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall
notinanywayormanneraffecttheliabilityorobligationoftheBankunderthisGuarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for theAuthority to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the
Agreement ortoextend the time or period for the compliance with, fulfillmentand/ or
performance of
alloranyoftheobligationsoftheContractorcontainedintheAgreementortopostponefor any
time, and from time to time, any of the rights and powers exercisable by the Authority
againsttheContractor,andeithertoenforceorforbearfromenforcinganyofthetermsand
conditionscontainedintheAgreementand/orthesecuritiesavailabletotheAuthority,and
theBankshallnot be released from its liability and obligation under these presents by
any exercisebytheAuthorityofthelibertywithreferencetothemattersaforesaidorbyreason
of time being given to the Contractor or any other forbearance, indulgence,act
oromission on the part of the Authority or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision
have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any suchlaw.
6. This Guarantee is in addition to and not in substitution of any other guarantee or
security now or which may hereafter be held by the Authority in respect of or relating
to the Agreement or for the fulfillment, compliance and/or performance of all or any of
the obligations of the Contractor under the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
GuaranteeisrestrictedtotheGuaranteeAmountandthisGuaranteewillremaininforcefor
the period specifiedinparagraph 8 below andunless a demandorclaimin writingismade
by the Authority on the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeitedand theBankshall be relievedfromits liabilitieshereunder.
8. TheGuaranteeshallceasetobeinforceandeffecton****$.Unlessademandorclaimunder this
Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it
has thepowertoissuethisGuaranteeandtheundersignedhasfullpowerstodosoonbehalfof
the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressedtotheBankatitsabovereferredbranch,whichshallbedeemedto havebeenduly
authorized to receive such notice and to effect payment thereof forthwith, and if sent by
postitshallbedeemedtohavebeengivenatthetimewhenitoughttohavebeendelivered
induecourseofpostandinprovingsuchnotice,whengivenbypost,itshallbesufficientto
prove that the envelope containing the notice was posted and a certificate signed by an
officer of the Authority that the envelope was so posted shall beconclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released earlier
by the Authority pursuant to the provisions of the Agreement.
12. This guarantee shall also be operatable at our… Branch at Mumbai, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof shall
be
madeavailableondemand.Inthecontingencyofthisguaranteebeinginvokedandpayment
thereunder claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.
13. The guarantor/bank hereby confirms that it is on the SFMS(Structural Finance Messaging
System)platform&shallinvariablysendanadviceofthisBankGuaranteetothedesignated
bank of PWD, details of which is as under:
NOTES:
Contractor Executive Engineer,
Public Works Division, Ahmednagar
EPC 61 - Improvement to Kolgaon Surodi Vadali Shrigonda Pedgaon Road (MDR 62)
from Km. 0/000 to 21/000 (Total Length 21.00 Km.) Tal. Shrigonda Dist.
Ahmednagar
(i) Thebankguaranteeshouldcontainthename,designationandcodenumberofthe
officer(s) signing the guarantee.
(ii) The address, telephone number andother details of thehead office ofthe Bank as
well asofissuingbranchshouldbementionedonthecoveringletterofissuingbranch.
SCHEDULE- J
(SeeClause10.3.2)
J. PROJECTCOMPLETIONSCHEDULE
1. ProjectCompletionSchedule
During Construction period, the Contractor shall comply with the requirements set forth in this
Schedule-J for each of the Project Milestones and the Scheduled Completion Date. Within 15
(fifteen) days of the date of each Project Milestone, the Contractor shall notify the Authority of such
compliance along with necessary particulars thereof.
2. ProjectMilestone-I
2.1 ProjectMilestone-shalloccuronthedatefallingonthe192nd(OnehundredandNinety second)day
from the Appointed Date (the “Project Milestone- I”).
2.2 Prior to the occurrence of Project Milestone-I, the Contractor shall have commenced
construction of the Project Highway and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 10% (Ten percent) of the Contract
Price.
3. ProjectMilestone-II
3.1 Project Milestone-II shall occur on the date falling on the 329 th(three hundred and
twentyninth) day from the day from the Appointed Date (the “Project Milestone- II”).
3.2 Prior to the occurrence ofProject Milestone-II, the Contractor shall have continued with
construction of the Project Highway and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 35% (Thirty Five per cent) of the
Contract Price and should have started construction of all bridges.
4. ProjectMilestone-III
4.1 Project Milestone-III shall occur on the date falling on the 466th(four hundred and sixtysixth)
day from the Appointed Date (the “Project Milestone- III”).
4.2 Prior to the occurrence of Project Milestone-III, the Contractor shall have continued with
construction of the Project Highway and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 70% (Seventy Percent) of the
Contract Price and should have started construction of all project facilities.
5. ScheduledCompletionDate
5.1 The Scheduled Completion Date shall occur on the548th(five hundred and forty eighth) days
from the Appointed Date [Scheduled Construction Period].
5.2 OnorbeforetheScheduledCompletionDate,theContractorshallhavecompletedconstruction in
accordance with this Agreement.
6. Extensionoftime
Upon extension of any or all of the aforesaid Project Milestones or the Scheduled Completion
Date, as the case may be, under and in accordance with the provisions of this Agreement, the
Project Completion Schedule shall be deemed to have been amended accordingly.
ScheduleK
(SeeClause 12.1.2)
K. TESTSONCOMPLETION
1. Schedulefor Tests
1.1 The Contractor shall, no later than 30 (thirty) days prior to the likely completion of
construction, notify the Authority’s Engineer and the Authority of its intent to subject the
Project Highway to Tests, and no later than 10 (ten) days prior to the actual date of Tests,
furnish to the Authority’s Engineer and the Authority detailed inventory and particulars of
all works and equipment forming part of Works.
1.2 The Contractor shall notify the Authority’s Engineer of its readiness to subject the Project
Highway to Tests at any time after 10 (ten) days from the date of such notice, and upon
receipt of such notice, the Authority’s Engineer shall, in consultation with the Contractor,
determine the date and time for each Test and notify the same to the Authority who may
designate its representative to witness the Tests. The Authority’s Engineer shall thereupon
conduct the Tests itself or cause any of the Tests to be conducted in accordance withArticle
12 and this Schedule-K.
2. Tests
2.1 Visual and physical test: The Authority’s Engineer shall conduct a visual and physical
check of construction to determine that all works and equipment forming part thereof
conform to the provisions of this Agreement. The physical tests shall include all the tests
required for quality control or as decided with authority’s engineer at the time of physical
tests as per relevant IRC and MORTH specifications
2.2 Riding quality test: Riding quality of each lane of the carriageway shall be checked with
the help of a calibrated bump integrator and the maximum permissible roughness for
purposes of this Test shall be [2,000 (two thousand)] mm for each kilometer.
2.3 Tests for bridges: All major and minor bridges shall be subjected to the rebound hammer
and ultrasonic pulse velocity tests, to be conducted in accordance with the procedure
described in Special Report No. 17: 1996 of the IRC Highway Research Board on
Nondestructive Testing Techniques, at two spots in every span, to be chosen at random by
the Authority’s Engineer. Bridges with a span of 15 (fifteen) meters or more shall also be
subjected to load testing.
2.4 Pavement Strength: The pavement strength is to be measured using Falling Weight
Deflect meter (FWD), at least once a year upon Completion of Project.
2.5 Other tests: The Authority’s Engineer may require the Contractor to carry out or cause to
be carried additional tests, in accordance with Good Industry Practice, for determining the
compliance of the Project Highway with Specifications and Standards, except tests as
specified in clause 5, but shall include measuring the reflectivity of road markings and road
signs; and measuring the illumination level (lux) of lighting using requisite testing
equipment.
2.6 Environmental audit: The Authority’s Engineer shall carry out a check to determine
conformity of the Project Highway with the environmental requirements set forth in
Applicable Laws and Applicable Permits.
2.7 Safety Audit: The Authority’s Engineer shall carry out, or cause to be carried out, a safety
audit to determine conformity of the Project Highway with the safety requirements and
Good Industry Practice.
3. AgencyforconductingTests
AllTestssetforthinthisSchedule-KshallbeconductedbytheAuthority’sEngineerorsuch other
agency or person as it may specify in consultation with the Authority.
4. CompletionCertificate
UponsuccessfulcompletionofTests,theAuthority’sEngineershallissuetheCompletionCertificate in
accordance with the provisions of Article 12.
5. TestsByAuthorityEngineer
The Authority Engineer will carry out tests with following equipment at his own cost in the
presence of contractor’s representative
Sr. Keymetricsof
Equipmenttobeused Frequencyofconditionsurvey
No. Asset
1 Surfacedefects NetworkSurveyVehicle Atleasttwiceayear(Aspersurveymonths
of pavement (NSV) defined for the state basis rainy season)
2 Roughnessof NetworkSurveyVehicle Atleasttwiceayear(Aspersurveymonths
pavement (NSV) defined for the state basis rainy season)
3 Strengthof Falling Weight Atleastonceayear
pavement Deflectometer(FWD)
4 Bridges Mobile Bridge Atleasttwiceayear(Aspersurveymonths
InspectionUnit(MBU) defined for the state basis rainyseason)
5 Roadsigns Retro-reflectometer Atleasttwiceayear(Aspersurveymonths
defined for the state basis rainy season)
ThefirsttestingwiththehelpofNSVshallbeconductedatthetimeofissueofCompletionCertificate.
SCHEDULE- L
(SeeClause12.2and12.4)
L. CERTIFICATES
1. CompletionCertificate
2. It is certified that, in terms of the aforesaid agreement, all works forming part of Project
Highway have been completed, and the Project Highway is hereby declared fit for entryinto
operation on this the………day of……… 20….
SIGNED,SEALEDANDDELIVERED
ForandonbehalfoftheAuthority’sEngineerby:
(Signature)
(Name)
(Designation)
(Address)
SCHEDULE-M
(SeeClauses 14.6,15.2 and19.7)
M. PAYMENTREDUCTIONFORNON-COMPLIANCE
1. Paymentreductionfornon-compliancewiththeMaintenanceRequirements
1.1 Monthly lump sum payments for maintenance shall be reduced in the case of non-
compliance with the Maintenance Requirements set forth in Schedule-E.
1.2 Anydeductionmadeonaccountofnon-compliancewiththe MaintenanceRequirements
shall not be paid even after compliance subsequently. The deductions shall continue to
be made every month until compliance is done.
1.3 The Authority’s Engineer shall calculate the amount of payment reduction on the basis
of weightage in percentage assigned to non-conforming items as given in Paragraph 2.
2. Percentagereductionsinlumpsumpayments
2.1 Thefollowingpercentagesshallgovernthepaymentreduction:
(i) Cleaning,painting,replacementof 5%
SCHEDULE- N
(SeeClause18.1.1)
N. SELECTIONOFAUTHORITY’SENGINEER
1. SelectionofAuthority’sEngineer
1.1 The provisions of the Model Request for Proposal for Selection of Technical Consultants,
issued by the Ministry of Finance in May 2009, or any substitute thereof shall apply for
selection of an experienced firm to discharge the functions and duties of an Authority’s
Engineer.
1.2 In the event of termination of the Technical Consultants appointed in accordance with the
provisions of Paragraph 1.1, the Authority shall appoint another firm of Technical
Consultantsforthwithandmayengageagovernment-ownedentityinaccordancewiththe
provisions of Paragraph 3 of this Schedule-N.
2. Termsof Reference
The Terms of Reference for the Authority’s Engineer (the “TOR”) shall substantially conform
with Annex 1 to this Schedule N.
3. AppointmentofGovernmententityasAuthority’sEngineer
Notwithstanding anything to the contrary contained in this Schedule, the Authority may in its
discretion appoint a government-owned entity as the Authority’s Engineer; provided that such
entity shall be a body corporate having as one of its primary functions the provision of
consulting, advisory and supervisory services for engineering projects; provided further that a
government-owned entity which is owned or controlled by the Authority shall not be eligiblefor
appointment as Authority’s Engineer.
Annex–I:TERMSOFREFERENCEFORAUTHORITY’SENGINEER PACKAGE
AE -5, AE-6 AND AE-7
(Schedule - N)
I. Background
The Government of Maharashtra has applied for a loan from the Housing and Urban Development
Corporation Ltd (HUDCO) towards the cost of state road improvements in Maharashtra with the primary
objective of the improvement of State Highways and/or Major District Roads under Engineering
Procurement and Construction (EPC) Contracts. Public Works Department, Maharashtra
(MPWD/Authority) will be the executing agency for the project.
Under this project,760.85 kilometers of state highway and/or major district roads are proposed for
improvement under EPC Contracts (as detailed below) and is expected to commence by May 2024. The
Authority intends to appoint Authority Engineer (AE) for the packages grouped as below:
Estimated
Consul- Indicative
duration of
tancy Length Contract EPC Cost
Project Name the
Package in Km Period in INR
services of
No. Crores
the AE*
EPC-50 - Improvement of Vijaydurg
Padel Waghotan Tarla Road SH-177 Km
52.46 12 years 417.37 5 years
0/00 to 52/455 Taluka - Kankavali and
Devgad, District - Sindhudurg.
EPC-51 - Improvement of Pandharpur
Degaon Chincholi Takali Sikandar
Kurul to SH-202 Road MDR-66 Km 33.90 12 years 271.20 5 years
0/00 to 33/900 Tal-Padharpur and
Mohol Dist-Solapur
EPC-52 - Improvement of Malharpeth
Umbraj Masur Mayani Dighanchi
Pandharpur Road SH 143 KM 0/00 to
60/00 Part Malharpeth Umbraj Masur 60.00 12 years 480.00 5 years
Authority
Mayani to Satara District Border
Engineer
Taluka-Patan, Karad, Man District -
AE 8
Satara
EPC-53 - 1) Improvement To SH 189 To
Gargoti Pushpnagar Sonarwadi Madur
Sheloli Vengrul Mamdapur Navale
Vesarde Bagdewadi Ukirbhatale
Chafewadi Mathgaon Shivadav Pati To
Road Joining SH 179, MDR 52 Km
36.00 12 years 246.39 5 years
0/000 To 15/ 000 Taluka - Bhudargad,
District – Kolhapur
2) Improvement To Road Joining MDR
52 To Navale Devkandgaon Pernoli
Ajara Road MDR 58 Km 0/000 To
21/800 Taluka – Bhudargad And Ajara,
Contractor Executive Engineer,
Public Works Division, Ahmednagar
EPC 61 - Improvement to Kolgaon Surodi Vadali Shrigonda Pedgaon Road (MDR 62) from Km.
0/000 to 21/000 (Total Length 21.00 Km.) Tal. Shrigonda Dist. Ahmednagar
Estimated
Consul- Indicative
duration of
tancy Length Contract EPC Cost
Project Name the
Package in Km Period in INR
services of
No. Crores
the AE*
District-Kolhapur. (PhaseIII)
EPC-54 - Improvements to Kanhe Phata
Takve Wadeshwar Kusur Khandi
42.00 12 years 336.00 5 years
Sawala Road MDR22 Km 1/00 to 43/00
Tal Maval Dist. Pune
EPC-55 - Improvements Kadus Khed
Gulani Wafgaon Loni Road MDR 15
30.20 12 years 241.60 5 years
Km. 34/500 to 64/700 Tal. Khed Dist.
Pune
EPC-56 - Improvements Junnar
Hapusbag Yedgaon to 14 Number Road
Km 44/00 to 61/00 , MDR 1 and NH-50
Salwadi Bori Belha Road MDR 8, Km
38.50 12 years 308.00 5 years
0/00 to 4/500 and Bhorwadi to
Nimagaon sava Jambut Road MDR 9,
Km 0/00 to 17/00 Tal Junnar Dist.
Pune
EPC-57 - Improvements to Shirur Supa
Sangavi S.H. 118 56/00 to 98/00 Tal. 42.00 12 years 336.00 5 years
Baramati Dist. Pune
EPC-58 - Improvement Of Dahanu-
Kasa-Jawhar-Road SH-30 Km 0/00 To
25/300. (Part Dahanu To NH-8) 25.10 12 years 249.79 5 years
Taluka:-Vikramgad, Dahanu & Jawhar
Distrit : - Palghar.
EPC-59 - Improvement of Nashik-
Nifad-Yeola-Vaijapur-Aurangabad Road
56.00 12 years 560.00 5 years
MSH-2 Km 179/00 to 235/00 Tal-
Yeola, Dist-Nashik
EPC-60 - Improvements to
Devibhoyare Phata Supa Sarola Khadki
45.30 12 years 362.40 5 years
Authority Road SH 69, Km 0/00 to 48/00
Engineer Tal.Parner, Dist. Ahmadnagar.
AE-9 EPC-61 - Improvement to Kolgaon
Surodi Vadali Shrigonda Pedgaon Road
(MDR 62) from Km. 0/000 to 21/000 21.00 12 years 167.76 5 years
(Total Length 21.00 Km.) Tal.
Shrigonda Dist. Ahmadnagar.
EPC-62 - Improvement of Amthana
Ambhai Undangaon Golegaon
Panvadod Anva road SH 214 KM 81/00 42.50 12 years 340.00 5 years
to 123/500 Taluka Sillod District
Aurangbad
EPC-63 - Improvement to SH-249 to
29.10 12 years 232.80 5 years
Yerendeshwar Ridhora Palshi Lingi
Estimated
Consul- Indicative
duration of
tancy Length Contract EPC Cost
Project Name the
Package in Km Period in INR
services of
No. Crores
the AE*
Pimplachore Babhulgaon Asegaon
joining to SH-256 road Km. 0/00 to
29/100 MDR-15 Tal-Basmath Dist-
Hingoli.
EPC-64 - Improvement of Latur-Kavha-
Jamalpur-Hasegaon-Wadi-Aapchunda
Jawali-Lamajana Pati Road MDR-51 Km 32.35 12 years 258.46 5 years
0/000 to 31/250 Taluka-Ausa, District
- Latur
EPC-65 - Improvement of
ChatrapurKhumari Bhandarbodi salai
aasoli aaroli pardi nimkheda bhendala
27.50 12 years 220.00 5 years
dhamnagaon mouda road MDR-20 Km
34/500 to 62/200 (part Mauda to
Aroli) Taluka Kamathi District Nagpur
EPC-66 - Improvement to SH-753 to
Palora Pipala Garanda Vaghota
Ghatrohana Old Kamthi Gadeghat
Pipari Kanhan connecting to NH-44
27.75 12 years 222.12 5 years
Road, MDR- 148 Km 0/00 to 27/750
(Total Length = 27.750 Km) Taluka -
Parshivani, District – Nagpur. (Part -
Palora to Kanhan)
EPC-67 - Improvement to Boragaon
Dhanala Revaral Kodamendhi Road
MDR 25, Km 6/200 to 27/200 (Total
Authority 21.00 12 years 167.23 5 years
Length = 21.00Km) Taluka - Mauda,
Engineer
District – Nagpur. (Part - Borgaon to
AE-10
Kodamendhi)
EPC-68 - Improvement to Kosara Soit
Madheli Varora Jamgaon Pavna
Velgaon Chandankheda Mugholi
Moharli Chandrapur to road joining 33.05 12 years 264.53 5 years
MSH 9, SH 371 Km 7/155 to 40/205
District - Chandrapur. (Part - Kosara -
Varora - Pawana)
EPC-69 - Improvement to Dahegaon
Vaygaon Kosurla Katri (SH 322(A),
322,267) Road (Part - Devali to
44.60 12 years 356.67 5 years
Kosurla) (Total Length =44.60 Km)
Taluka - Deoali District – Wardha. (Part
- Degaon - Deoli to Kosurla)
EPC-70 - Improvement to Morshi Ashti
Thar Pardi Road SH-292 Km 238/00 to 20.54 12 years 158.85 5 years
245/00 Taluka - Ashti (Part -1) &
Estimated
Consul- Indicative
duration of
tancy Length Contract EPC Cost
Project Name the
Package in Km Period in INR
services of
No. Crores
the AE*
Morshi Ashti Thar Pardi Road SH 292
Km 245/00 to 259/00 & SH-323
Missing Length 3.00 Km (Total Length
= 21.00Km) Taluka-Karanja District –
Wardha. (Part - Ashti to Nara Godhani)
*24monthsConstructionperiod+03yearsOperations&Maintenanceperiod
AuthorityintendstoappointAuthorityEngineer(AE)forthepackagesgroupedasbelow:
EPC Contract Package No. 50
EPC Contract Package No. 51
EPC Contract Package No. 52
EPC Contract Package No. 53
Authority Engineer AE 8
EPC Contract Package No. 54
EPC Contract Package No. 55
EPC Contract Package No. 56
EPC Contract Package No. 57
EPC Contract Package No. 58
EPC Contract Package No. 59
EPC Contract Package No. 60
Authority Engineer AE 9 EPC Contract Package No. 61
EPC Contract Package No. 62
EPC Contract Package No. 63
EPC Contract Package No. 64
EPC Contract Package No. 65
EPC Contract Package No. 66
EPC Contract Package No. 67
Authority Engineer AE 10
EPC Contract Package No. 68
EPC Contract Package No. 69
EPC Contract Package No. 70
The Authority Engineer will be appointed for a period of 05 years (2 years Construction period+ 03 years
Operations & Maintenance period) under the provisions of this contract.
1. The authority has issued RFP for three Authority Engineer packages namely Package AE 8, AE 9 and
Package AE 10. A firm can submit their financial offer for all packages. However, the firm will be allotted
maximum one package. This selection of package will be based on QCBS including Assessment of Least
Cost to Government under special circumstances i.e. when an AE with a particular team becomes most
preferred bidder (H-1) in more than one package.
To ensure high quality designs and construction of all works, project management, timely
implementation of the project, compliance with safeguards requirements of the contract and
generally meeting all contract requirements as per good engineering practices, EPC
Agreement, which conforms with applicable standards and technical specifications.
To train and build capacity in the Authority’s staff and designated Contractor’s staff.
1.1 These Terms of Reference for the Authority Engineer (“AE”) relate to the EPC Agreement of the
packages. The EPC Agreement will be awarded competitively by the MPWD or the Authority
(“Authority’’) to the lowest evaluated bidder (subsequently referred to as “Contractor”). The term
the “Authority” which expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors, and assigns. The term ‘’Contractor’’ refers collectively to
any subcontractors, suppliers, designers, consultants, etc. employed by the Contractor in
fulfillment of its obligations provided under the EPC Agreement. The AE will be selected
competitively in accordance with the prevailing regulations, as amended from time to time”.
1.2 In taking actions and making decisions, the AE shall be guided by professional values of project
management, encompassing responsibility, respect, fairness and honesty. The AE shall exercise
its responsibility by taking ownership for decisions made, actions taken and the consequences
that may result. The AE’s decisions and actions shall be based on the best interests of the parties
to the EPC Agreement, as well as public safety and social and environment safeguards. If
necessary, the AE shall be ready to take ownership for errors and omissions, promptly
communicate them to the affected parties and make corrections. The AE shall be fully familiar
with and uphold the agreed policies, rules and the respective rights and obligations of the
Authority and the Contractor under the EPC Agreement. The AE shall demonstrate respect by
listening to and understanding the views of others, negotiating in good faith and not acting in an
abusive and arbitrary manner. It shall always remain the duty of the AE to apply fairness through
conduct which is conducive to consistent impartiality and objectivity. Transparency, truthfulness
and avoidance and/ or disclosure of real or potential conflicts of interest shall complement the
AE’s reputation for honesty.
2.1 The AE shall be responsible for the review of designs prepared by the EPC Contractors, including
drawings and specifications, superintendence of the EPC Contractor’s performance under the EPC
Agreement, progress monitoring, technical and quality control, evaluations of construction,
certification and completion of the works by the EPC Contractor, and duties related to taking over
and the defects liability period. The AE shall be present at all times during the day-to-day
implementation of the Design and Construction Period and as required for the fulfilment of its
assignment during the Operation and Maintenance Period. Having been appointed by the
Authority, in consultation with the EPC Contractor, and delegated specific authorities in the EPC
agreement, the AE shall be fully responsible for superintendence of the EPC Contractor’s
performance in all phases of the EPC agreement. The AE shall at all times, be adequately staffed, in
terms of numbers and professional skills, to carry out its responsibilities with the competence and
diligence required for this assignment.
2.2 The Authority Engineer may organize staff and activities as it wants, provided that it satisfies the
requirements of these TOR and the contract between the Authority and the EPC Contractor. A list
of essential “Key Professional Staff” as well as “Sub-professional Staff “ is given in subsequent
sections of these terms of reference. AE should provide for adequate Non-Key (support) staff
including administrative, accounts, and service staff to address the requirements of a project of
this nature in an efficient and effective manner. AE should set up main office and camp offies in
suitable districts.
2.3 The AE shall exercise the authority delegated to it by the Authority, within the parameters
established in the EPC agreement. The following is a summary of the delegated authorities, roles
and functions of the AE:
(i) Review of the Drawings (working and as-built), Specifications and related Documents
including detailed engineering and design documents, design and construction progress
reports prepared by the EPC Contractor;
(iii) Ensure the EPC Contractor’s fulfillment of the quality assurance plan by visual observation,
random measurements and laboratory tests. Conducting tests and inspections on
completion of construction and issuing Completion/ Provisional Completion Certificate as
set forth in the EPC agreement;
(iv) Co-ordination with stakeholders including, performing related duties and functions, as
necessary for the EPC Contractor’s successful and timely completion of the Highway
Project under the EPC agreement.
(vi) Review, inspection and superintendence of O&M as set forth in the EPC agreement;
(viii) Review, inspection and monitoring of divestment requirements as set forth in the EPC
agreement;
(ix) Assisting the Parties to the EPC agreement in resolving disputes, differences or
controversies in accordance with the applicable provisions of the EPC agreement and
Dispute Resolution Clause of the EPC agreement;
(x) Determining the costs of any works or services and/or their reasonableness, as required
under the EPC agreement;
(xi) Determining the period or any extension thereof, for performing any duty or obligation as
required under the EPC agreement;
(xiii) Cooperating with the Third-Party Quality Monitoring Team appointed by the Authority
including the Engineers from the Vigilance and Quality Control circle of Public Works
Department to carry out its tasks.
(xiv) Undertaking all other duties and functions in accordance with the EPC agreement
(xv) Executing Resettlement Plan Implementation by deploying two dedicated separate team
members.
2.4 DELEGATION OF AE DUTIES: The AE may from time to time, assign duties and further delegate
authority to Key Personnel and may also revoke such assignments and delegations. These
assignments, delegations and revocations shall not take effect until they have been duly notified
to the Authority and the EPC Contractor. Each Key expert shall only be authorized to issue
instructions to the EPC Contractor to the extent defined in the notice of delegation. Any approval,
instruction, notice, request or similar act by Key Personnel, in accordance with this delegation,
shall have the same effect as though the act had been an act of the AE. The AE will appoint the
“Senior Highway Engineer”, to act as Team Leader (TL) as mentioned in the contract documents,
and who will reside full-time at the project site during construction. TL will interact with the
designated Authority’s representative. The Team leader shall delegate some of his/her authority
to other key experts, who will act as "the AE’s Representative" at the construction site supervision
teams. Each supervision team will be composed of several professionals. The AE shall define in its
technical proposal the number of supervision teams and the overall supervision approach for the
project. The proposals shall describe how the AE will establish a mechanism, which will ensure
coordination of the supervision teams, so that each team is all times fully aware of the remedies to
problems used by the other teams. This will ensure that the full experience of the AE can be
applied in all works.
2.5 The AE shall arrange training for the Authority’s staff (about 25 persons) including field visits to
the on-going works under AE’s supervision to improve their ability to supervise and manage the
road and bridge works and the environmental impacts of construction. The training module shall
be finalized in consultation with the Authority.
Training Structure
The training programme shall comprise both classroom and on-the-job training. The proposal
shall contain a detailed training programme that is considered to be beneficial for developing
capacity within the project’s staff (and some designated Contractor’s Staff). An outline of the
training is provided below. However, the outline of the training is only a minimum requirement.
AE can further develop on the outline to develop a robust programme. The cost and expenses in
relation to the training arrangements including venue arrangement, lunch/dinner,
projector/sound/AV systems, stay for trainees shall be borne by the AE. For classroom training
purposes, the location of the training shall be location of PIU/PMU. For classroom trainings, the
trainees through their offices will meet the expenditure of travel, transportation & boarding
charges. The AE will meet the expenditure of training venue, resource persons, training material
etc., required for conducting the training. In case of on-the-job training, the cost of transportation
for the trainees from base location to training location will be borne by the trainees themselves
and AE will meet boarding, lodging & food, local transportation to site etc.
Kindly note that the timelines for trainings shall be finialised in agreement with MPWD, however
the AE shall ensure that the first round of trainings is scheduled immediately post LOA and the
next refresher session shall be held with 3 months of commencement date.
Details of Training
Sl. Module Details Objective Target skill-set Time
No. to be duration
developed
1 Operational Assessment The objective of The training 2
& Contract Management the module is to will enable trainings
Introduction provide the personnel to of 1 day
concerned appreciate the each
Objectives
personnel with the role of contract (maybe
Introduction to knowledge of management in organised
Conditions of contract contract PPPs, and have at a time
Role of EPC Contractor, management and an in
Authority Engineer and roles to be played understanding agreemen
Employer by each party. of “how” part of t with
Contract management in The focus should contract PIUs)
PPPs be on what are the management.
Introduction to detailed roles;
Performance Indicators specific
tool/formats used
Analysing performance in monitoring of
against KPIs contract (KPI
Contract management monitoring during
Value Testing methods both construction
Review and O&M period);
escalation triggers
Tutorial in case of non-
performance;
issues in contract
management, etc.
Also, international
best practices like
value testing in
operation period
shall also be
introduced.
2 PEM Module 3 – Project The objective of The training 1 day
Management the module will be shall enable the (maybe
Introduction to provide personnel to organised
overview of project appreciate the at a time
Objectives
management and role of project in
Principles of Project governance in management agreemen
Management PPPs. The module and governance t with
Principles of Good shall also in successful PIUs)
Governance in PPPs introduce delivery of a
Introduction to project relationship and PPP project.
management tools trust based
approaches in
Demonstration of
governance.
Microsoft Project,
Primavera
Stakeholder
Management
Conclusion
Review
Tutorial
PIUs shall identify trainees to work along-side Authority Engineer for a period of 5 days. The
Authority Engineer shall develop an on-the-training programme for the trainees in discussion
with PIUs and synchronised with the classroom training modules. The Authority Engineer shall
review the trainees on their performance in on-the-job training and shall provide MPWD an
understanding on what improvements are required for each trainee and in what direction.
2.6 AUTHORITY TO AMEND the EPC agreement: the AE shall have no authority to amend, suspend or
terminate the EPC agreement with regard to the EPC Contractor’s rights and obligations, without
written instructions from the Authority.
2.7 MEETINGS WITH AUTHORITY: The AE shall interact with the Authority’s designated officers and
staff on a regular basis and attend the Authority’s monthly meeting to review the EPC Contractor’s
progress during the preceding month. The AE shall make available its assistants and other key
staff, as required for these monthly meetings. The issues discussed between The AE and the
Authority shall be recorded in the minutes of the meeting and remain on the agenda of
subsequent meetings, until they are fully resolved.
2.8 The AE shall chair monthly meetings with the EPC Contractor. During these meetings, formal
minutes will be taken by the AE and distributed to the EPC Contractor and Authority.
2.9 MEETINGS WITH ASIAN DEVELOPMENT BANK: The AE shall be available to attend meetings with
Asian Development Bank missions during their visits to the Authority and on field trips.
2.10 MANAGEMENT INFORMATION SYSTEMS: The AE shall make use of Management Information
Systems (MIS) in carrying out its assignment and provide read-only remote access to its MIS
records and reports to the Authority and the EPC Contractor. Confidential records and reports
shall be exempted from this requirement for remote access to the AE’s MIS.
2.12 Maintain the Deviation Report and send it monthly to the Authority and the EPC Contractor in a
format as prescribed by Authority.
2.13 Maintain digital color photographs throughout the duration of the Contract for photographic
record (available for inspection) of monthly progress at set locations, especially of any
construction of technical or contractual interest. Each photograph should be captioned with:
reference number, time, date, precise location, subject, and points of particular note. All digital
data with captions should be stored on a digital record system;
2.14 The AE shall keep a daily log of the progress and issues on the construction sites.
2.15 The AE shall update all records that it collects on the project’s relevant platform.
3.2 After reconciling further comments received from the Authority and the EPC Contractor with its
own, the AE shall make a final determination of its findings and advise the EPC Contractor
accordingly. Subsequently, the AE shall review any modified Drawings, Specifications or
supporting Documents sent to it by the EPC Contractor and shall give its clearance or
observations if any within 7 (seven) days of receiving such modified Drawings, Specifications or
Documents.
3.3 CONSTRUCTION SAFETY and Environmental Management: The AE shall review the EPC
Contractor’s Construction Zone Safety Checklist and Environment Management Plan (EMP) in
accordance with the relevant requirements of the EPC agreement and furnish its comments
thereon to the Authority and the EPC Contractor within 7 (seven) days of receiving such Checklist
and EMP. The AE shall subsequently monitor the EPC Contractor’s compliance with the Traffic
Management Plan, Construction Zone Safety Checklist, Environmental Management Plan and if
necessary, enforce the relevant provisions of the EPC agreement in this regard. In particular, the
AE will confirm that the EPC Contractor’s management plan complies with the conditions of the
EIA Clearance granted by the SEIAA or the NEIAA, as the EPC agreement se may be. In case of
divergence of the plan from the conditions of the said Clearance, The AE shall bring the same to
the attention of the Authority and the EPC Contractor.
3.4 REVIEW OF THE EPC CONTRACTOR’S QUALITY ASSURANCE PROCEDURES: The AE shall
periodically review the EPC Contractor’s quality assurance procedures and furnish its comments
to the Authority and the EPC Contractor within 15 (fifteen) days of receipt thereof. The AE shall
subsequently monitor the EPC Contractor’s compliance with the quality assurance procedures.
3.5. REVIEW OF PROJECT AGREEMENTS: Upon reference by the Authority, the Authority Engineer
shall review and comment on the subcontract or any other contract for construction, operation
and maintenance of the Project Highway, proposals from the EPC Contractor or agreements
entered by the EPC Contractor with any contractors on such works and furnish its comments
within 7 (seven) days from receipt of such reference from the Authority.
3.6 Conducting Joint Measurements and reviewing costing proposed by EPC Contractor as and when
required as per the provisions of EPC contract agreement including but not limited to aspects like
change of scope, utility shifting, etc.
3.7 QUALITY AND SAFETY ASSURANCE: The duties and functions of the AE during the Construction
Period shall be all- encompassing, including superintendence of the EPC Contractor’s performance
of the Works on a day-to-day basis, particularly with regard to the deployment of labor, materials,
Contractor Executive Engineer,
Public Works Division, Ahmednagar
EPC 61 - Improvement to Kolgaon Surodi Vadali Shrigonda Pedgaon Road (MDR 62) from Km.
0/000 to 21/000 (Total Length 21.00 Km.) Tal. Shrigonda Dist. Ahmednagar
equipment & standards of materials & workmanship and safety arrangements and environmental
management in accordance with the EMP at the site. The AE shall have no authority to relieve the
EPC Contractor of any of their duties under the EPC agreement or to impose additional
obligations. The AE shall ensure the Resettlement Action and Social Safeguard Plan is
implemented as designed and update the mitigation measures if required.
3.8 QUALITY TESTING: The AE shall provide sufficient staff to carry out inspections and tests in the
field to the extent of the 100 % EPC Contractor’s Requests for Inspection (RFI) pertaining to
various items of works. The AE shall either issue written clearances or require the EPC
Contractor, within 7 (seven) days of such inspections, to rectify and remedy identified defects or
deficiencies. Furthermore, with regard to pavement, for all pavement layers, the AE shall field-
check 100% of RFIs. The inspection procedures to be observed by the AE, the EPC Contractor, and
the Authority shall be governed by the corresponding EPC contract requirements. The
inspections, submission of such inspection reports and clearance of RFI by the AE shall not relieve
or absolve the EPC Contractor of its obligations and liability. AE shall also have access to the EPC
Contractor’s laboratory facilities for independent testing of materials. It may be noted that the AE
shall have to additionally input and update the collected data on the project’s relevant platform.
3.9 INSPECTION REPORT: At least, once a month, the AE shall summarize such inspections in its
Inspection Report and submit to the Authority and the EPC Contractor setting forth an overview
of the status, progress, quality and safety of construction including the work methodology
adopted, the materials used and their sources, including development and rehabilitation and
conformity of construction works with the scope of project and specification standards.
3.10 RECTIFICATION OF DEFECTS & DEFICIENCY: In the event that the EPC Contractor is required to
carry out any remedial works for removal or rectification of any defects or deficiencies, the AE
shall require the EPC Contractor to prove through appropriate tests that such remedial works
have brought the Works into conformity with the EPC agreement. The AE shall take all necessary
measures to achieve closure of non-conformances through the EPC Contractor’s actions in the
shortest possible time, but in no case later than Provisional Completion. The AE shall maintain
complete records of all remedial works from their identification to rectification.
3.11 REVIEW OF ACHIEVEMENT OF MILESTONES PRESCRIBED: In the event that the EPC Contractor
fails to achieve any of the EPC agreement Milestones, the AE shall undertake a review of the
progress of construction and identify the causes of delays, if any. If the AE determines that the
rate of progress of the Works is not likely to achieve the EPC agreement Milestones, including the
Construction Completion Date, it shall notify and require the EPC Contractor to indicate within 15
(fifteen) days of its notice to the EPC Contractor , the steps proposed to be taken to expedite
progress, and the period within which the EPC agreement Milestones, including the Construction
Completion Date shall be achieved. This notice to the EPC Contractor shall be copied to the
Authority. Upon receipt of the EPC Contractor’s response, the AE shall review the steps proposed
by the EPC Contractor and send its final determination concerning the likely achievement of the
EPC agreement Milestones to the EPC Contractor and the Authority.
3.12 REVIEW AND MONITORING OF SAFETY ARRANGMENT AND SUSPENSION OF WORKS ON SAFETY
REASONS: If at any time during the Construction Period, the AE determines that the EPC
Contractor has not made adequate arrangements for the safety of workers and users in the zone
of construction or that any work is being carried out in a manner that threatens the safety of the
workers and the users, it shall notify the EPC Contractor forthwith and may further recommend to
the Authority that the whole or part of the Works be suspended for ensuring safety thereof. The
Authority’s notice of suspension for reasons of safety shall be promptly communicated to the EPC
Contractor and the AE. The suspension may be lifted by Authority only upon the AE’s
determination and follow-up inspection that the conditions which caused the suspension have
been removed or remedied sufficiently. In emergency cases the AE will take such actions and
steps to ensure the safety pending clearance from the authority.
3.14 EXTENSION OF TIME DETERMINATION: If the Works are suspended by the Authority for reasons
not attributable to the EPC Contractor, the AE shall determine any extension of dates set forth in
the Construction Completion Schedule and compensation, if any, to which the EPC Contractor may
be reasonably entitled. the AE shall notify Authority of its determination and the Authority shall
extend the Construction Completion Schedule accordingly through notice to the EPC Contractor.
When the reasons for the suspension have subsided and the Works can be resumed, the Authority
shall lift the suspension though follow-up notice to the EPC Contractor, in coordination with the
AE.
3.15 TESTS TO BE CARRIED OUT: The AE shall require the EPC Contractor to carry out, or cause to be
carried out, all Tests specified in the related schedules of the EPC agreement, from time to time
and in accordance with Good Industry Practice for quality assurance. The EPC Contractor shall
carry out these tests in accordance with the instructions of the AE and furnish the test results to
the AE. In the event that the results of any tests establish any defects or deficiencies in the Works,
the AE shall require the EPC Contractor to carry out remedial measures and furnish a report to
the AE in this regard. These AE’s functions related to tests shall be carried out and communicated
to the Authority and the EPC Contractor in conformance with the related provisions of the EPC
agreement.
3.16 CERTIFICATION OF LUMP SUM PAYMENTS: The EPC Contractor shall submit requests for Lump
Sum Payments to the AE, in accordance with the applicable requirements of the EPC agreement
and the AE shall make fair and reasonable assessments of such payment requests and the
associated documentation submitted by the EPC Contractor. The AE shall verify and certify the
amount claimed in the EPC Contractor’s invoice, along with the necessary adjustments and
recommend to the Authority for payment as provided in EPC agreement. The AE’s
recommendations with regard to the EPC Contractor’s payment requests shall reach the Authority
within 14 days from the date of such claim by the EPC Contractor after satisfactory fulfillment of
conditions prescribed in the EPC agreement
3.17 REVIEW OF PROGRESS REPORTS: The AE shall review the monthly progress report furnished by
the EPC Contractor and provide its comments to the Authority and the EPC Contractor within 7
(seven) days of receipt of such report. The AE shall provide its concurrence in the EPC
Contractor’s monthly progress report or its reservations, as the case may be, to the EPC
Contractor and copy this communication to the Authority. If necessary, the AE shall require the
EPC Contractor to submit additional information related to the monthly progress report.
3.18 ISSUE OF COMPLETION AND PROVISIONAL COMPLETION CERTIFICATE: Upon completion of the
Works, as notified by the EPC Contractor and the successful completion all inspections and tests
required by the EPC agreement, the AE shall issue to the EPC Contractor and the Authority the
Completion Certificate set forth in the EPC agreement. At the Request of the EPC Contractor, the
AE may issue instead, the Provisional Certificate, also set forth in the EPC agreement. The
Provisional Certificate may be used, when the Project Highway can be safely and reliably placed in
commercial operation, even though certain parts of the Works are not yet fully completed. In such
event, The AE shall append to its Provisional Certificate, a list of outstanding items and their
agreed completion dates. This list, which is referred to in the EPC agreement as Punch List, shall
be signed jointly by the EPC Contractor and the AE. In cases where certain parts of the Works are
not yet completed due to delays in completion attributable to the Authority, the AE shall not
withhold the Provisional Certificate.
3.19 REVIEW OF AS BUILT DRAWINGS: Within 90 (ninety) days of the Project Completion Date, the AE
shall require the EPC Contractor to furnish the as-Built drawings in a manner acceptable to the
Authority. The AE shall review the ‘As Built’ drawings for each component of the works prepared
by the EPC Contractor and determine their acceptability under the terms of the EPC agreement.
The AE shall communicate its determination to the Authority and the EPC Contractor.
Additionally, within 90 days of each Project Milestones, the AE shall require the EPC Contractor to
furnish the as-Built drawings in a manner acceptable to the Authority. The AE shall review the ‘As
Built’ drawings for each component of the works prepared by the EPC Contractor and determine
their acceptability under the terms of the EPC agreement. The AE shall communicate its
determination to the Authority and the EPC Contractor within 60 days of receipt of drawings.
3.20 MAINTENANCE MANUAL: Not later than 180 (one hundred and eighty) days prior to the
completion of works, the AE shall require the EPC Contractor to submit a repair and maintenance
manual (the “Maintenance Manual”) for the regular and preventive maintenance of the Project
Highway in conformity with the Maintenance Requirements, Safety Requirements and Good
Industry Practice. The Authority Engineer shall aid and advise the EPC Contractor in preparing
the Maintenance Manual.
3.21 DETERMINATION OF COSTS: Upon reference from the Authority, the Authority Engineer shall
make a fair and reasonable assessment of the costs of providing information, works and services
as set forth in EPC agreement and certify the reasonableness of such costs for payment by the
Authority to the EPC Contractor.
3.22 EXECUTION OF RESETTLEMENT PLAN: After preparation of Micro plan for resettlement AE shall
have to execute the resettlement plan in co-ordination with authority.
4.1 REVIEW OF DRAWINGS, DOCUMENTS, REPORTS, ETC.: In respect of drawings, documents and
report on compliance with Safety Requirements received by the AE for its review and comments
during the operation period, the provisions in Para 3 shall apply mutatis mutandis.
4.2 REVIEW OF ANNUAL MAINTAINANCE PROGRAM: The AE shall review the annual Maintenance
Programme furnished by the EPC Contractor in conformance with the EPC agreement and convey
its comments to the EPC Contractor within 15 (fifteen) days of its receipt with particular
reference to its conformity with the Maintenance Requirements, Maintenance Manual and Safety
Requirements as well as relevant provisions of the EMP for the Operation Phase, with copies to
the Authority. In case of reservations with the initial annual Maintenance Programme, The AE
shall subsequently review the EPC Contractor’s follow-up response and communicate its final
determination regarding the conformance of the annual Maintenance Programme with the EPC
agreement to the EPC Contractor, copied to the Authority.
4.3 MONTHLY PROGRES REPORT DURING O&M PERIOD: The AE shall review the monthly progress
report on Operation and Maintenance furnished by the EPC Contractor and provide its comments
to the EPC Contractor within 7 (seven) days of its receipt, copied to the Authority. In case of
reservations with the initial monthly progress report on Operations and Maintenance, the AE shall
subsequently review the EPC Contractor’s follow-up response and communicate its final
determination regarding the conformance of the progress on Operations and Maintenance with
the EPC agreement and the Maintenance Manual to the EPC Contractor, copied to the Authority.
4.4 MONITORING OF MAINTENANCE WORKS: During the Operation Period, the AE shall inspect the
Project Highway once every month, preferably following receipt of the EPC Contractor ’s monthly
progress report on Operations and Maintenance. The AE shall provide the Authority and the EPC
Contractor with its O&M Inspection Report within 7 (seven) days of its monthly inspection. The
AE’s O&M Inspection Report shall cover an overview of the status, timeliness and quality of the
EPC Contractor’s performance of the Operations and Maintenance requirements in conformance
with the EPC agreement and the Maintenance Manual. The AE’s Inspection Report shall specify
the remedial actions that are being taken or have been agreed but not yet taken by the EPC
Contractor with regard to reported lapses, defects, deficiencies, etc. The AE’ s Inspection Report
may also specify deadlines for remedial actions and additional tests and traffic survey to be
carried out by the EPC Contractor for the purpose of assuring that the Project Highway remains in
the condition that underlies the Operations and Maintenance obligations of the EPC Contractor in
the EPC agreement. The AE may inspect the project highway more than once in a month, if any
lapses, defects or deficiencies require such inspections.
4.5 CLOSURE OF LANES: The AE shall examine requests submitted by the EPC Contractor for closure
of lanes of the carriageway for maintenance and repair purposes, as well as related modifications
of the Highway. Within 3 (three) days of receiving such requests, the AE shall determine the
reasonableness of the EPC Contractor’s request, including provisions for minimizing traffic
disruptions, ascertain the views of the Authority on closures and disruptions and notify the EPC
Contractor, copied to the Authority. In case of reservations with the EPC Contractor’s request, the
AE shall subsequently review the EPC Contractor’s revised request and communicate its final
determination regarding the reasonableness of the revised request to the EPC Contractor, copied
to the Authority.
4.6 PAYMENTS DURING OPERATION AND MAINTENANCE PERIOD: The EPC Contractor shall submit
requests for payments to the AE for first part of 5% after successful completion of three years of
operation and maintenance period and second part of 5% after completion of Defect Liability
period, in accordance with the applicable requirements of the EPC agreement and the AE shall
make fair and reasonable assessments of such payment requests, including any bonus or
reduction in payment based on the monthly progress report on Operations and Maintenance. The
AE shall adjust the EPC Contractor’s invoice, as necessary and forward it with the associated
documentation to the Authority for payment. While forwarding the invoice to the Authority, the
AE may recommend payment in full or part thereof. The AE’s recommendation shall reach the
Authority within 15 days of the receipt of request from the EPC contractor.
4.7 REPAIR/RECTIFICATION: In respect of any defect or deficiency referred to in EPC agreement, the
Authority Engineer shall, in conformity with Good Industry Practice, specify the permissible limit
of deviation or deterioration with reference to the Specifications and Standards and shall also
specify the time limit for repair or rectification of any deviation or deterioration beyond the
permissible limit.
4.8 DELAY DAMAGES: The Authority Engineer shall determine if any delay has occurred in
completion of repair or remedial works in accordance with the Agreement, and shall also
determine the Damages, if any, payable by the EPC Contractor to the Authority for such delay.
4.9 PERIODIC MAINTENANCE: The Authority Engineer shall determine the Major Maintenance
Completion Schedule and shall also issue a Periodic Maintenance Completion Certificate upon
completion and inspection of Major Maintenance work, as specified under and in accordance with
the provisions in the EPC agreement.
4.10 The Authority Engineer shall monitor and review the curing of defects and deficiencies by the EPC
Contractor as set forth in EPC agreement.
4.11 The Authority Engineer shall undertake traffic survey, as and when required by the Authority,
under and in accordance with EPC agreement.
4.12 The AE shall initiate necessary action to undertake the maintenance obligations of the EPC
Contractor at risk and cost of the EPC Contractor in the event of its failure to carryout O & M, as
per the provisions in the EPC agreement
4.13 The AE shall review the accident record of the highway and suggest remedial measures.
4.14 The AE shall submit the monthly progress report on O&M covering the maintenance requirements
provided in EPC agreement.
5.1 Not earlier than 90 (ninety) days before Termination of the EPC agreement but not later than 15
(fifteen) days before the effective date of such Termination and the initiation of the EPC
Contractor’s Divestment Requirements, The AE shall verify, after giving notice to the EPC
Contractor of the time, date and venue of such verification, compliance by the EPC Contractor with
the Maintenance Requirements, and if required, cause appropriate tests to be carried out at the
EPC Contractor’s costs for this purpose. If the AE determines that the status of the Highway
requires repairs and other rectifications, in order to meet the Divestment Requirements, the AE
shall assess the amount to be set aside for these repairs and rectifications and communicate its
determination forthwith to the Authority and the EPC Contractor. The source of funds to cover the
amount to be set aside and the method of retention shall be agreed between the Authority and the
EPC Contractor, based on the AE’s determination.
5.2 The Authority Engineer shall ensure that all materials, tools, plant, equipment, facilities, etc.,
which have to be handed over to the Authority upon termination of EPC agreement. These are
properly dismantled, packed, stored and maintained until the official handing over to the
Authority as provided in the EPC agreement.
5.3 The Authority Engineer shall inspect the Project Highway once in every 15 (fifteen) days during a
period of 120 (one twenty) days after Termination for determining the liability of the EPC
Contractor under EPC agreement, in respect of the defects or deficiencies specified therein. If any
such defect or deficiency is found by the Authority Engineer, it shall make a report in reasonable
detail and send it forthwith to the Authority and the EPC Contractor.
6.1 The Authority Engineer shall determine the costs, and/or their reasonableness, that are required
to be determined by it under the EPC agreement.
7.1 In the event of any disagreement between the EPC Contractor and the Authority regarding any
provision of the EPC agreement or issues of Good Industry Practice, The AE shall determine and
communicate to them its independent interpretation of such provisions and issues and the parties
shall take the AE’s interpretation into account in settling their disagreement.
7.2 When called upon by either the EPC Contractor or the Authority or both to mediate and assist
them in arriving at an amicable settlement of any dispute under the EPC agreement, The AE shall
make itself available and use its best efforts to accommodate their mediation request and reach an
amicable settlement.
7.3 If a dispute arises between the EPC Contractor and the Authority in connection with any
certificate, determination, instruction, opinion, or valuation of the AE, either of them may refer the
dispute to the Dispute Review Board, as provided in the EPC agreement. In such event, the AE
shall cooperate with requests from the Dispute Review Board for additional information and
meetings. The party referring the dispute to the Dispute Review Board shall notify the other party
and the AE.
8. Miscellaneous
8.1 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority Engineer to the EPC Contractor pursuant to this TOR, and a copy of all the test results
with comments of the Authority Engineer thereon shall be furnished by the Authority Engineer to
the Authority forthwith.
8.2 The Authority Engineer shall obtain, and the EPC Contractor shall furnish in two copies thereof, all
communications and reports required to be submitted, under this Agreement, by the EPC
Contractor to the Authority Engineer, whereupon the Authority Engineer shall send one of the
copies to the Authority along with its comments thereon.
8.3 The Authority Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as-built’ Drawings, and keep them in its safe custody.
8.4 Upon completion of its assignment hereunder, the Authority Engineer shall duly classify and list
all Drawings, Documents, results of tests and other relevant records, and hand them over to the
Authority or such other person as the Authority may specify and obtain written receipt thereof.
Two copies of the said documents shall also be furnished in microfilm form or in such other
medium as may be acceptable to the Authority.
8.5 The AE shall assist the Authority and the EPC Contractor in utility shifting, land acquisition and
rehabilitation & resettlement issues which will affect the progress of works.
8.6 The AE shall assist the Authority during the Dispute Board meetings, Arbitration proceedings and
any other hearing held by the statutory/legal body.
8.7 The AE will ensure effective coordination with the railways supervising staff during the
construction of ROB/RUB and advise the Authority regarding the status of ROB/RUB
construction.
SCHEDULE- O
(SeeClauses 19.4.1,19.6.1,and19.8.1)
O. FormsofPaymentStatements
1. StagePaymentStatementfor Works
TheStagePaymentStatementforWorksshallstate:
ThemonthlyStatementforMaintenancePaymentshallstate:
(i) ThemonthlypaymentadmissibleinaccordancewiththeprovisionsoftheAgreement;
(ii) Thedeductionsformaintenanceworknotdone;
(iii) Netpaymentformaintenancedue,(a)minus(b);
(iv) Amountsreflectingadjustmentsinpriceunderclause19.12;and
(v) Amounttowardsdeductionoftaxes
3. Contractor’sclaimforDamages
Note:TheContractorshallsubmititsclaimsinaformacceptabletotheAuthority.
SCHEDULE- P
(SeeClause 20.1)
P. INSURANCE
1. InsuranceduringConstructionPeriod
1.1 The Contractor shall affect and maintain at its own cost, from the Appointed Date till the
dateofissue oftheCompletionCertificate, thefollowinginsurances for any loss or damage
occurring on account of Non-Political Event of Force Majeure, malicious act, accidental
damage, explosion, fire and terrorism:
(a) Insurance of Works, Plant and Materials and an additional sum of [15 (fifteen)] per
cent of such replacement cost to cover any additional costs of and incidental to the
rectification of loss or damage including professional fees and the cost of
demolishing and removing any part of the Works and of removing debris of
whatsoever nature; and
(b) Insurance for the Contractor's equipment and Documents brought onto the Site by
the Contractor, for a sum sufficient to provide for their replacement at the Site.
1.2 The insurance under paragraph 1.1 (a) and (b) above shall cover the Authority and the
Contractor against all loss or damage from any cause arising under paragraph 1.1 other
than risks which are not insurable at commercial terms.
2. InsuranceforContractor'sDefectsLiability
The Contractor shall affect and maintain insurance cover for the Works from the date of issue of
the Completion Certificate until the end of the Defects Liability Period for any loss or damage for
which the Contractor is liable and which arises from a cause occurring prior to the issue of the
CompletionCertificate.TheContractorshallalsomaintainotherinsurancesformaximumsumsas may
be required under the Applicable Laws and in accordance with Good Industry Practice.
3. Insuranceagainstinjurytopersonsanddamageto property
3.1 The Contractor shall insureagainst its liability for any loss, damage, death or bodilyinjury,
or damage to any property (except things insured under Paragraphs 1 and 2 of this
Schedule or to any person (except persons insured under Clause 20.9), which may ariseout
of the Contractor's performance of this Agreement. This insurance shall be for a limit per
occurrence of not less than the amount stated below with no limit on the number of
occurrences.
Theinsurancecovershallbenotlessthan:Rs.2,00,00,000/-(Rupeestwocroreonly)
TheinsuranceshallbeextendedtocoverliabilityforalllossanddamagetotheAuthority'sproperty arising
out of the Contractor’s performance of this Agreement excluding:
(a) TheAuthority'srighttohavetheconstructionworksexecutedon,over,under,inor
through any land, and to occupy this land for the Works; and
(b) DamagewhichisanunavoidableresultoftheContractor'sobligationstoexecutethe
Works.
4. Insurancetobeinjointnames
The insurance under paragraphs 1 to 3 above shall be in the joint names of the Contractor and the
Authority.
SCHEDULE- Q
(SeeClause 20.1)
Q. TESTSONCOMPLETIONOFMAINTENANCEPERIOD
1. RidingQualitytest:
Riding quality of each lane of the carriageway shall be checked with the help of a calibrated
bump integrator and the maximum permissible roughness for purposes of this Test shall be
[2,200 (two thousand and two hundred only)] mm for each kilometer.
2. Visualandphysicaltest:
The Authority’s Engineer shall conduct a visual and physical check of construction to
determine that all works and equipment forming part thereof conform to the provisions of
this Agreement. The physical tests shall include measurement of cracking, rutting, stripping
andpotholesandshallbeaspertherequirementofmaintenancementionedinSchedule-E
SCHEDULE- R
(SeeClause14.10)
R. TAKINGOVERCERTIFICATE
I,…………………….(NameanddesignationoftheAuthority’sRepresentative)underandin
accordancewiththeAgreementdated…………(the“Agreement”),for“EPC 35- “Improvementof NH-
752 E to Dhorkin Kapuswadi Balanagar Khadgaon Limbgaon to SH-61 road, MDR- 36 Km 0/000 to
26/870 (Part-Dhorkin to Limbgaon Phata ) Taluka - Paithan,District - Chhatrapati
Sambhajinagar”through.........................................................................................................................................................
…………………. (Name of Contractor), hereby certify that the Tests on completion of Maintenance
Period in accordance with Article 14 of the Agreement have been successfully undertaken to
determinecomplianceoftheProjectHighwaywiththeprovisionsoftheAgreementandIhereby
certifythattheAuthorityhastakenovertheProjecthighwayfromtheContractoronthisday.........
SIGNED,SEALEDANDDELIVERED
(Signature)
(NameanddesignationofAuthority’sRepresentative)
(Address)
SCHEDULE-S
NOTICEFORINTENSIONFORAWARDOFCONTRACT
[onletterheadpaperoftheemployer]
[dateofnotification]
To: [nameofthebidder]
Attention: [insertnameofthebidder’sauthorizedrepresentative]
Address: [insertaddressofthebidder’sauthorizedrepresentative]
Telephone/Faxnumbers: [inserttelephone/faxnumbersofthebidder’s
authorized
representative]
E-mailAddress: [inserte-mailaddressofthebidder’sauthorized
representative]
This is to notify you of our intention to award the contract [insert name of the contract
and identification number, as given in the Bid Data Sheet]. You have [insert number of
days as specified in ITB 41.1 of the BDS] days from the date of this notification to (i)
request for a debriefing in relation to the evaluation of your Bid; and/or (ii) submit a
bidding-related complaint in relation to the intention for award of contract, inaccordance
with the procedures specified in ITB 46.1.
Thesummaryoftheevaluationareasfollows:
1. ListofBidders
2 Reason/sWhyYourBidwasUnsuccessful
………………………………………………………………………………………………………………………
……
………………………………………………………………………………………………………………………
……
……………………………………………………………………………………………
3 TheSuccessfulBidder
NameofBidder:
Address:
ContractPrice:
DurationofContract:
ScopeoftheContractAwarded:
AmountPerformanceSecurityRequired:
AuthorizedSignature:……………………………………………………………
NameandTitleofSignatory:……………………………………………………
NameofAgency:…………………………………………………………………
SCHEDULE-T
NOTIFICATIONOF AWARD
[onletterheadpaperoftheemployer]
LetterofAcceptance
[date]
Subject:[NotificationofAwardContractNo.]
ThisistonotifyyouthatyourBiddated[date]forexecutionofthe[nameofthecontract and
identification number, as given in the Bid Data Sheet] for the AcceptedContract Amount
in the equivalent of [amount in words and figures and name of currency], as corrected
and modified in accordance with the Instructions to Bidders is hereby accepted by our
Agency.
You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract and any additional security required as a result ofthe
evaluation of your bid, using for that purpose the Performance Security Form included
in Section 7 (Condition of Contracts and Contract Forms) of the Bidding Document.
Authorized Signature:
.......................................................................................................................................................
Name of
Agency:..................................................................................................................................................................
Attachment:ContractAgreement