CONTRACT AGREEMENT

Contracting parties- 1. NHIDCL(Authority)

2. M/s Gannon Duxkerley and co, ltd. (contractor)
Date: November 21, 2017
PART 1
Engineering, procurement and construction agreement
Subject - NH 37
Request for proposal by authority – 4.09.2017
Letter of acceptance by authority- 09.11.2017
Amount- 398,06,00,000
ARTICLE 1
1.4.2- (a) A specific clause will prevail over the other clause.
(b) between clauses and agreement – specific clause will apply
Between schedules and annexures- Schedules shall prevail.
(c)between 2schedules- relevant schedule to the issue
(d) Between written description on the drawing and the specification and standards
specification and standard shall prevail.
(e) Between dimension scaled from the drawing and its specific written dimension-
written dimension shall prevail.
(f) any value written in numbers and words- words will prevail.
1.5 Joint and Several Liability
1.5.1
a) If the contractor forms a consortium of 2 or more persons, those persons will be
jointly and severally liable.
b) Prior consent of the authority must be needed for a change in the composition of the
authority.
1.5.2. Lead member shall be responsible for every action and accountable for any liability
arises on the consortium.
PART 2 SCOPE OF PROJECT
2.1
a) Construction of the project Highway with the provisions of Schedule A,B,C,D.
b) Maintenance as per schedule E.
c) Performance and fulfillment of other obligations.
3.1 Obligation of the Contractor
1. He shall take the survey, investigation, design, engineering, procurement,
construction, and maintenance of the project.
2. The contractor shall comply with all applicable laws and permits.
3. The contractor shall remedy any loss or damage to the highway until default arises
due to neglect of the authority.
4. The remedy stated above shall be made during the defect liability period at the
contractor’s cost. (17.3)
5. Remedy shall be made during the maintenance period. (14.1.2)
6. Contractor at its own expense in addition to and not outside the limits given under
obligation in the agreement…
a) Makes payment to government instrumentalities for permits.(Sch. F)
b) Procure appropriate proprietary rights and licenses.
c) Maintain harmony with employees and subcontractors in connection with
performance obligations.
d) Ensure subcontractor work according to the laws and obligations of the contract.
3.2 Obligation relating to subcontractors and any agreements
1. The contractor shall not subcontract more than 49% of the work.
2. Subcontract for works i.e. out of 51% of the contractor's work shall not exceed the
price of 5% of the total price of construction. and if it does the names must be
disclosed to the authority before entering into such a sub-contract. From the date of
communication, a 15-day margin is to be made.
3. Subcontractors in 3.2.2 do not have past 3 years experience and have undertaken work
exceeding 40% value in related work then 15 days margin is to be made from the time
communication made to the authority.
4. The obligation of the contractor would not affect its obligation under this contract.
3.3. employment of foreign nationals by the contractor must require regulatory permits incl.
employment residential visa. Non complyment of such approvals shall not constitute force
majeure.
3.4
1. Contractors need to hide 10% trained workmen as per NSQF. Required workmen get
trained through DGT. Trainees are to be paid a stipend of 15000 per person. This
expense shall be bear by authority.
2. Authority engineers can remove any member of contractors or subcontractors'
personnel with reasons in writing.
3. It is the contractor's duty to ensure the eviction of the personnel directed by the
engineer within 10 days of such direction.
4.1. Obligation of the Authority
3. The authority shall provide the contractor the right of way within 30 days on no less
than 90% of the total length of the project highway. (7.1.1, 8.2, 8.3)
4. Approval from GAD (general arrangement drawing ) from railways within 60 days
and reimbursement of all costs paid by the contractor to the railways.
 5. Environmental clearance(4.3)
6. Delay in these will entitle the contractor for damages acc to 8.3 and time extension
acc to 10.5
7. Damages would not exceed 1% of the contract price
4.1.6 The authority will provide support to the contractor in the matter of -
1. Applicable permits req.
2. Obtaining access to all necessary infrastructure facilities.
3. No bariier from the side of govt. in the process
4. Not to go against agreement
5. Support in implementation in acc. Of the contract.
6. Work permit and reasonable support acc to art 3.3.
4.2 maintainance must be done by authority prior to the appointed date.
ARTICLE 5
5.1 representation and warranties of the contractor
1. Lawfully he has validity to enter into the agreement.
5.2 Representation and warranties of the Authority
1. the authority has power to enter into this agreement
5.3 Disclosure
Any party comes to the attention that the representation and warrants are incorrect
shall immediately notify other party.
ARTICLE 6
6.1 Disclaimer
1. Contractor must evaluate and examine everything on his own. Any person other
than the authority itself representing in the name of authority acc to 4.1.2 and 5.2,
it is contractors duty to confirm such representation.
2. Contractor acknowledges the risk of inadequacy in matter given 6.1.1.
3. Any mistake in 6.1.1 will not make this contract void or voidable.
4. Mistakes in 6.1.1 must be notified to the other party.
ARTICLE 7
1.