Nar Tical
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ajitdabodiaU.P.
STATE BRIDGE CORPORATION LIMITED
(A Govt. of Uttar Pradesh Undertaking)
General Manager, (Ghaziabad Zone)
U.P.State Bridge Corporation Limited.
Engineering Procurement and Construction (EPC) of Six
Lane Elevated corridor (balance works) from Mayur Vihar
Flyover, Delhi (Near Chilla Regulator) to MP-3 Road, Noida
(Mahamaya Flyover) along shahdara Drain in Distt Gautam
Buddha Nagar, U.P.
U.P. State Bridge Corporation Limited
(UPSBCL)
November-2023
1
Table of Contents
Part I
Preliminary 13-15
1 Definitions and Interpretations 16-27
1.1 Definitions
1.2 Interpretation
1.3 Measurements and arithmetic conventions
1.4 Priority of agreements and errors/discrepancies
1.5 Joint and several liability
Part II
Scope of Project 28-33
2 Scope of the Project
2.1 Scope of the Project
3 Obligations of the Authority 34-36
3.1 Obligations of the Authority
3.2 Maintenance obligations prior to the Appointed Date
3.3 Environmental Clearances
3.4 Deemed Termination upon delay
4 Obligations of the Contractor 37-43
4.1 Obligations of the Contractor
4.2 Obligations relating to sub-contracts and any other agreements
4.3 Employment of foreign nationals
4.4 Contractor’s personnel
4.5 Advertisement on Project
4.6 Contractor's care of the Works
4.7 Electricity, water and other services
4.8 Unfore see able difficulties
4.9 Co-ordination of the Works
4.10 Environmental Measures
4.11 Site Data
4.12 Sufficiency of Contract Price
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4.13 Clearance of the Site 43
5 Representations and Warranties 44-48
5.1 Representations and warranties of the Contractor
5.2 Representations and warranties of the Authority
5.3 Disclosure
6 Disclaimer 49
6.1 Disclaimer
Part III
Construction and Maintenance 50
7 Performance Security 51-53
7.1 Performance Security
7.2 Extension of Performance Security and Additional Performance Security
7.3 Appropriation of Performance Security
7.4 Release of Performance Security
7.5 Retention Money
8 Right of Way 54-58
8.1 The Site
8.2 Procurement of the Site
8.3 Damages for delay in handing over the Site
8.4 Site to be free from Encumbrances
8.5 Protection of Site from encroachments
8.6 Special/temporary Right of Way
8.7 Access to the Authority and the Authority’s Engineer
8.8 Geological and archaeological finds
9 Utilities and Trees 59-61
9.1 Existing utilities and roads
9.2 Shifting of obstructing utilities
9.3 New utilities
9.4 Felling of trees
9.5 Dismantling of structures
9.6 Development Period
3
10 Design and Construction of the Project Highway 62-70
10.1 Obligations prior to commencement of Works Design
10.2 and Drawings
10.3 Construction of the Project Highway Maintenance
10.4 during Construction Period Extension of time for
10.5 completion
10.6 Incomplete Works
10.7 Maintenance Manual
10.8 As-Built Records
10.9 Contractor's Use of Authority’s Documents
11 Quality Assurance, Monitoring and Supervision 71-79
11.1 Quality of Materials and workmanship
11.2 Quality control system
11.3 Methodology
11.4 Inspection and technical audit by the Authority
11.5 External technical audit
11.6 Inspection of construction records
11.7 Monthly progress reports
11.8 Inspection
11.9 Samples
11.10 Tests
11.11 Examination of work before covering up
11.12 Rejection
11.13 Remedial work
11.14 Delays during construction
11.15 Quality control records and Documents
11.16 Video recording
11.17 Suspension of unsafe Construction Works
11.18 Staff and Labour
12 Completion Certificate 80-81
12.1 Tests on Completion
12.2 Completion Certificate
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12.3 Rescheduling of Tests
13 Change of Scope 82-85
13.1 Change of Scope
13.2 Procedure for Change of Scope
13.3 Payment for Change of Scope
13.4 Restrictions on Change of Scope
13.5 Power of the Authority to undertake Works
14 Maintenance 86-90
14.1 Maintenance obligations of the Contractor
14.2 Maintenance Requirements
14.3 Maintenance Programme
14.4 Safety, vehicle breakdowns and accidents
14.5 Lane closure
14.6 Reduction of payment for non-performance of Maintenance obligations
14.7 Authority’s right to take remedial measures
14.8 Restoration of lessor damage to Project Highway
14.9 Overriding powers of the Authority
14.10 Taking over Certificate
15 Supervision and Monitoring during Maintenance 9-921
15.1 Inspection by the Contractor
15.2 Inspection and payments
15.3 Tests
15.4 Reports of unusual occurrence
16 Traffic Regulation 93
16.1 Traffic regulation by the Contractor
17 Defects Liability 94-95
17.1 Defects Liability Period
17.2 Remedying Defects
17.3 Cost of remedying Defects
17.4 Contractor’s failure to rectify Defects
17.5 Extension of Defects Liability Period
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18 Authority's Engineer 96-98
18.1 Appointment of the Authority’s Engineer
18.2 Duties and authority of the Authority’s Engineer
18.3 Delegation by the Authority’s Engineer
18.4 Instructions of the Authority’s Engineer
18.5 Determination by the Authority’s Engineer
18.6 Remuneration of the Authority’s Engineer
18.7 Termination of the Authority’s Engineer
Part IV 99
Financial Covenants 99
19 Payments 100-109
19.1 Contract Price
19.2 Advance Payment
19.3 Procedure for estimating the payment for the Works
19.4 Stage Payment Statement for Works
19.5 Stage Payment for Works
19.6 Monthly Maintenance Statement of the Project Highway
19.7 Payment for Maintenance of the Project Highway
19.8 Payment of Damages
19.9 Time of payment and interest
19.10 Price adjustment for the Works
19.11 Restrictions on price adjustment
19.12 Price adjustment for Maintenance of Project Highway
19.13 Final Payment Statement
19.14 Discharge
19.15 Final Payment Certificate
19.16 Final payment statement for Maintenance
19.17 Change in law
19.18 Correction of Interim Payment Certificates
19.19 Authority’s claims
19.20 Bonus for early completion
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20 Insurance 110-114
20.1 Insurance for Works and Maintenance
20.2 Notice to the Authority
20.3 Evidence of Insurance Cover
20.4 Remedy for failure to insure
20.5 Waiver of subrogation
20.6 Contractor’s waiver
20.7 Cross liabilities
20.8 Accident or injury to workmen
20.9 Insurance against accident to workmen
20.10 Application of insurance proceeds
20.11 Compliance with policy conditions
20.12 General Requirements of Insurance Policies
Part V 115
Force Majeure and Termination 115
21 Force Majeure 116-120
21.1 Force Majeure
21.2 Non-Political Event
21.3 Indirect Political Event
21.4 Political Event
21.5 Duty to report Force Majeure Event
21.6 Effect of Force Majeure Event on the Agreement
21.7 Termination Notice for Force Majeure Event
21.8 Termination Payment for Force Majeure Event
21.9 Dispute resolution
21.10 Excuse from performance of obligations
22 Suspension of Contractor’s Rights 121-122
22.1 Suspension upon Contractor Default
22.2 Authority to act on behalf of Contractor
22.3 Revocation of Suspension
22.4 Termination
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23 Termination 123-129
23.1 Termination for Contractor Default
23.2 Termination for Authority Default
23.3 Termination for Authority’s convenience
23.4 Requirements after Termination
23.5 Valuation of Unpaid Works
23.6 Termination Payment
23.7 Other rights and obligations of the Parties
23.8 Survival of rights
23.9 Foreclosure with mutual consent
Part VI 130
Other Provisions 130
24 Assignment and Charges 131
24.1 Restrictions on assignment and charges
24.2 Hypothecation of Materials or Plant
25 Liability and Indemnity 132-134
25.1 General indemnity
25.2 Indemnity by the Contractor
25.3 Notice and contest of claims
25.4 Defence of claims
25.5 Survival on Termination
26 Dispute Resolution 135-137
26.1 Dispute Resolution
26.2 Conciliation
26.3 Arbitration
26.4 Adjudication by Regulatory Authority, Tribunal or Commission
27 Miscellaneous 138-144
27.1 Governing law and jurisdiction
27.2 Waiver of immunity
27.3 Delayed payments
27.4 Waiver
27.5 Liability for review of Documents and Drawings
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27.6 Exclusion of implied warranties etc.
27.7 Survival
27.8 Entire Agreement
27.9 Severability
27.10 No partnership
27.11 Third parties
27.12 Success or sand assigns
27.13 Notices
27.14 Language
27.15 Counterparts
27.16 Confidentiality
27.17 Copyright and Intellectual Property rights
27.18 Limitation of Liability
27.19 Care and Supply of Documents
27.20 Authority’s Use of Contractor’s Documents.
27.21 Contractor’s Use of Authority’s Documents
27.22 Access to the Site by Others
27.23 Term
27.24 Amendments
27.25 Representation and Bribes
27.26 No Agency
Schedules 145
Schedule-A 146-213
Site of the Project
1 The Site
Annex-I: Site
Annex-II: Dates for providing Right of Way of Construction Zone
Annex-III: Alignment Plans
Annex-IV: Environment Clearances
Schedule-B 214-237
Development of the Project Highway
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Schedule-C 238-240
Project Facilities
1. Project Facilities
2. Description of Project Facilities
Schedule-D 241-245
Specifications and Standards
1. Construction
2. Design Standards
Annex-I: Specifications and Standards for Construction
Schedule-E 246-295
Maintenance Requirements
1. Maintenance Requirements
2. Repair/rectification of Defects and deficiencies
3. Other Defects and deficiencies
4. Extension of time limit
5. Emergency repairs/restoration
6. Daily inspection by the Contractor
7. Pre-monsoon inspection/Post-monsoon inspection
8. Repairs on account of natural calamities
Annex-I: Repair/rectification of Defects and deficiencies
Schedule-F 296-297
Applicable Permits
1. Applicable Permits
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Schedule–G 298-307
Annex-I: Form of Bank Guarantee
Annex-II: Form for Guarantee for Withdrawal of Retention Money
Annex-III: Form for Guarantee for Advance Payment
Schedule-H 308-317
Contract Price Weightages
Schedule-I 318-320
Drawings
1. Drawings
2. Additional Drawings
Annex-I: List of Drawings
Schedule-J 321-323
Project Completion Schedule
1. Project Completion Schedule
2. Project Milestone-I
3. Project Milestone-II
4. Project Milestone-III
5. Scheduled Completion Date
6. Extension of time
Schedule-K 324-326
Tests on Completion
1. Schedule for Tests
2. Tests
3. Agency for conducting Tests
4. Completion Certificate
Schedule-L 327-328
Completion Certificate
Schedule-M 329-331
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Payment Reduction for Non-Compliance
1. Payment reduction for non-compliance with the Maintenance Requirements
2. Percentage reductions in lump sum payments on monthly basis
Schedule-N 332-339
Selection of Authority’s Engineer
1. Selection of Authority’s Engineer
2. Terms of Reference
3. Appointment of Government entity as Authority’s Engineer
Annex-I: Terms of Reference for Authority’s Engineer
Schedule-O 340-341
Forms of Payment Statements
1. Stage Payment Statement for Works
2. Monthly Maintenance Payment Statement
3. Contractor’s claim for Damages
Schedule-P 342-344
Insurance
1. Insurance during Construction Period
2. Insurance for Contractor's Defects Liability
3. Insurance against injury to persons and damage to property
4. Insurance to be in joint names
Schedule-Q 345-346
Tests on Completion of Maintenance Period
1. Riding Quality test:
2. Visual and physical test:
Schedule-R 347-348
Taking Over Certificate
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Part I
Preliminary
13
Engineering, Procurement and Construction Agreement
THIS AGREEMENT is entered into on this the………..day of………, 20…..
Between
U.P. State Bridge Corporation Limited (UPSBC), a company incorporated under the [Indian]
Companies Act, 1956, by the Government of Uttar Pradesh, pursuant to resolution No. Sec/8/Misc/05-
117/2006-1014(s) ; represented by its General Manager and having its principal office of the General
Manager, Ghaziabad Zone, U.P.S.B.C. Ltd, Ghaziabad. (Hereinafter referred to as the “Authority
“which expression shall, unless repugnant to the context or meaning thereof, include its administrators,
successors and assigns) of One Part;
And
<Insert name of party>,2the selected bidder3having its registered office at <insert
registered office address of the party>, (hereinafter referred to as the “Contractor”
which expression shall, unless repugnant to the context or meaning thereof, include its
successors and permitted assigns) of the Other Part.
Whereas:
A. The Noida Authority entrusted Construction of 6 Lane Elevated corridor from
Mayur Vihar Flyover, Delhi (Near Chilla Regulator) to MP-3 Road, Noida
(Mahamaya Flyover) along shahdara Drain in Distt-Gautam Buddha Nagar,
U.P.
B. The Authority resolved to Construction of 6 Lane Elevated corridor from Mayur
Vihar Flyover, Delhi (Near Chilla Regulator) to MP-3 Road, Noida (Mahamaya
Flyover) along shahdara Drain in Distt-Gautam Buddha Nagar, U.P. on
Engineering, Procurement, Construction (“EPC”) basis in accordance with the terms
and conditions to be set forth in an agreement to be entered into.
C. The Authority accordingly invited the proposals (the “Request for Proposals” or
“RFP”) from the eligible bidders as per the technical and commercial terms and
conditions prescribed in the RFP for undertaking the Project.
D. After evaluation of the bids received, the Authority accepted the bid of the selected
bidder and issued its Letter of Acceptance No. <insert details> dated <insert date>
(hereinafter called the “LOA”) to the selected bidder for Construction of 6 Lane
Elevated corridor from Mayur Vihar Flyover, Delhi (Near Chilla Regulator) to
MP-3 Road, Noida (Mahamaya Flyover) along shahdara Drain in Distt-Gautam
Buddha Nagar, U.P. at the Contract Price specified hereinafter, requiring the selected
bidder to inter alia:
(i) To give his consent to enter into this Agreement and the enforceability of the
provisions thereof, within 10 (ten) days of the date of issue of LOA;
(ii) submit Performance Security and Additional Performance Security (if any) as
per RFP requirements, and
(iii) Execute this Agreement within 30(thirty) days of the date of issue of LOA.
E. The Contractor has fulfilled the requirements specified in Recital(D) above;
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NOW, THEREFORE, in consideration of the foregoing and the respective covenants
set forth in this Agreement, the sufficiency and adequacy of which is hereby
acknowledged, the Authority hereby covenants to pay the Contractor, in consideration
of the obligations specified herein, the Contract Price or such other sum as may
become payable under the provisions of the Agreement at the times and in the manner
specified by the Agreement and intending to be legally bound hereby, the Parties agree
as follows:
15
Article 1
Definitions and Interpretations
1.1 Definitions
(i) The words and expressions beginning with capital letters and defined in this Agreement
shall, unless the context otherwise requires, have the meaning ascribed thereto herein, and
the words and expressions defined in the Schedules and used therein shall have the
meaning ascribed thereto in the Schedules.
(ii) In this Agreement, the following words and expressions shall, unless repugnant to the
context or meaning thereof, have the meaning hereinafter respectively assigned to them:
“Accounting Year” means the financial year commencing from the first day of April of
any calendar year and ending on the thirty-first day of March of the next calendar year;
“Advance Payment” shall have the meaning set forth in Clause 19.2;
“Affected Party” shall have the meaning set forth in Clause 21.1;
“Affiliate” means, in relation to either Party {and/or Members}, a person who controls, is
controlled by, or is under the common control with such Party {or Member} (as used in
this definition, the expression “control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per
cent) of the voting shares of such person, and with respect to a person which is not a
company or corporation, the power to direct the management and policies of such person,
whether by operation of law or by contract or otherwise);
“Agreement” means this Agreement, its Recitals, the Schedules hereto and any
amendments thereto, or any supplementary agreement made in accordance with the
provisions contained in this Agreement;
“Applicable Laws” means all laws, brought into force and effect by the GOI or the State
Government including rules, regulations and notifications made thereunder, and
judgements, decrees, injunctions, writs and orders of any court of record, applicable to this
Agreement and the exercise, performance and discharge of the respective rights and
obligations of the Parties hereunder, as may be in force and effect during the subsistence of
this Agreement;
“Applicable Permits” means all clearances, licenses, permits, authorisations, no objection
certificates, consents, approvals and exemptions required to be obtained or maintained
under Applicable Laws in connection with the construction, operation and maintenance of
the Project Highway during the subsistence of this Agreement;
16
“Appointed Date” means the date declared by the Authority as the project commencement
date with the consent of the contractor, as per the process prescribed in Article 3 and 8 of
this Agreement;
“Arbitration Act” means the Arbitration and Conciliation Act, 1996, with all its
subsequent amendments;
“Authority” shall have the meaning attributed thereto in the array of Parties
hereinabove as set forth in the Recitals;
“Authority Default” shall have the meaning set forth in Clause 23.2;
“Authority’s Engineer” shall have the meaning set forth in Clause 18.1;
“Authority Representative” means such person or persons as may be authorised in
writing by the Authority to act on its behalf under this Agreement and shall include any
person or persons having authority to exercise any rights or perform and fulfill any
obligations of the Authority under this Agreement;
“Bank” means a bank incorporated in India and recognized by the Reserve Bank of India
“Base Rate” means the floor rate of interest announced by the State Bank of India for all
its lending operations;
“Base Date” means the last date of the calendar month, which precedes the Bid Due Date
by at least 28 (twenty-eight) days;
“Bid” means the documents in their entirety comprised in the bid submitted by the
[selected bidder/ Joint venture] in response to the Request for Proposal in accordance with
the provisions thereof;
“Bid Security” means the bid security provided by the Contractor to the Authority in
accordance with the Request for Proposal, and which is to remain in force until substituted
by the Performance Security;
“Change in Law” means the occurrence of any of the following after the Base Date:
(a) the enactment of any new Indian law;
(b) the repeal, modification or re-enactment of any existing Indian law;
(c) the commencement of any Indian law which has not come into effect until the Base
Date; or
(d) a change in the interpretation or application of any Indian law by a judgement of a
court of record which has become final, conclusive and binding, as compared to
such interpretation or application by a court of record prior to the Base Date.
“Change of Scope” shall have the meaning set forth in Article 13;
17
“Change of Scope Notice” shall have the meaning set forth in Clause 13.2 (i);
“Change of Scope Request” shall have the meaning set forth in Clause 13.2 (ii);
“Change of Scope Order” shall have the meaning set forth in Clause 13.2 (iv);
“Completion Certificate” shall have the meaning set forth in Clause 12.2;
“Construction” shall have the meaning set forth in Clause 1.2 (f);
“Construction Period” means the period commencing from the Appointed Date and ending on
the date of the Completion Certificate;
“Construction Zone” shall have the meaning set forth in Clause 8.3 (i);
“Contract Price” means the amount specified in Clause 19.1 (i);
“Contractor” shall have the meaning attributed thereto in the array of Parties
hereinabove as set forth in the Recitals;
“Contractor Default” shall have the meaning set forth in Clause 23.1;
“Cure Period” means the period specified in this Agreement for curing any breach or
default of any provision of this Agreement by the Party responsible for such breach or
default and shall:
(a) commence from the date on which a notice is delivered by one Party to the other
Party asking the latter to cure the breach or default specified in such notice;
(b) not relieve any Party from liability to pay Damages or compensation under the
provisions of this Agreement; and
(c) not in any way be extended by any period of Suspension under this Agreement;
provided that if the cure of any breach default by the Contractor requires any
reasonable action by the Contractor that must be approved by the Authority or the
Authority’s Engineer hereunder, the applicable Cure Period shall be extended by
the period taken by the Authority or the Authority’s Engineer to accord their
approval;
“Damages” shall have the meaning set forth in paragraph (w) of Clause 1.2;
“Defect” means any defect or deficiency in Construction of the Works or any part thereof,
which does not conform with the Specifications and Standards, and in the case of
Maintenance, means any Defect or deficiency which is specified in Schedule-E;
“Defects Liability Period” shall have the meaning set forth in Clause 17.1;
“Dispute” shall have the meaning set forth in Clause 26.1;
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“Dispute Resolution Procedure” means the procedure for resolution of Disputes set forth
in Article 26;
“Drawings” means all of the drawings, calculations and documents pertaining to the
Project Highway as set forth in Schedule-I, and shall include ‘as built’ drawings of the
Project Highway;
“Document” or “Documentation” means documentation in printed or written form, or in
tapes, discs, drawings, computer programmes, writings, reports, photographs, films,
cassettes, or expressed in any other written, electronic, audio or visual form;
“Emergency” means a condition or situation that is likely to endanger the safety or
security of the individuals on or about the Project Highway, including Users thereof, or
which poses an immediate threat of material damage to any of the Project Assets;
“Encumbrances” means, in relation to the Project Highway, any encumbrances such as
mortgage, charge, pledge, lien, hypothecation, security interest, assignment, privilege or
priority of any kind having the effect of security or other such obligations, and shall include
any designation of loss to payees or beneficiaries or any similar arrangement under any
insurance policy pertaining to the Project Highway, where applicable herein but excluding
utilities referred to in Clause 9.1;
“EPC” means engineering, procurement and construction;
“Final Payment Certificate” shall have the meaning set forth in Clause 19.15; “Final
Payment Statement” shall have the meaning set forth in Clause 19.13;
“Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it in
Clause 21.1;
“GAD” or “General Arrangement Drawings” shall have the meaning set forth in Clause
3.1 (iii) (b);
“GOI” or “Government” means the Government of India;
“Good Industry Practice” means the practices, methods, techniques, designs, standards,
skills, diligence, efficiency, reliability and prudence which are generally and reasonably
expected from a reasonably skilled and experienced contractor engaged in the same type of
undertaking as envisaged under this Agreement and which would be expected to result in
the performance of its obligations by the Contractor in accordance with this Agreement,
Applicable Laws and Applicable Permits in reliable, safe, economical and efficient
manner;
“Government Instrumentality” means any department, division or sub- division of the
Government or the State Government and includes any commission, board, authority,
agency or municipal and other local authority or statutory body including panchayat under
the control of the Government or the State Government, as the case may be, and having
jurisdiction over all or any part of the Project Highway or the
19
performance of all or any of the services or obligations of the Contractor under or pursuant
to this Agreement;
“Handover Memorandum” shall have the meaning set forth in Clause 8.2;
“IRC” means the Indian Roads Congress;
“Indemnified Party” means the Party entitled to the benefit of an indemnity pursuant
to Article 25;
“Indemnifying Party” means the Party obligated to indemnify the other Party pursuant
to Article 25;
“Indirect Political Event” shall have the meaning set forth in Clause 21.3;
“Insurance Cover” means the aggregate of the maximum sums insured under the
insurance taken out by the Contractor pursuant to Article 20, and includes all insurances
required to be taken out by the Contractor under Clauses 20.1 and 20.9 but not actually
taken, and when used in the context of any act or event, it shall mean the aggregate of the
maximum sums insured and payable or deemed to be insured and payable in relation to
such act or event;
“Intellectual Property” means all patents, trademarks, service marks, logos, get-up, trade
names, internet domain names, rights in designs, blue prints, programmes and manuals,
drawings, copyright (including rights in computer software), database rights, semi-
conductor, topography rights, utility models, rights in know-how and other intellectual
property rights, in each case whether registered or unregistered and including applications
for registration, and all rights or forms of protection having equivalent or similar effect
anywhere in the world;
“Interim Payment Certificate” or “IPC” means the interim payment certificate issued by
the Authority’s Engineer for payment to the Contractor in respect of Contractor’s claims
for payment raised in accordance with the provisions of this Agreement;
“Joint Venture” means the group of entities which have come together for implementation
of this Project;
“Lead Member” shall, in the case of a joint venture, mean the member of such joint
venture who shall have the authority to bind the contractor and each member of the Joint
venture; and shall be deemed to be the Contractor for the purposes of this Agreement; the
Lead Member shall itself undertake and perform at least 51% (fifty one per cent) of the
total length of the Project Highway;
“LOA” or “Letter of Acceptance” means the letter of acceptance issued by the Authority
as referred to in Recital (D);
“Maintenance” means the maintenance of the Project Highway as set forth in Article 14
for the period specified therein;
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“Maintenance Inspection Report” shall have the meaning set forth in Clause 15.2;
“Maintenance Manual” shall have the meaning ascribed to it in Clause 10.7;
“Maintenance Programme” shall have the meaning set forth in Clause 14.3;
“Maintenance Period” shall have the meaning set forth in Clause 14.1;
“Maintenance Requirements” shall have the meaning set forth in Clause 14.2;
“Major Bridge” means a bridge having a total length of more than 60 (sixty) metres between
the inner faces of the dirt walls as specified in IRC:5;
“Manual” shall mean the Manual of Standards and Specifications for Project
Highways;
“Material Adverse Effect” means a material adverse effect of any act or event on the
ability of either Party to perform any of its obligations under and in accordance with the
provisions of this Agreement and which act or event causes a material financial burden or
loss to either Party;
“Materials” comprise of all the supplies used by the Contractor used in the Works or for
the maintenance of the Project Highway;
“Monthly Maintenance Statement shall have the meaning set forth in Clause 19.6;
“MORTH” means the Ministry of Road Transport and Highways or any substitute thereof
dealing with Highways;
“Non-Political Event” shall have the meaning set forth in Clause 21.2;
“Parties” means the parties to this Agreement collectively and “Party” shall mean any of
the parties to this Agreement individually;
“Performance Security” and “Additional Performance Security” shall have the
meaning set forth in Clause 7.1;
“Plant” means the apparatus and machinery intended to form or forming part of the works
of the Works;
“Political Event” shall have the meaning set forth in Clause 21.4;
“Programme” shall have the meaning set forth in Clause 10.1 (iii);
“Project” means the construction and maintenance of the Project Highway in accordance
with the provisions of this Agreement, and includes all works, services and equipment
relating to or in respect of the Scope of the Project;
“Project Assets” means all physical and other assets relating to (a) tangible assets such as
civil works and equipment including foundations, embankments, pavements,
21
road surface, interchanges, bridges, culverts, road over-bridges, drainage works, traffic
signals, sign boards, kilometer-stones, [toll plaza(s)], electrical systems, communication
systems, rest areas, relief centres, maintenance depots and administrative offices; and (b)
Project Facilities situated on the Site;
“Project Completion Date” means the date on which the Completion Certificate is issued;
“Project Completion Schedule” means the progressive Project Milestones set forth in
Schedule-J for completion of the Project Highway on or before the Scheduled Completion
Date;
“Project Facilities” means all the amenities and facilities situated on the Site, as described
in Schedule-C;
“Project Highway” means the Site comprising the existing road {, proposed bypasses and
tunnels} forming part of [NH-** from km ** to km **] and all Project Assets, and its
subsequent development and augmentation in accordance with this Agreement;
“Project Milestone” means the project milestone set forth in Schedule-J;
“Proof Consultant” shall have the meaning set forth in Clause 10.2;
“Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause 11.2;
“Re.”, “Rs.” or “Rupees” or “Indian Rupees” or “INR” means the lawful currency of
the Republic of India;
“Request for Proposals” or “RFP” shall have the meaning set forth in Recital ‘C’;
“Retention Money” shall have the meaning set forth in Clause 7.5;
“Right of Way” means and refers to the total land required and acquired for the project,
both in its width and length, together with all way leaves, easements, unrestricted access
and other rights of way, howsoever described, necessary for construction and maintenance
of the Project Highway in accordance with this Agreement;
“Safety Consultant” shall have the meaning set forth in Clause 10.1;
“Scheduled Completion Date” shall be the date set forth in Clause 10.3;
“Scheduled Construction Period” means the period commencing from the
Appointed Date and ending on Scheduled Completion Date;
“Scope of the Project” shall have the meaning set forth in Clause 2.1;
“Section” means a part of the Project Highway;
“Site” shall have the meaning set forth in Clause 8.1;
22
“Specifications and Standards” means the specifications and standards relating to the
quality, quantity, capacity and other requirements for the Project Highway, as set forth in
Schedule-D, and any modifications thereof, or additions thereto, as included in the design
and engineering for the Project Highway submitted by the Contractor to, and expressly
approved by, the Authority;
"Stage Payment Statement" shall have the meaning set forth in Clause 19.4;
“Structures” means an elevated road or a flyover, as the case may be;
“Sub-contractor” means any person or persons to whom a part of the Works or the
Maintenance has been subcontracted by the Contractor and the permitted legal successors
in title to such person, but not an assignee to such person;
“Suspension” shall have the meaning set forth in Article 22;
“Taking Over Certificate” shall have the meaning set forth in Clause 14.10;
“Taxes” means any Indian taxes including GST, excise duties, customs duties, value added
tax, sales tax, local taxes, cess and any impost or surcharge of like nature (whether Central,
State or local) on the goods, Materials, equipment and services incorporated in and forming
part of the Project Highway charged, levied or imposed by any Government Instrumentality,
but excluding any interest, penalties and other sums in relation thereto imposed on any
account whatsoever. For the avoidance of doubt, Taxes shall not include taxes on corporate
income;
“Termination” means the expiry or termination of this Agreement;
“Termination Notice” means the communication issued in accordance with this
Agreement by one Party to the other Party terminating this Agreement;
“Termination Payment” means the amount payable by either Party to the other upon
Termination in accordance with Article 23;
“Terms of Reference” or “TOR” shall have the meaning set forth in Clause 18.2;
“Tests” means the tests set forth in Schedule-K to determine the completion of Works in
accordance with the provisions of this Agreement;
“Time Extension” shall have the meaning set forth in Clause 10.5;
“User” means a person who travels or intends to travel on the Project Highway or any part
thereof in/on any vehicle;
“Valuation of Unpaid works” shall have the meaning set forth in Clause 23.5;
“Works” means all works including survey and investigation, design, engineering,
procurement, construction, Plant, Materials, maintenance, temporary works and
23
other things necessary to complete the Project Highway in accordance with this
Agreement; and
“WPI” means the wholesale price index for various commodities as published by the
Ministry of Commerce and Industry, GOI and shall include any index which substitutes
the WPI, and any reference to WPI shall, unless the context otherwise requires, be
construed as a reference to the WPI published for the period ending with the preceding
month.
1.2 Interpretation
(i) In this Agreement, unless the context otherwise requires,
(a) references to any legislation or any provision thereof shall include amendment or
re-enactment or consolidation of such legislation or any provision thereof so far as
such amendment or re-enactment or consolidation applies or is capable of applying
to any transaction entered into hereunder;
(b) references to laws of India or Indian law or regulation having the force of law shall
include the laws, acts, ordinances, rules, regulations, bye laws or notifications
which have the force of law in the territory of India and as from time to time may
be amended, modified, supplemented, extended or re- enacted;
(c) references to a “person” and words denoting a natural person shall be construed as
a reference to any individual, firm, company, corporation, society, trust,
government, state or agency of a state or any association or partnership (whether or
not having separate legal personality) of two or more of the above and shall include
successors and assigns;
(d) the table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Agreement;
(e) the words “include” and “including” are to be construed without limitation and
shall be deemed to be followed by “without limitation” or “but not limited to”
whether or not they are followed by such phrases;
(f) references to “construction” or “building” include, unless the context otherwise
requires, survey and investigation, design, developing, engineering, procurement,
supply of plant, materials, equipment, labour, delivery, transportation, installation,
processing, fabrication, testing, and commissioning of the Project Highway,
including maintenance during the Construction Period, removing of defects, if any,
and other activities incidental to the construction and “construct” or “build” shall
be construed accordingly;
(g) references to “development” include, unless the context otherwise requires,
construction, renovation, refurbishing, augmentation, up- gradation and other
activities incidental thereto during the Construction Period, and “develop” shall be
construed accordingly;
24
(h) any reference to any period of time shall mean a reference to that according to
Indian standard time;
(i) any reference to day shall mean a reference to a calendar day;
(j) references to a “business day” shall be construed as a reference to a day (other
than a Sunday) on which banks in Delhi are generally open for business;
(k) any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;
(l) references to any date, period or Project Milestone shall mean and include such
date, period or Project Milestone as may be extended pursuant to this Agreement;
(m) any reference to any period commencing “from” a specified day or date and “till”
or “until” a specified day or date shall include both such days or dates; provided
that if the last day of any period computed under this Agreement is not a business
day, then the period shall run until the end of the next business day;
(n) the words importing singular shall include plural and vice versa;
(o) references to any gender shall include the other and the neutral gender;
(p) “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);
(q) “indebtedness” shall be construed so as to include any obligation (whether incurred
as principal or surety) for the payment or repayment of money, whether present or
future, actual or contingent;
(r) references to the “winding-up”, “dissolution”, “insolvency”, or “reorganisation”
of a company or corporation shall be construed so as to include any equivalent or
analogous proceedings under the law of the jurisdiction in which such company or
corporation is incorporated or any jurisdiction in which such company or
corporation carries on business including the seeking of liquidation, winding-up,
reorganisation, dissolution, arrangement, protection or relief of debtors;
(s) save and except as otherwise provided in this Agreement, any reference, at any
time, to any agreement, deed, instrument, licence or document of any description
shall be construed as reference to that agreement, deed, instrument, licence or other
document as amended, varied, supplemented, modified or suspended at the time of
such reference; provided that this Clause shall not operate so as to increase
liabilities or obligations of the Authority hereunder or pursuant hereto in any
manner whatsoever;
(t) any agreement, consent, approval, authorisation, notice, communication,
information or report required under or pursuant to this Agreement from or by any
Party or the Authority’s Engineer shall be valid and effective only if it is in writing
under the hand of a duly authorised representative of such Party or the Authority’s
Engineer, as the case may be, in this behalf and not otherwise;
25
(u) the Schedules and Recitals to this Agreement form an integral part of this
Agreement and will be in full force and effect as though they were expressly set
out in the body of this Agreement;
(v) references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this
Agreement shall, except where the context otherwise requires, mean references to
Recitals, Articles, Clauses, Sub-clauses and Schedules of or to this Agreement,
and references to a Paragraph shall, subject to any contrary indication, be construed
as a reference to a Paragraph of this Agreement or of the Schedule in which such
reference appears;
(w) the damages payable by either Party to the other of them, as set forth in this
Agreement, whether on per diem basis or otherwise, are mutually agreed genuine
pre-estimated loss and damage likely to be suffered and incurred by the Party
entitled to receive the same and are not by way of penalty or liquidated damages
(the “Damages”); and
(x) time shall be of the essence in the performance of the Parties’ respective
obligations. If any time period specified herein is extended for the reasons
specified in the Agreement, such extended time shall also be of the essence.
(ii) Unless expressly provided otherwise in this Agreement, any Documentation required to be
provided or furnished by the Contractor to the Authority shall be provided free of cost and
in three copies, and if the Authority is required to return any such Documentation with its
comments and/or approval, it shall be entitled to retain two copies thereof.
(iii) The rule of construction, if any, that a contract should be interpreted against the parties
responsible for the drafting and preparation thereof, shall not apply.
(iv) Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these purposes, the
General Clauses Act, 1897 shall not apply.
1.3 Measurements and arithmetic conventions
All measurements and calculations shall be in the metric system and calculations done to 2
(two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5
(five) being rounded down.
1.4 Priority of agreements and errors/discrepancies
(i) This Agreement, and all other agreements and documents forming part of or referred to in
this Agreement are to be taken as mutually explanatory and, unless otherwise expressly
provided elsewhere in this Agreement, the priority of this Agreement and other documents
and agreements forming part hereof or referred to herein shall, in the event of any conflict
between them, be in the following order:
(a) this Agreement; and
26
(b) all other agreements and documents forming part hereof or referred to herein;
i.e. this Agreement at (a) above shall prevail over the agreements and
documents at (b).
(ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies
within this Agreement, the following shall apply:
(a) between two or more Clauses of this Agreement, the provisions of a specific
Clause relevant to the issue under consideration shall prevail over those in
other Clauses;
(b) between the Clauses of this Agreement and the Schedules, the Clauses shall
prevail and between Schedules and Annexes, the Schedules shall prevail;
(c) between any two Schedules, the Schedule relevant to the issue shall prevail;
(d) between the written description on the Drawings and the Specifications and
Standards, the latter shall prevail;
(e) between the dimension scaled from the Drawing and its specific written
dimension, the latter shall prevail; and
(f) between any value written in numerals and that in words, the latter shall
prevail.
1.5 Joint and several liability
(i) If the Contractor has formed a Joint Venture of two or more persons for implementing
the Project:
(a) these persons shall, without prejudice to the provisions of this Agreement or
any other agreement, be deemed to be jointly and severally liable to the
Authority for the performance of the Agreement; and
(b) the Contractor shall ensure that no change in the composition of the Joint
Venture is effected without the prior consent of the Authority.
(ii) Without prejudice to the joint and several liability of all the members of the Joint
Venture, the Lead Member shall represent all the members of the Joint Venture and
shall always be liable and responsible for discharging the functions and obligations of
the Contractor. The Contractor shall ensure that each member of the Joint Venture
shall be bound by any decision, communication, notice, action or inaction of the Lead
Member on any matter related to this Agreement and the Authority shall be entitled to
rely upon any such action, decision or communication of the Lead Member. The
Authority shall have the right to release payments solely to the Lead Member and
shall not in any manner be responsible or be held liable for the inter se allocation of
payments among members of the Joint venture.
This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor
is a Joint venture, the Authority may, at its discretion, delete this provision.
27
Part II
Scope of Project
28
Article 2
Scope of the Project
2.1 Scope of the Project
Under this Agreement, the scope of the Project (the "Scope of the Project”) shall mean
and include:
(a) construction of the Project on the Site set forth in Schedule- A and as
specified in Schedule-B together with provision of Project Facilities as
specified in Schedule-C, and in conformity with the Specifications and
Standards set forth in Schedule-D;
(b) maintenance of the Project in accordance with the provisions of this
Agreement and in conformity with the requirements set forth in Schedule-E;
and
(c) Performance and fulfillment of all other obligations of the Contractor in
accordance with the provisions of this Agreement and matters incidental
thereto or necessary for the performance of any orally of the obligations of the
Contractor under this Agreement.
(d) The work will be executed under the overall supervision of Noida Authority.
The work will be monitored and supervised by Noida Authority in respect of
quality and quantity. The payment will be released by Noida Authority against
running bills to UPSBC. Hence it will be responsibility of contractor to get the
work Checked and Certified by Noida Authority representatives.
The right of way will be provided by Noida Authority, Also Noida Authority
will make available the site for work after shifting of services wherever
encounted in the alignment.
(e) Approaches and maintenance of the Project during the Defect Liability
Period, which shall be 02 years.
(f) No maintenance charges shall be paid during Defect liability period.
(g) Alignment to be kept as per UPSBC GAD, The alignment of the
Elevated road is along the Shahdra Drain on Right bank. The minimum
Vertical Clearance will be kept as 7.5 M from top of road level on right
bank as per conditions of Delhi flood Control department (Letter no
EE/CD-III/DB/T-01/2018-19/3883 dt. 4.12.2018 enclosed).
(h) There is an existing Gail Pile line laid along the alignment of Elevated road.
The work is to be executed as per the approval of GAIL (Letter No.
Gail/JLPL/868/ROU/2018-19/09 dt. 17.07.2019 enclosed).
It will be responsibility of the contractor/Bidder to ensure the safety of GAIL
gas pipe line in the alignment. Protection work where ever required to
safeguard the pipe line should be done as per the site condition and terms and
conditions of NOC of GAIL.
(i) The detail Length of Elevated corridor LHS & RHS is given below.
Mayur Vihar RHS REWall = 180.00 M Mayur Vihar LHS REWall = 0.00 M
Mayur Vihar RHS Exit Ramp= 785.33 M Mayur Vihar LHS Entry Ramp = 510.00 M
Main Portion CP1 to CP85 = 3307.20 M Main Portion CP1 to CP85 =3307.20 M
Mahamaya RHS Entry Ramp = 877.25 M Mahamaya LHS Exit Ramp = 426.00 M
Mahamaya RHS REWall = 48.50 M Mahamaya LHS REWall = 30.00 M
29
Total Length of Elevated Road RHS = Total Length of Elevated Road LHS =
5198.28 M 4273.20 M
Length of Intermediate Ramps-(5 Nos.)
(L1)Sector 15 LHS Entry-557.1M, (L2)Sector 16 LHS Exit- 560.0M, (R1)Sector 16 RHS Entry-535.0M,
(R2)Sector 16 RHS Exit-395.0M, (L3) Sector 18 LHS Exit-535.0M.
(j) The road top level, vertical and horizontal clearance at the obligatory span, Elevated
Road length and ramp length are the minimum specified any change in the above due
to site constraints or contractor's design or requirement shall not constitute change of
scope.
The span arrangements & type of super structure can be modified with prior approval
of authority's Engineer/Authority.
(k) UPSBC has already executed 584 piles and 9 Pile Caps in the project at various locations
whose detail is enclosed. The bidder has to take into consideration in the design the
executed work and the bidder should bid for the cost of balance work.
30
SCOPE OF THE PROJECT
Sl. Item Description of work
No. Construction of 6 Lane Elevated corridor from Mayur Vihar Flyover,
Delhi (Near Chilla Regulator) to MP-3 Road, Noida (Mahamaya Flyover)
along shahdara Drain in Distt-Gautam Buddha Nagar, U.P.
1. Main Elevated Road
Carriageway RHS-5198.28M
Carriageway LHS-4273.2M
Length of Intermediate Ramps-(5 Nos.)
Total Length of project (L1)Sector 15 LHS Entry-557.1M
(L2)Sector 16 LHS Exit- 560.0M
(R1)Sector 16 RHS Entry-535.0M
(R2)Sector 16 RHS Exit-395.0M
(L3)Sector 18 LHS Exit-535.0M
2. RHS & LHS Ramp (Mayur Vihar Side) – 3 lane
Main Viaduct - 6 Lane
No. of Lanes LHS &RHS Ramp (Mahamaya Side)- 3 lane
Intermediate Ramps - 2 Lane
3. Deck Width RHS & LHS Ramp (Mayur Vihar Side) – 12M
Main Viaduct - 24.20m
RHS Ramp (Mahamaya Side)- 14.5M & 12m
LHS Ramp (Mahamaya Side) -12m
Intermediate Ramps - 8.5m
4 RHS & LHS Ramp (Mayur Vihar Side) – 1x11M(3 lane)
Main Viaduct: 2x11m(6 Lane)
Carriageway Width RHS Ramp (Mahamaya Side)- 1x13.5M & 1x11m (3 lane)
LHS Ramp (Mahamaya Side)1x11m (3 lane)
Intermediate Ramps: 1x7.5m (2 Lane)
5. Crash Barrier R.C.C Crash Barrier
6. Railing M.S. Pipe Railing & View Cutter/Nose Barrier (As per MoRTH)
7. Service Road Earth filling in Service Road,
RHS Side Slip road from Excavation of Earth
Sarita Vihar to Noida Greater G.S.B.in Service Road
Noida Expressway – 206.00 Crust to be
W.M.M. in Service Road
Mtr.(Minimum 16.0 M design as per
Width) D.B.M
B.C MORTH/IR
Extra Lane on Noida Greater
Noida Expressway- 209.00 Prime Coat over WMM
Mtr. .(Minimum 3.5 M Tack Coat over Primed Surface & DBM
Width) Footpath with Drain
LHS Side Exit of Ramp on
PCC M15
Mahamaya Side- 83.00 Mtr.
(Minimum 4.5 M Width) RCC M25 in Drain
RHS Ramp Mayur Vihar Paver Block 65mm Thick including sand bed
Side-274Mtr.
(Minimum 6.75 M Width)
8.
EARTH WORK IN EXCAVATION FOR R.E WALL
LEAN CONCRETE IN M-15 IN RE WALL LEVELLING PAD
ERECTION OF R.E. WALL PANEL WITH GEO GRID
SAND / FLYASH FILLING IN APPROACHES
R.C.C. IN M-35 IN R.E. WALL COPPING
LEAN CONCRETE IN M-15 UNDER FRICTION SLAB
R.C.C. IN M-35 GRADE IN FRICTION SLAB
RCC CRASH BARRIER IN M-40
R.C.C. IN M-35 IN R.E. WALL PANEL
RE Wall Portion 150 MM DIA P.V.C. PIPE PERFORATE FOR DRAINAGE
GEO TEXTILE ARROUND 150 MM DIA P.V.C. PIPE
GRANULAR FILTER MEDIA
65 MM DIA M.S. PIPE RAILING OVER CRASH BARRIER
G.S.B.
W.M.M.
PRIME COAT OVER WMM
TACK COAT OVER WMM & DBM
D.B.M.
31
B.C.
LEAN CONCRETE BELOW APPROACH SLAB M-15
APPROACH SLAB M-30 GRADE WITH REINFORCEMENT
ELECTRIC POLE
THERMOPLASTIC PAINT
9
EARTH WORK IN EXCAVATION IN ORDINARY SOIL FOR
RETAING WALL
LEAN CONCRETE IN M-15 IN BELOW RETAING WALL
R.C.C. M-30 RETAINING WALL
SAND / FLYASH FILLING IN RETAINING WALL
RCC CRASH BARRIER IN M-40
GRANULAR FILTER MEDIA
65 MM DIA M.S. PIPE RAILING OVER CRASH BARRIER
RCC Retaining Wall G.S.B.
Portion W.M.M.
PRIME COAT OVER WMM
TACK COAT OVER WMM & DBM
D.B.M.
B.C.
LEAN CONCRETE BELOW APPROACH SLAB M-15
APPROACH SLAB M-30 GRADE WITH RAINFORCEMENT
WEEP HOLES FOR ALL RAMPS
ELECTRIC POLE
THERMOPLASTIC PAINT
`10 (Entry & Exit) 3lane Carriageway of width 11.00 Meter each with extra
widening in curve portion.
Approach Width (Intermediate Ramp) 2 lane Carriageway of width 7.50 Meter each with
extra widening in curve portion.
11 Foundation Type Pile Foundation in Viaduct
12 Substructure Main Elevated
Solid Pier and pier Cap
Road
13 Spine & Wings/Pre Stressed beam /Steel Girder with R.C.C Deck Slab/
Superstructure
Bow Sting Girder with RCC Deck slab/Box Girder with RCC Deck slab
14 Design Load The PROPSED ELEVATED ROAD CARRIAGEWAY IS DESIGNED AS PER
CLAUSE NO 204 OF IRC;6-2014 AND CLAUSE NO 7.2 OF IRC:SP:84-2014.
15 Drainage Spout and Down To be provided in each span as per MORTH
Take Pipe
16 Expansion Joint To be provided in each span as per MORTH
17 Electrification Electric Pole with Cable fitting etc.
18 Road Marking Thermoplastic Paint
19 Traffic Signage Retro Reflective Sign boards, Road Signage
20 Pile Load Test on 1200mm Initial Vertical Load test for 2.5 times of Design
dia RCC pile: capacity 1200 mm dia pile as per IS codes.
Initial Vertical Load test for 2.5 times for 1200 mm
dia pile as per IS codes.
Initial Vertical Load test for 2.5 times 1200 mm dia
pile.
Routine Vertical Load test for 1.5 times of Design
capacity as per IS codes
Initial Lateral load on pile
Routine Lateral load on pile
Low strain (Impact) Pile Integrity test
21 CCTV 360 Degree with 07 day In full Length of Elevated Road
backup at selected locations
32
22 Plantation in Median verge Filling good garden soil mix
Dressing (Rough & Fine)
Selction-1 Grass Supply
Grassing
Planting Shrubs (Labour, transport and
unloading) (Excluding cost of plant)
Plantation
23 Vertical Garden On Piers at Sector Crossing
24 Road Furniture Road reflective pavement markers (RRPM/Road Studs) with
Prismatic Retro reflective type. Providing and fixing of Road Studs
100 x 100 mm die cast in aluminum fitted with lenses reflectors
installed in concrete or asphaltic surface
25 Drainage As per site condition and design.
26 Environmental Management To be submitted by contractor
Plan
27 Retro Reflective Sign
boards Directional Board
Cautionary Board
Mandatory Sign Board
Hazard Markers
Misc. Retro Reflective Boards
28 Road Signage As per IS codes/ MORTH specification
29 Road Marking with As per IS codes/ MORTH specification
Thermoplastic Paint
30 Rain Water Harvesting Rain water Harvesting: Providing and constructing Rain water recharge pit
of 2 m deep and 1.0 m dia of precast RCC ring with 150mm dia x 25m
deep bore well with necessary filters , sand covers etc.
31 Drainage Spouts and Down As per design
Take Pipe
32 Electric Pole with Cable for As per design
33 Other Items View cutter / Noise Barrier on crash Barrier and Painting of crash barrier
33
Article 3
Obligations of the Authority
3.1 Obligations of the Authority
(i) The Authority shall, at its own cost and expense, undertake, comply with and perform all
its obligations set out in this Agreement or arising hereunder.
(ii) The Authority shall be responsible for the correctness of the Scope of the Project, Project
Facilities, Specifications and Standards and the criteria for testing of the completed Works.
(iii) The Authority shall, upon submission of the Performance Security as per the RFP by the
Contractor, shall provide to the Contractor:
(a) No less than 90% (ninety per cent) of the required Right of Way of the
Construction Zone of total length of the Project Highway within a period of 30
(thirty) days from the date of this Agreement, which shall be in contiguous
stretches of length not less than 5 (five) kilometre.
(b) approval of the general arrangement drawings (the “GAD”) from railway
authorities to enable the Contractor to construct road over- bridges/ under- bridges
at level crossings on the Project Highway in accordance with the Specifications
and Standards, and subject to the terms and conditions specified in such approval,
within a period of 60 (sixty) days from the Appointed Date, and reimbursement of
all the costs and expenses paid by the Contractor to the railway authorities for and
in respect of the road over- bridges/ under bridges; and
(c) all environmental clearances as required under Clause 4.3.
(iv) Delay in providing the Right of Way or approval of GAD by railway authorities, as the
case may be, in accordance with the provisions of Clause 3.1 (iii) shall entitle the
Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3
of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of
this Agreement. For the avoidance of doubt, the Parties agree that the Damages for delay in
approval of GAD by the railway authorities for a particular road over-bridge/ under-bridge
shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for
delay in providing Right of Way for a length of 2 (two) kilometre for each such road over-
bridge/ under-bridge.
34
(v) Notwithstanding anything to the contrary contained in this Agreement, the Parties
expressly agree that the aggregate Damages payable under Clauses 3.1 (iv), 8.3 and
9.5 shall not exceed 1% (one per cent) of the Contract Price. For the avoidance of doubt,
the Damages payable by the Authority under the aforesaid Clauses shall not be additive if
they arise concurrently from more than one cause but relate to the same part of the Project
Highway.
Both the parties agree that payment of such Damages shall be full and final settlement of all
claims of the Contractor and such compensation shall be the sole remedy against delays of
the Authority and both parties further agree that the payment of Damages shall be the final
cure for the Contractor against delays of the Authority, without recourse to any other
payments.
(vi) The Authority agrees to provide support to the Contractor and undertakes to observe,
comply with and perform, subject to and in accordance with the provisions of this
Agreement and the Applicable Laws, the following:
(a) upon written request from the Contractor, and subject to the Contractor complying
with Applicable Laws, provide reasonable support to the Contractor in procuring
Applicable Permits required from any Government Instrumentality for
implementation of the Project;
(b) upon written request from the Contractor, provide reasonable assistance to the
Contractor in obtaining access to all necessary infrastructure facilities and utilities,
including water and electricity at rates and on terms no less favourable than those
generally available to commercial customers receiving substantially equivalent
services;
(c) procure that no barriers that would have a material adverse effect on the works are
erected or placed on or about the Project Highway by any Government
Instrumentality or persons claiming through or under it, except for reasons of
Emergency, national security, law and order or collection of inter-state taxes;
(d) not do or omit to do any act, deed or thing which may in any manner violate any
provisions of this Agreement;
(e) support, cooperate with and facilitate the Contractor in the implementation of the
Project in accordance with the provisions of this Agreement; and
(f) upon written request from the Contractor and subject to the provisions of Clause
4.3, provide reasonable assistance to the Contractor and any expatriate personnel of
the Contractor or its Sub-contractors to obtain the applicable visas and the requisite
work permits for the purposes of discharge by the Contractor or its Sub-contractors
of their obligations under this Agreement and the agreements with the Sub-
contractors.
35
3.2 Maintenance obligations prior to the Appointed Date
The Authority shall, prior to the Appointed Date, maintain the Project Highway, at its
own cost and expense, so that its traffic worthiness and safety are at no time materially
inferior as compared to its condition 10 (ten) days prior to the last date for submission
of the Bid, and in the event of any material deterioration or damage other than normal
wear and tear, undertake repair thereof. For the avoidance of doubt, the Authority shall
undertake only routine maintenance prior to the Appointed Date, and it shall undertake
special repairs only in the event of excessive deterioration or damage caused due to
unforeseen events such as floods or earthquake.
3.3 Environmental Clearances
The Authority represents and warrants that the environmental clearances required for
construction of the Project shall be procured by the Authority prior to the date of issue
of LOA. For the avoidance of doubt, the present status of environmental clearances is
specified in Schedule-A.
3.4 Deemed Termination upon delay
Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of
Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not
occur, for any reason whatsoever, within 90 days of signing of the Agreement and
submission of the full Performance Security by the Contractor, the Agreement shall be
deemed to have been terminated. The Authority shall pay damages to the Contractor
equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All
other rights, privileges, claims and entitlements of the Contractor under or arising out
of this Agreement shall be deemed to have been waived by, and to have ceased. The
Contractor shall hand over all information in relation to the Highway, including but
not limited to any data, designs, drawings, structures, information, plans, etc. prepared
by them for the Highway, to the Authority.
36
Article4
Obligations of the Contractor
4.1 Obligations of the Contractor
(i) Subject to and on the terms and conditions of this Agreement, the Contractor shall
undertake the survey, investigation, design, engineering, procurement, construction, and
maintenance of the Project Highway and observe, fulfill, comply with and perform all its
obligations set out in this Agreement or arising hereunder.
(ii) The Contractor shall comply with all Applicable Laws and Applicable Permits (including
renewals as required) in the performance of its obligations under this Agreement.
(iii) Subject to the provisions of Clauses 4.1 (i) and 4.1 (ii), the Contractor shall discharge its
obligations in accordance with Good Industry Practice and as a reasonable and prudent
person.
(iv) The Contractor shall remedy any and all loss, defects, or damage to the Project Highway
from the Appointed Date until the end of the Construction Period at the Contractor’s cost,
save and except to the extent that any such loss, defect, or damage shall have arisen from
any willful default or neglect of the Authority.
(v) The Contractor shall remedy any and all loss, defect or damage to the Project Highway
during the Defects Liability Period at the Contractor’s cost to the extent that such loss,
defect or damage shall have arisen out of the reasons specified in Clause 17.3.
(vi) The Contractor shall remedy any and all loss or damage to the Project Highway during the
Maintenance Period at the Contractor’s cost, including those stated in Clause 14.1 (ii), save
and except to the extent that any such loss or damage shall have arisen on account of any
willful default or neglect of the Authority or on account of a Force Majeure Event.
(vii) The Contractor shall, at its own cost and expense, in addition to and not in derogation of its
obligations elsewhere set out in this Agreement:
(a) make, or cause to be made, necessary applications to the relevant Government
Instrumentalities with such particulars and details as may be required for obtaining
Applicable Permits set forth in Schedule-F and obtain and keep in force and effect
such Applicable Permits in conformity with the Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and
permissions for Materials, methods, processes and systems used or incorporated
into the Project Highway;
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(c) make reasonable efforts to maintain harmony and good industrial relations among
the personnel employed by it or its Sub-contractors in connection with the
performance of its obligations under this Agreement;
(d) ensure and procure that its Sub-contractors comply with all Applicable Permits and
Applicable Laws in the performance by them of any of the Contractor’s obligations
under this Agreement;
(e) not do or omit to do any act, deed or thing which may in any manner violate any
provisions of this Agreement;
(f) support, cooperate with and facilitate the Authority in the implementation and
operation of the Project in accordance with the provisions of this Agreement;
(g) ensure that the Contractor and its Sub-contractors comply with the safety and
welfare measures for labour in accordance with the Applicable Laws and Good
Industry Practice;
(h) Keep, on Site, a copy of this Agreement, publications named in this Agreement, the
Drawings, Documents relating to the Project, and Change of Scope orders and
other communications given under this Agreement. The Authority’s Engineer and
its authorised personnel shall have the right of access to all these documents at all
reasonable times;
(i) cooperate with other contractors employed by the Authority and personnel of any
public authority; and
(j) not interfere unnecessarily or improperly with the convenience of the public, or the
access to and use and occupation of all roads and footpaths, irrespective of
whether they are public or in the possession of the Authority or of others.
(viii) The Contractor shall undertake all necessary superintendence to plan, arrange, direct,
manage, inspect and test the Works. The Contractor shall provide all necessary
superintendence of the Works for the proper fulfilling of the Contractor's obligations under
the Agreement. Such superintendence shall be given by competent person having adequate
knowledge of the operations to be carried out (including the methods and techniques
required, the hazards likely to be encountered and methods of preventing accidents) for the
satisfactory and safe execution of the Works.
(ix) The Contractor shall obtain and maintain a project related bank account operational at site
where all transactions related to the payment of work will be done. The Contractor shall
submit a monthly account statement and a detailed report on utilization of funds transferred
to this project related bank account to Authority’s Engineer. Notwithstanding anything
contrary to this agreement, the authority, in the interest and to ensure timely completion of
the work, reserves the right to audit such bank accounts to ensure that there is no diversion
of funds from this project specific account to any other project being implemented by the
Contractor.
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(x) The Contractor shall provide the documents of the Contractor specified in the Agreement,
and all Contractors' personnel; Goods, consumables and other things and services, whether
of a temporary or permanent nature, required in and for the execution, completion of
Works and remedying defects.
(xi) The Contractor shall perform the Works in conformity with the Project requirements and
other requirements and standards prescribed under or pursuant to the Agreement.
(xii) The Contractor shall carry out such work incidental and contingent to the original Scope of
the Project to comply with Good Industry Practices.
(xiii) The Contractor shall maintain required staff and necessary Contractor’s equipment and
materials within the reach of the Site during the Defects Liability Period so that any defects
arising are promptly attended.
4.2 Obligations relating to sub-contracts and any other agreements
(i) The Contractor, whether Joint Venture or sole, shall not sub-contract any Works in more
than 49% (forty nine per cent) of the Contract Price and shall carry out Works directly
under its own supervision and through its own personnel and equipment in at least 51%
(fifty one per cent) of the Contract Price. Further, in case the Contractor is a Joint Venture,
then the Lead Member shall carry out Works directly through its own resources (men,
material and machines etc.) in at least 51% (fifty one per cent) of total length of the
Project Highway. Provided, however, that in respect of the Works carried out directly by the
Contractor, it may enter into contracts for the supply and installation of Materials, Plant,
equipment, road furniture, safety devices and labour, as the case may be, for such Works.
For the avoidance of doubt, the Parties agree that the Contractor may sub-divide the
aforesaid length of 51% (fifty one per cent) in no more than 5 (five) sections of the
Project Highway. The Parties further agree that all obligations and liabilities under this
Agreement for the entire project Highway shall at all times remain with the Contractor.
(ii) In the event any sub-contract for Works, or the aggregate of such sub-contracts with any
Sub-contractor, exceeds 5% (five percent) of the Contract Price, the Contractor shall
communicate the name and particulars, including the relevant experience of the Sub-
contractor, to the Authority prior to entering into any such sub-contract. The Authority
shall examine the particulars of the Sub- contractor from the national security and public
interest perspective and may require the Contractor, no later than 15 (fifteen) business days
from the date of receiving the communication from the Contractor, not to proceed with the
sub-contract, and the Contractor shall comply therewith.
(iii) In the event any sub-contract referred to in Clause 4.2 (ii) relates to a Sub- contractor who
has, over the preceding 3 (three) years, not undertaken at least one work of a similar nature
with a contract value exceeding 40% (forty per cent) of the value of the sub-contract to be
awarded hereunder, and received payments in respect thereof for an amount equal to at
least such 40% (forty per cent), the Authority may, no later
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than 15 (fifteen) business days from the date of receiving the communication from the
Contractor, require the Contractor not to proceed with such sub-contract, and the
Contractor shall comply therewith without delay or demur.
(iv) It is expressly agreed that the Contractor shall, at all times, be responsible and liable for all
its obligations under this Agreement notwithstanding anything contained in the agreements
with its Sub-contractors or any other agreement that may be entered into by the Contractor,
and no default under any such agreement shall excuse the Contractor from its obligations or
liability under this Agreement. However, in case of non-compliance of the Contractor
towards his obligations for payments to the approved Sub-contractor(s), which is likely to
affect the progress of works, the authority reserves the right to intervene and direct the
Contractor to release such outstanding payments to approved Sub-contractor(s) out of the
payments due for the completed Works in the interest of work.
4.3 Employment of foreign nationals
The Contractor acknowledges, agrees and undertakes that employment of foreign personnel
by the Contractor and/or its Sub-contractors and their sub- contractors shall be subject to
grant of requisite regulatory permits and approvals including employment/ residential visas
and work permits, if any required, and the obligation to apply for and obtain the same shall
always rest with the Contractor. Notwithstanding anything to the contrary contained in this
Agreement, refusal of or inability to obtain any such permits and approvals by the
Contractor or any of its Sub- contractors or their sub-contractors shall not constitute a
Force Majeure Event, and shall not in any manner excuse the Contractor from the
performance and discharge it of its obligations and liabilities under this Agreement, and the
Contractor’s liabilities hereunder shall remain unaffected by such failure, refusal or
inability.
4.4 Contractor’s personnel
(i) The Contractor shall ensure that the personnel engaged by it or by its Sub- contractors in
the performance of its obligations under this Agreement are at all times appropriately and
adequately qualified, skilled and experienced in their respective functions in conformity
with Good Industry Practice. The Contractor will try to hire at least 10% (ten percent)
trained workmen as per the National Skills Qualifications Framework. If necessary, the
requisite workmen may be got trained by the Contractor at his cost through authorized
training centres of the Directorate General of Training (DGT). The Contractor will organize
training at project site/ sites for the trainees as and when required as per the training
schedule finalized in consultation with the training centres. The trainees shall be paid
stipend by the Contractor (subject to a maximum of Rs. 15,000/- per person) on the basis of
minimum wages to compensate for loss of income during the training period.
(ii) The Authority’s Engineer may, for reasons to be specified in writing, direct the Contractor
to remove any member of the Contractor’s or Sub-contractor’s personnel. Provided that
any such direction issued by the Authority’s Engineer shall specify the reasons for the
removal of such person.
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(iii) The Contractor shall on receiving such a direction from the Authority’s Engineer order for
the removal of such person or persons with immediate effect. It shall be the duty of the
Contractor to ensure that such persons are evicted from the Site within 10 (ten) days of any
such direction being issued in pursuance of Clause 4.4 (ii). The Contractor shall further
ensure that such persons have no further connection with the Works or Maintenance under
this Agreement. The Contractor shall then appoint (or cause to be appointed) a
replacement.
4.5 Advertisement on Project Highway
The Project Highway or any part thereof shall not be used in any manner to advertise any
commercial product or services.
4.6 Contractor's care of the Works
The Contractor shall bear full risk in, and take full responsibility for, the care of the Works,
and of the Materials, goods and equipment for incorporation therein, from the Appointed
Date until the date of Completion Certificate, save and except to the extent that any such
loss or damage shall have arisen from any willful default or gross neglect of the Authority.
4.7 Electricity, water and other services
The Contractor shall be responsible for procuring of all utilities as may be required,
including without limitation, adequate power, water and other services.
4.8 Unforeseeable difficulties
Except as otherwise stated in the Agreement:
(a) the Contractor accepts complete responsibility for having foreseen all
difficulties and costs of successfully completing the Works;
(b) the Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs; and
(c) the Scheduled Completion Date shall not be adjusted to take account of any
unforeseen difficulties or costs.
4.9 Co-ordination of the Works
(i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of
the other Project contracts and other agreements the Authority has negotiated and entered
into for performance of its obligations under the Agreement ( copies of other contracts and
other agreements are made available to the Contractor from time to time) and that the
Contractor is fully aware of the consequences to the Authority which would or are likely to
result from a breach by the Contractor of its obligations under the Agreement. In the event
the actions of the Contractor result in the breach by the Authority of any or all of the other
Project contracts and such breach imposes any liability on the Authority, the Contractor
shall: (a) undertake all
41
steps as may be possible to mitigate or neutralize the liability that has arisen, and (b)
indemnify the Authority against any such liability and compensate the Authority to that
extent.
(ii) The Contractor shall be responsible for the co-ordination and proper provision of the
Works, including co-ordination of other Contractors or Sub-contractors for the Project. The
Contractor shall co-operate with the Authority in the co- ordination of the Works with the
works under the other Project contracts. The Contractor shall provide all reasonable
support for carrying out their work to:
(a) any other contractors employed by the Authority;
(b) the workmen of the Authority;
(c) the workmen of any Governmental Instrumentality who may be employed in the
execution of work on or near the Site; and
(d) such other persons as is required in the opinion of the Authority for successful
completion of the Project.
4.10 Environmental Measures
(i) The Contractor agrees to conduct its activities in connection with the Agreement in such a
manner so as to comply with the environmental requirements which includes, inter alia, all
the conditions required to be satisfied under the environmental clearances and applicable
law, and assumes full responsibility for measures which are required to be taken to ensure
such compliance.
4.11 Site Data
(i) The Contractor shall be deemed to have inspected and examined the Site and its
surroundings and to have satisfied himself before entering into the Agreement in all
material respects including but not limited to:
(a) the form and nature of the Site (including, inter-alia, the surface and sub- surface
conditions and geo-technical factors);
(b) the hydrological and climatic conditions;
(c) the extent and nature of the works already completed and Materials necessary for
the execution and completion of the Works and the remedying of any defects that
includes already executed part also.
(d) the suitability and the adequacy of the Site for the execution of the Works;
(e) the means of access to the Site and the accommodation the Contractor may require;
(f) arranging permits as required as per [.] of the Agreement.
(g) the requirements of operation and maintenance; and
(h) all other factors and circumstances affecting the Contractor's rights and obligations
under the Agreement, the Contract Price and Time for Completion.
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4.12 Sufficiency of Contract Price
The Contractor shall have satisfied itself as to the correctness and sufficiency of the
Contract Price. The Contract Price shall cover all its obligations under the Agreement,
in addition to all risks the Contractor has agreed to undertake under the Agreement,
including those associated with the performance of its obligations under the
Agreement and all things necessary for the provision of the Works in a manner
satisfactory to the Authority and in accordance with this Agreement.
4.13 Clearance of the Site
During the provision of the Works, and as a pre-condition to the issue of the Taking-
Over Certificate, the Contractor shall clear away and remove from the Site, all
Contractor's equipment, surplus material, wreckage, rubbish and temporary Works,
and shall keep the Site free from all unnecessary obstructions, and shall not store or
dispose of any Contractor's equipment or surplus materials on the Site. The Contractor
shall promptly clear away and remove from the Site any wreckage, rubbish or
temporary Works no longer required and leave the Site and the Works in a clean and
safe condition to the sole satisfaction of the Authority.
4.14 The Contractor [Class I Local Supplier/ Class II Local Supplier/ Non Local
Supplier] undertakes to ensure minimum Local Content in the Project Highway
of at least [50%/20%] duly complying with the provisions of Department for
Promotion of Industry and Internal Trade, Ministry of Commerce and Industry,
Government of India Order No. P-4502112/2017-PP (BE- II) dated September
16, 2020, as amended or modified till Bid Due Date and the provisions under
Rule 144(xi) of GFR, 2017.
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Article 5
Representations and Warranties
5.1 Representations and warranties of the Contractor
(i) The Contractor represents and warrants to the Authority that:
(a) it is duly organised and validly existing under the laws of India, and has full power
and authority to execute and perform its obligations under this Agreement and to
carry out the transactions contemplated hereby;
(b) it has taken all necessary corporate and/or other actions under Applicable Laws to
authorise the execution and delivery of this Agreement and to validly exercise its
rights and perform its obligations under this Agreement;
(c) this Agreement constitutes its legal, valid and binding obligation, enforceable
against it in accordance with the terms hereof, and its obligations under this
Agreement will be legally valid, binding and enforceable against it in accordance
with the terms hereof;
(d) it is subject to the laws of India, and hereby expressly and irrevocably waives any
immunity in any jurisdiction in respect of this Agreement or matters arising
thereunder including any obligation, liability or responsibility hereunder;
(e) the information furnished in the Bid, Request for Qualification and Request for
Proposals or otherwise and as updated on or before the date of this Agreement is
true and accurate in all respects as on the date of this Agreement;
(f) the execution, delivery and performance of this Agreement will not conflict with,
or result in the breach of, or constitute a default under, or accelerate performance
required by any of the terms of its memorandum and articles of association or any
Applicable Laws or any covenant, contract, agreement, arrangement,
understanding, decree or order to which it is a party or by which it or any of its
properties or assets is bound or affected;
(g) there are no actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before any
other judicial, quasi-judicial or other authority, the outcome of which may result in
the breach of this Agreement or which individually or in the aggregate may result in
any material impairment of its ability to perform any of its obligations under this
Agreement;
(h) it has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any Government
Instrumentality which may result in any material adverse effect on its ability to
perform its obligations under this Agreement and no fact or
44
circumstance exists which may give rise to such proceedings that would adversely
affect the performance of its obligations under this Agreement;
(i) it has complied with Applicable Laws in all material respects and has not been
subject to any fines, penalties, injunctive relief or any other civil or criminal
liabilities which in the aggregate have or may have a material adverse effect on its
ability to perform its obligations under this Agreement;
(j) no representation or warranty by it contained herein or in any other document
furnished by it to the Authority or to any Government Instrumentality in relation to
Applicable Permits contains or will contain any untrue or misleading statement of
material fact or omits or will omit to state a material fact necessary to make such
representation or warranty not misleading;
(k) no sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to
any person by way of fees, commission or otherwise for securing the contract or
entering into this Agreement or for influencing or attempting to influence any
officer or employee of the Authority in connection therewith;
(l) nothing contained in this Agreement shall create any contractual relationship or
obligation between the Authority and any Sub- contractors, designers, consultants
or agents of the Contractor;
(m) it is adequately financed has the requisite knowledge, expertise, technical know-
how, experience, resources, infrastructure, licenses, patents, copy rights, for
designing, supplying/ procuring the goods and materials, and for providing the
installation and construction services required for completing the construction of
the Project Facilities; and
(ii) it represents the Authority that:
(a) it owns or has the right to use all “Intellectual Property” necessary to perform the
contractual obligations and to carry on the Works without conflict with the right of
others;
(b) All intellectual property rights necessary to perform the contractual obligations and
to carry on the Works are in full force and effect and are vested in, and beneficially
owned by the Contractor, and are free from encumbrances.
(c) None of the intellectual property rights is being used, claimed, or posed or attacked
by any other person, nor does the use of such intellectual property rights or any
part of them infringe the intellectual property rights owned or enjoyed by any third
party.
(d) None of the intellectual property rights owned or used by the Contractor is the
subject of any claim, opposition, attack, assertion or other arrangement of
whatsoever nature which does or may impinge upon their use, validity,
enforceability or ownership by the Parties, and there are no grounds or other
circumstances which may give rise to the same.
45
(e) No licenses or registered user or other rights have been granted or agreed to be
granted to any third party in respect of such intellectual property rights.
(f) No act has been done or has been omitted to be done to entitle any authority or
person to cancel, forfeit or modify any intellectual property rights.
(g) The Contractor shall notify the Authority of any adverse use of the intellectual
property rights or confusingly or deceptively similar to the intellectual property
rights.
(h) The Contractor shall recognize the Authority’s ownership and title to the
intellectual property rights and shall not at any time, either directly or indirectly,
put to issue the validity or ownership of the intellectual property rights and it will
not do any act or thing, either directly or indirectly, which in anyway impairs the
validity and ownership of the intellectual property rights.
(i) The Contractor shall, promptly execute, acknowledge and deliver all documents
which are requested by Authority to record with appropriate governmental
agencies and authorities the fact that the Authority has the right to the use of the
said intellectual property rights.
(j) The Contractor shall not, for any reason, object to, or interfere in any way with the
ownership, registration or use of the intellectual property rights by the Authority
(or its licensee or assigns) for any purpose whatsoever.
(iii) The Contractor is fully aware that the Agreement is inter linked with the other Project
contracts and the non-performance or deficient performance or default by the Contractor
and/or any of the Contractor’s personnel or Subcontractors under one among the said
contracts will have bearing on the other contracts and the evaluation of the Contractor’s
performance under the Agreement and the Project itself.
(iv) If at any time during the Defects Liability Period any item of the Works or Project
Facilities or any part thereof, do not conform to the Authority requirements and
Specifications and Standards, on being so notified by the Authority, the Contractor shall
promptly rectify/remedy such nonconformity to the satisfaction of the Authority solely at
the Contractor's expense; failing which the Authority may reject or revoke Taking-Over
Certificate, and the Authority may proceed to correct the Contractor's nonconforming
Work by the most expeditious means available, the costs of which shall be to the
Contractor's account; or the Authority may retain the non-conforming Work and an
equitable adjustment reducing the total Contract Price to reflect the diminished value of
such non-conforming Work will be made by written amendment.
(v) In addition to the other warranties, the Contractor represents and warrants as follows:
(a) The Contractor has (or, if the technology does not currently exist, will have granted
at the time of passing to The Employer) in and to the technology used in the
equipment, materials, goods, Works, Contractor's documents, Drawings and
Manuals (“Technology") -
i. all right, title and interest free of any lien, claim or restriction; and
46
ii. Right to grant to the Authority the right to use the Technology for the purpose of this
contract, free of any lien, claim or restriction and on the terms of license as required.
(b) The Contractor has granted (or, if the technology does not currently exist, will
grant at the time of passing to the Authority the property and title in and to the
equipment, materials, goods, Works, spares, Contractor's documents, Drawings
and Manuals in which it is used) to the Authority the right to use the Technology,
free of any lien, claim or restriction.
(vi) In addition to the other Warranties, the Contractor represents and warrants as follows:
(a) No Technology contains any worm (i.e., a program that travels from one computer
to another computer but does not attach itself to the operating system of the
computer it enters), virus (i.e., a program that travels from one computer to another
computer that attaches itself to the operating system it enters) or self-destruct
capability.
(b) The Technology will not abnormally end or provide invalid or incorrect results as
a result of date-dependent data.
(c) The Technology can accurately recognize, manage, accommodate, and manipulate
date-dependent data, including single and multi-century formulas and leap years.
(vii) No criminal proceedings instituted against any of the employees or Directors of the
Contractor.
(viii) Till date the services of the Contractor has not been terminated by any person for any
breach or non-performance or negligence by the Contractor.
5.2 Representations and warranties of the Authority
The Authority represents and warrants to the Contractor that:
(a) it has full power and authority to execute, deliver and perform its obligations under
this Agreement and to carry out the transactions contemplated herein and that it has
taken all actions necessary to execute this Agreement, exercise its rights and
perform its obligations, under this Agreement;
(b) it has taken all necessary actions under the Applicable Laws to authorise the
execution, delivery and performance of this Agreement;
(c) it has the financial standing and capacity to perform its obligations under this
Agreement;
(d) this Agreement constitutes a legal, valid and binding obligation enforceable against
it in accordance with the terms hereof;
(e) it has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any
47
Government Instrumentality which may result in any material adverse effect
on the Authority’s ability to perform its obligations under this Agreement;
(f) it has complied with Applicable Laws in all material respects;
(g) it has good and valid right to the Site and has the power and authority to grant
the Right of Way in respect thereof to the Contractor; and
(h) it has procured Right of Way and environment clearances such that the
Contractor can commence construction forthwith on 90% (ninety per cent) of
the total length of the Project Highway.
5.3 Disclosure
In the event that any occurrence or circumstance comes to the attention of either Party
that renders any of its aforesaid representations or warranties untrue or incorrect, such
Party shall immediately notify the other Party of the same. Such notification shall not
have the effect of remedying any breach of the representation or warranty that has been
found to be untrue or incorrect nor shall it adversely affect or waive any
obligation of either Party under this Agreement.
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Article 6
Disclaimer
6.1 Disclaimer
(i) The Contractor acknowledges that prior to the execution of this Agreement, the
Contractor has, after a complete and careful examination, made an independent
evaluation of the Request for Proposal, Scope of the Project, Specifications and
Standards of design, construction and maintenance, Site, local conditions, physical
qualities of ground, subsoil and geology, traffic volumes, suitability and availability of
access routes to the Site and all information provided by the Authority or obtained,
procured or gathered otherwise, and has determined to its satisfaction the accuracy or
otherwise thereof and the nature and extent of difficulties, risks and hazards as are
likely to arise or may be faced by it in the course of performance of its obligations
hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no
representation whatsoever, express, implicit or otherwise, regarding the accuracy,
adequacy, correctness, reliability and/or completeness of any assessment, assumptions,
statement or information provided by it and the Contractor confirms that it shall have
no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the
correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or
error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby
acknowledges and agrees that the Authority shall not be liable for the same in any
manner whatsoever to the Contractor, or any person claiming through or under any of
them, and shall not lead to any adjustment of Contract Price or Scheduled Completion
Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth
in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of
the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the
other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall
be borne by the Contractor; and the Authority shall not be liable in any manner for
such risks or the consequences thereof.
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Part III
Construction and Maintenance
50
Article 7
Performance Security
7.1 Performance Security
(i) (A) Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the
form set forth in Annex-I of Schedule-G (the “Performance Security”) for an amount
equal to 5% (five percent) of its Bid Price. In case of bids mentioned below, the Selected
Bidder, along with the Performance Security, shall also furnish to the Authority an
irrevocable and unconditional guarantee from a Bank in the same form given at Annex-I of
Schedule-G towards an Additional Performance Security (the “Additional Performance
Security”) for an amount calculated as under:
(a) If the Bid Price offered by the Selected Bidder is lower than 10% but upto 20% of
the estimated Project Cost, then the Additional Performance Security shall be
calculated @20% of the difference in the (i) Estimated Project Cost (as mentioned
in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price offered by the
selected Bidder.
(b) If the Bid Price offered by the Selected Bidder is lower than 20% of the Estimated
Project Cost, then the Additional Performance Security shall be calculated @ 30%
of the difference in the (i) Estimated Project Cost (as mentioned in RFP)-10% of
the Estimated Project Cost and (ii) the Bid Price offered by the Selected Bidder.
(c) This Additional Performance Security shall be treated as part of the Performance
Security.
(B) The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28 (twenty eight)
days after Project Completion Date.
(ii) The Selected Bidder has the option to provide 50% of the Performance Security and 50%
of the Additional Performance Security, if any, within 30 (thirty) days of receipt of Letter
of Acceptance, in any case before signing of the Contract Agreement and the remaining
Performance Security and Additional Performance Security, if any, shall be submitted
within 30 days of signing of this agreement.
(iii) In the event the Selected Bidder fails to provide the remaining Performance Security and
Additional Performance Security, if any, as prescribed herein, it may seek extension of
time for a further period upto 60 days by paying the Damages upfront along with the
request letter seeking the extension. The Damages shall be the sum calculated at the rate of
0.01% (zero point zero one per cent) of the Bid Price offered by the Selected Bidder for
each day until the Performance Security and Additional Performance Security, if any, is
provided in full as prescribed herein. The damages at full rate as given above shall be
applicable even if a part of the Performance Security and the Additional Performance
Security is provided.
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(iv) For avoidance of any doubt, in case of failure of submission of Performance Security and
Additional Performance Security, if any, within the additional 60 days’ time period, the
award shall be deemed to be cancelled/ withdrawn and the Bid Security shall be encashed
and the proceeds thereof appropriated by the Authority. Thereupon all rights, privileges,
claims and entitlements of the Contractor under or arising out of the Award shall be
deemed to have been waived by, and to have ceased with the concurrence of the
Contractor, and the Award shall be deemed to have been withdrawn by the Authority
7.2 Extension of Performance Security and Additional Performance Security
The Contractor may initially provide the Performance Security for a periodof 2 (two) years;
provided that it shall procure the extension of the validity of the Performance Security, as
necessary, at least 2 (two) months prior to the date of expiry thereof. Upon the Contractor
providing an extended Performance Security, the previous Performance Security shall be
deemed to be released and the Authority shall return the same to the Contractor within a
period of 7 (seven) business days from the date of submission of the extended Performance
Security.
7.3 Appropriation of Performance Security
(i) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its
other rights and remedies hereunder or in law, be entitled to encash and appropriate the
relevant amounts from the Performance Security as Damages for such Contractor’s
Default.
(ii) Upon such encashment and appropriation from the Performance Security, the Contractor
shall, within 30 (thirty) days thereof, replenish, in case of partial appropriation, to its
original level the Performance Security, and in case of appropriation of the entire
Performance Security provide a fresh Performance Security, as the case may be, and the
Contractor shall, within the time so granted, replenish or furnish fresh Performance
Security as aforesaid failing which the Authority shall be entitled to terminate the
Agreement in accordance with Article 23. Upon replenishment or furnishing of a fresh
Performance Security, as the case may be, as aforesaid, the Contractor shall be entitled to
an additional Cure Period of 30 (thirty) days for remedying the Contractor’s Default, and in
the event of the Contractor not curing its default within such Cure Period, the Authority
shall be entitled to encash and appropriate such Performance Security as Damages, and to
terminate this Agreement in accordance with Article 23.
7.4 Release of Performance Security
(i) The Authority shall return the Performance Security to the Contractor within 60 (sixty)
days of the expiry of the Maintenance Period or the Defects Liability Period, whichever is
later, under this Agreement. Notwithstanding the aforesaid, the Parties agree that the
Authority shall not be obliged to release the Performance Security until all Defects
identified during the Defects Liability Period have been rectified.
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(ii) The Authority shall return the Additional Performance Security to the Contractor
within 28 (twenty-eight) days from the date of issue of Completion Certificate under
Article 12 of this Agreement.
(iii) The Authority shall be liable to pay interest @ 9% (nine per cent) per annum for any
delay in the return of Performance Security and Additional Performance Security, if
any, beyond the period prescribed above for the period of delay.
7.5 Retention Money
(i) From every payment for Works due to the Contractor in accordance with the
provisions of Clause 19.5, the Authority shall deduct 6% (six per cent) thereof as
guarantee money for performance of the obligations of the Contractor during the
Construction Period (the “Retention Money”) subject to the condition that the
maximum amount of Retention Money shall not exceed 5% (five per cent) of the
Contract Price.
(ii) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its
other rights and remedies hereunder or in law, be entitled to appropriate the relevant
amounts from the Retention Money as Damages for such Contractor’s Default.
(iii) Within 15 (fifteen) days of the date of issue of the Completion Certificate, the
Authority shall refund the balance of Retention Money remaining with the Authority
after adjusting the amounts appropriated under the provisions of Clause 7.5 (ii).
(iv) The Parties agree that in the event of Termination of this Agreement, the Retention
Money specified in this Clause 7.5 shall be treated as if they are Performance Security
and shall be reckoned as such for the purposes of Termination Payment under Clause
23.6.
10 TheAuthority may, in its discretion, omit Clause 7.5 and in lieu thereof increase the Performance Security
under Clause 7.1 from 7.5% (seven point five per cent) to 10% (ten per cent).
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Article 8
Right of Way
8.1 The Site
The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-
A in respect of which the Right of Way shall be provided by the Authority to the
Contractor. The Authority shall be responsible for:
(a) acquiring and providing Right of Way on the Site in accordance with the alignment
finalised by the Authority, free from all encroachments and encumbrances, and
free access thereto for the execution of this Agreement; and
(b) Obtaining licences and permits for environment clearance for the Project Highway.
8.2 Procurement of the Site
(i) The Authority Representative, the Contractor and Authority’s Engineer shall, within 10
(ten) days of the date of this Agreement, inspect the Site and prepare a detailed
memorandum containing an inventory of the Site including the vacant and unencumbered
land, buildings, structures, road works, trees and any other immovable property on or
attached to the Site (hereinafter referred to as the “Handover Memorandum”). Subject to
the provisions of Clause 8.2 (iii), the Handover Memorandum shall have appended thereto
an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to
which vacant access and Right of Way has not been given to the Contractor along with
details of hindrances in the Construction Zone. For sake of clarity the Handover
Memorandum shall clearly specify the parts of Site where work can be executed. Signing
of the Handover Memorandum, in three counterparts (each of which shall constitute an
original), by the authorized representatives of the Authority, Contractor and Authority’s
Engineer shall be deemed to constitute a valid evidence of giving the Right of Way to the
Contractor for discharging its obligations under and in accordance with the provisions of
this Agreement and for no other purpose whatsoever.
(ii) Whenever the Authority is ready to hand over any part or parts of the Site included in the
Appendix, it shall inform the Contractor, by notice, of the proposed date and time such of
hand over. The Authority Representative and the Contractor shall, on the date so notified,
inspect the specified parts of the Site, and prepare a memorandum containing an inventory
of the vacant and unencumbered land, buildings, structures, road works, trees and any other
immovable property on or attached to the Site so handed over. The signing of the
memorandum, in three (3) counterparts (each of which shall constitute an original), by the
authorised representatives of the Parties shall be deemed to constitute a valid evidence of
giving the relevant Right of Way to the Contractor.
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If the contractor fails to join for site inspection or disputes the parts of the site available for
work, the Authority’s Engineer shall decide the parts of the site where work can be
executed and notify to both the parties within 3 days of the proposed date of inspection. The
parties agree that such notification of the Authority’s Engineer as mentioned hereinabove
shall be final and binding on the parties.
(iii) The Authority shall provide the Right of Way to the Contractor in respect of all land
included in the Appendix by the date specified in Schedule-A for those parts of the Site
referred to therein, and in the event of delay for any reason other than Force Majeure or
breach of this Agreement by the Contractor, it shall pay to the Contractor, Damages in a
sum calculated in accordance with Clause 8.3. The Contractor agrees that it shall not be
entitled to claim any other damages on account of any such delay by the Authority.
(iv) Notwithstanding anything to the contrary contained in this Clause 8.2, the Authority shall
specify the parts of the Site, if any, for which Right of Way shall be provided to the
Contractor on the dates specified in Schedule-A. Such parts shall also be included in the
Appendix prepared in pursuance of Clause 8.2 (i).
(v) The Authority further acknowledges and agrees that prior to the Appointed Date, it shall
have procured issuance of the statutory notification under Applicable Laws for vesting of
all the land comprising the Project in the Authority and has taken possession of area for
Construction Zone for at least 90% (ninety per cent) of the total length of the Project
Highway. The Parties also acknowledge and agree that the conditions specified in this
Clause 8.2 (iii) shall not be modified or waived by either Party.
(vi) For the avoidance of doubt, the Parties expressly agree that the Appendix shall in no event
contain sections of the Project Highway the cumulative length of which exceeds 10% (ten
percent) of the total length of the Project Highway.
(vii) Pursuant to signing of Handover Memorandum under clause 8.2 (i), Contractor shall
submit to the Authority’s Engineer, a monthly land possession report till expiry of 180 (one
hundred and eighty) days from Appointed Date, in respect of those parts of the site to
which vacant access and right of way was not given to the contractor and included in
Appendix to the memorandum signed under clause 8.2 (i), duly specifying the part of the
site, if any, for which the right of way is yet to be handed over.
8.3 Damages for delay in handing over the Site
(i) In the event the Right of Way to any part of the Site is not provided by the Authority on or
before the date(s) specified in Clause 8.2 for any reason other than Force Majeure or breach
of this Agreement by the Contractor, the Authority shall pay Damages to the Contractor a
sum calculated in accordance with the following formula for and in respect of those parts of
the Site to which the Right of Way has not been provided:
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Where,
C = the Contract Price;
L = length of the Project Highway in metres; and
N = Completion period in days (Appointed Date to Scheduled Completion Date)
In the event that any Damages are due and payable to the Contractor under the provisions
of this Clause 8.3 (i) for delay in providing the Right of Way, the Contractor shall, subject
to the provisions of Clause 10.5, be entitled to Time Extension equal to the period for
which the Damages have become due and payable under this Clause 8.3 (i), save and
except that:
(a) if any delays involve time overlaps, the overlaps shall not be additive; and
(b) such Time Extension shall be restricted only to the Works which are affected by
the delay in providing the Right of Way.
For the avoidance of doubt, the Parties expressly agree that the Damages specified
hereunder and the Time Extension specified in Clause 10.5 shall be restricted only to
failure of the Authority to provide the Right of Way for and in respect of the “Construction
Zone” which shall comprise the following components:
• Main in carriageway
• Median (for 4 lane carriageway or more)
• Paved and earthen shoulders
• Area for Structures including ROBs/RUBs.
• Safety measures including Roadside Drains and Furniture.
• A parallel working space for accommodating slopes/retaining structures etc.
(ii) Notwithstanding anything to the contrary contained in this Agreement, the Contractor
expressly agrees that Works on all parts of the Site for which Right of Way of Construction
Zone is granted on the Appointed Date, or with respect to the parts of the Site provided in
Schedule-A, no later than the date(s) specified therein, as the case may be, shall be
completed before the Scheduled Completion Date and shall not qualify for any Time
Extension under the provisions of Clause 8.3 (iii).
(iii) (a)Notwithstanding anything to the contrary contained in this Agreement, unless covered
under the deemed de-scoping in terms of sub-clause 8.3 (iii) (b), the Authority may at any
time withdraw any Works forming part of this Agreement, subject to such Works not
exceeding an aggregate value, such value to be determined in accordance with Schedule-H,
equal to 10 (ten) percent of the Contract Price.
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(b) Provided that if any Works cannot be undertaken within the municipal limits
of a town or within any area falling in a reserved forest or wildlife sanctuary or the
stretches where vacant access and Right of Way could not be handed over, as the case
may be, because the requisite clearances or approvals or affected land parcels for
commencing construction of Works therein have not been given within 180 (one
hundred and eighty) days of the Appointed date, the affected Works shall be deemed
to be withdrawn under the provisions of this Clause 8.3.3. Such Works shall not be
computed for the purposes of the aforesaid ceiling of 10% (ten per cent) hereunder.
(c) Provided further that in case such stretches (as mentioned in Sub-Clause (b)
above) can be handed over to the Contractor before the expiry of the original
Scheduled Construction Period of the Project Highway, and the Contractor agrees to
take up the work, the same may be allowed to be executed by him with corresponding
Extension of Time, subject to the condition that the Contractor shall not be entitled to
raise any claims on account of prolongation costs in this behalf.
(iv) In the event of withdrawal of Works under Clause 8.3 (iii) (a), the Contract
Price shall be reduced by an amount equal to the percent of the value of the
works withdrawn as mentioned in the Table below and the Contractor shall
not be entitled to any other compensation or Damages for the withdrawal
of Works
Value of the Works Percentage of value of works to be reduced
withdrawn from Contract Price
upto Rs. 100 Crore 90%
More than Rs. 100 Crore Rs. 90 Crore plus 95% of the amount greater
than Rs. 100 Crore
Provided that If any Works are withdrawn after commencement of the Construction of
such works, the Authority shall pay to the Contractor 110% (one hundred and ten per
cent) of the fair value of the work done, as assessed by the Authority Engineer.
The parties expressly agree that the value of the Works withdrawn shall be determined
from the details available in Schedule-H. In the event that it is impossible to determine
the value from Schedule-H, then the value shall be determined in accordance with the
provisions of Clause 13.2 (iii).
8.4 Site to be free from Encumbrances
Subject to the provisions of Clause 8.2, the Site shall be made available by the
Authority to the Contractor pursuant hereto free from all Encumbrances and
occupations and without the Contractor being required to make any payment to the
Authority because of any costs, compensation, expenses and charges for the
acquisition and use of such Site for the duration of the Project Completion Schedule.
For the avoidance of doubt, it is agreed that the existing rights of way, easements,
privileges, liberties and appurtenances to the Site shall not be deemed to be
Encumbrances. It is further agreed that, unless otherwise specified in this Agreement,
the Contractor accepts and undertakes to bear any and all risks arising out of the
inadequacy or physical condition of the Site.
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8.5 Protection of Site from encroachments
On and after signing the memorandum and/or subsequent memorandum referred to in
Clause 8.2, and until the issue of the Completion Certificate, the Contractor shall
maintain a round-the-clock vigil over the Site and shall ensure and procure that no
encroachment takes place thereon. During the Construction Period, the Contractor
shall protect the Site from any and all occupations, encroachments or Encumbrances,
and shall not place or create nor permit any Sub-contractor or other person claiming
through or under the Agreement to place or create any Encumbrance or security threat
over all or any part of the Site or the Project Assets, or on any rights of the Contractor
therein or under this Agreement, save and except as otherwise expressly set forth in
this Agreement. In the event of any encroachment or occupation on any part of the
Site, the Contractor shall report such encroachment or occupation forthwith to the
Authority and undertake its removal at its own cost and expenses.
8.6 Special/ temporary Right of Way
The Contractor shall bear all costs and charges for any special or temporary right of
way required by it in connection with access to the Site. The Contractor shall obtain at
its cost such facilities on or outside the Site as may be required by it for the purposes
of the Project Highway and the performance of its obligations under this Agreement.
8.7 Access to the Authority and the Authority’s Engineer
(i) The Right of Way given to the Contractor hereunder shall always be subject to the
right of access of the Authority and the Authority’s Engineer and their employees and
agents for inspection, viewing and exercise of their rights and performance of their
obligations under this Agreement.
(ii) The Contractor shall ensure, subject to all relevant safety procedures, that the
Authority has un-restricted access to the Site during any emergency situation, as
decided by the Authority’s Engineer.
8.8 Geological and archaeological finds
It is expressly agreed that mining, geological or archaeological rights do not form part of
this Agreement with the Contractor for the Works, and the Contractor hereby
acknowledges that it shall not have any mining rights or interest in the underlying minerals,
fossils, antiquities, structures or other remnants or things either of particular geological or
archaeological interest and that such rights, interest and property on or under the Site shall
vest in and belong to the Authority or the concerned Government Instrumentality. The
Contractor shall take all reasonable precautions to prevent its workmen or any other person
from removing or damaging such interest or property and shall inform the Authority
forthwith of the discovery thereof and comply with such instructions as the concerned
Government Instrumentality may reasonably give for the removal of such property. For the
avoidance of doubt, it is agreed that any reasonable expenses incurred by the Contractor
hereunder shall be reimbursed by the Authority. It is also agreed that the Authority shall
procure that the instructions hereunder are issued by the concerned Government
Instrumentality within a reasonable period. .
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Article 9
Utilities and Trees
9.1 Existing utilities and roads
Notwithstanding anything to the contrary contained herein, it shall be the responsibility of
the Contractor to ensure that the respective entities owning the existing roads, right of way,
level crossings, structures, or utilities on, under or above the Site are enabled by it to keep
them in continuous satisfactory use, if necessary, by providing suitable temporary
diversions with the authority of the controlling body of that road, right of way or utility.
9.2 Shifting of obstructing utilities
The Contractor shall, in accordance with Applicable Laws and with assistance of the
Authority, undertake the work of shifting of any utility (including electric lines, water
pipes, gas pipelines and telephone cables) to an appropriate location or alignment, if such
utility or obstruction adversely affects the execution of Works or Maintenance of the
Project Highway in accordance with this Agreement. The cost of such shifting, as per
estimates prepared by the entity owning the utility and approved by the Authority, shall be
reimbursed by the Authority to the Contractor. The scope of work of such shifting of
Utilities shall be as indicated in Schedule-B-1. In the event of any delay of such shifting on
the part of the contractor, no extension of time for completion of the project and no claims,
in any manner, shall be admissible on this account against the Authority.
The work of shifting of Utilities can be taken up by the Contractor any time after signing of
the Agreement.
9.3 New utilities
(i) The Contractor shall allow, subject to the permission from the Authority and such
conditions as the Authority may specify, access to, and use of the Site for laying telephone
lines, water pipes, electricity lines/ cables or other public utilities. Where such access or
use causes any financial loss to the Contractor, it may require the user of the Site to pay
compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed
that use of the Site under this Clause 9.3 shall not in any manner relieve the Contractor of
its obligation to construct and maintain the Project Highway in accordance with this
Agreement and any damage caused by such use shall be restored forthwith at the cost of the
Authority.
(ii) The Authority may, by notice, require the Contractor to connect any adjoining road to the
Project Highway, and the connecting portion thereof falling within the Site shall be
constructed by the Contractor at the Authority’s cost in accordance with Article 10.
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(iii) The Authority may by notice require the Contractor to connect, through a paved road,
any adjoining service station, hotel, motel or any other public facility or amenity to the
Project Highway, whereupon the connecting portion thereof that falls within the Site shall
be constructed by the Contractor on payment of the cost. The cost to be paid by the
Authority to the Contractor shall be determined by the Authority’s Engineer. For the
avoidance of doubt, in the event such road is to be constructed for the benefit of any entity,
the Authority may require such entity to make an advance deposit with the Contractor or
the Authority, as the case may be, of an amount equal to the estimated cost as determined
by the Authority’s Engineer and such advance shall be adjusted against the cost of
construction as determined by the Authority’s Engineer hereunder.
(iv) In the event construction of any Works is affected by a new utility or works undertaken in
accordance with this Clause 9.3, the Contractor shall be entitled to a reasonable Time
Extension as determined by the Authority’s Engineer.
9.4 Felling of trees
The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of
trees in non-forest area to be identified by the Authority for this purpose if, and only if,
such trees cause a Material Adverse Effect on the construction or maintenance of the
Project Highway. The Contractor shall fell these trees as per the Permits obtained. The cost
of such felling shall be borne by the Authority and in the event of any delay in felling
thereof for reasons beyond the control of the Contractor; it shall be excused for failure to
perform any of its obligations hereunder if such failure is a direct consequence of delay in
the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be
owned by the Authority and shall be disposed in such manner and subject to such
conditions as the Authority may in its sole discretion deem appropriate. For the avoidance
of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the
Applicable Permit thereof shall be procured by the Authority within the time specified in
the Agreement.
9.5 Dismantling of structures
The Contractor shall at its own cost dismantle the structures in the acquired lands including
those on patta lands, abadi lands, assigned lands, etc. the compensation for which, was paid
by the Authority to the land owners and the lands were handed over to the Contractor as
per Schedule B-I. The Contractor shall, at its own cost, dispose of the dismantled material
in its sole discretion as deemed appropriate, while complying with all environmental
guidelines and regulations and clear the Site for undertaking construction. In the event of
any delay in dismantling of structures thereof for reasons beyond the control of the
Contractor, the Contractor shall be entitled to Damages in a sum calculated in accordance
with the formula specified in Clause 8.3 (i) for the period of delay, and to the Time
Extension in accordance with Clause 10.5 for and in respect of the part(s) of the Works
affected by such delay; provided that if the delays involve any time overlaps, the overlaps
shall not be additive.
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9.6 Development Period
The Contractor may commence pre-construction activities like utility shifting,
boundary wall construction or any other activity assigned to the Contractor by the
Authority to enable construction of the Project Highway immediately after signing of
the Agreement, to the extent that such work is ready for execution. The Parties agree
that these works may be taken up and completed to the extent feasible by the
Contractor, before declaration of the Appointed Date, but no claim against the
Authority for delay shall survive during this period and that the undertaking of these
works by the Contractor shall not count towards the Scheduled Construction Period of
the project which starts counting only from the Appointed Date. No construction
activity of the Project Highway shall be undertaken during the development period.
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Article 10
Design and Construction of the Project Highway
10.1 Obligations prior to commencement of Works
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in respect of
all matters under or arising out of or relating to this Agreement;
(b) appoint a design director (the “Design Director”) who will head the Contractor’s
design unit and shall be responsible for surveys, investigations, collection of data,
and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or
required before commencement of Works under and in accordance with this
Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project
Highway under and in accordance with the Applicable Laws and Applicable
Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the
Appointed Date to discharge the functions and duties specified in this Agreement, and shall
notify to the Contractor the name, address and the date of appointment of the Authority’s
Engineer forthwith.
(iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority
and the Authority’s Engineer a programme (the “Programme”) for the Works, developed
using networking techniques, for review and consent of the Engineer, giving the following
details:
(a) Part I : Contractor’s organisation for the Project, the general methods and
arrangements for design and construction, environmental management plan,
Quality Assurance Plan including design quality plan, traffic management and
safety plan covering safety of users and workers during construction (including use
of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and
equipment.
(b) Part II : Programme for completion of all stages of construction given in
Schedule-H and Project Milestones of the Works as specified in Project
Completion Schedule set forth in Schedule-J. The Programme shall include:
i. the order in which the Contractor intends to carry out the Works, including the
anticipated timing of design and stages of Works;
ii. the periods for reviews under Clause 10.2;
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iii. the sequence and timing of inspections and tests specified in this
Agreement; and
iv. the particulars for the pre-construction reviews and for any other
submissions, approvals and consents specified in the Agreement.
The Contractor shall submit a revised Programme whenever the previous Programme is
inconsistent with the actual progress or with the Contractor’s obligations.
(c) Part III : Monthly cash flow forecast.
(iv) The Contractor shall compute, on the basis of the Drawings prepared in accordance with
Clause 10.2 (iv), and provide to the Authority’s Engineer, the length, area and numbers, as
the case may be, in respect of the various items of work specified in Schedule-H and
comprising the Scope of the Project. The Parties expressly agree that these details shall
form the basis for estimating the interim payments for the Works in accordance with the
provisions of Clause 19.3. For the avoidance of doubt, the sum of payments to be
computed in respect of all the items of work shall not exceed the Contract Price, as may be
adjusted in accordance with the provisions of this Agreement.
(v) The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carry out a
safety audit at the design stage of the Project Highway in accordance with the Applicable
Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing
to the Authority a panel of three (3) names of qualified and experienced firms from which
the Authority may choose one (1) to be the Safety Consultant. Provided, however, that if
the panel is not acceptable to the Authority and the reasons for the same are furnished to the
Contractor, the Contractor shall propose to the Authority a revised panel of three (3) names
from the firms empanelled as safety consultants by the [Ministry of Road Transport and
Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the
consent of the Authority for the key personnel of the Safety Consultant who shall have
adequate experience and qualifications in safety audit of the highway projects. The
Authority shall, within 15 (fifteen) days of receiving a proposal from the Contractor
hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is
conveyed within the said period, the Contractor may proceed with engaging of the Safety
Consultant.
(vi) The safety audit pursuant to Clause 10.1 (v) shall be carried out by the Safety Consultant in
respect of all such design details that have a bearing on safety of Users as well as
pedestrians and animals involved in or associated with accidents. The recommendations of
the Safety Consultant shall be incorporated in the design of the Project Highway and the
Contractor shall forward to the Authority’s Engineer a certificate to this effect together
with the recommendations of the Safety Consultant. In the event that any works required
by the Safety Consultant shall fall beyond the scope of Schedule-B, Schedule-C or
Schedule-D, the Contractor shall make a report thereon and seek the instructions of the
Authority for Change in Scope. For the
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avoidance of doubt, the Safety Consultant to be engaged by the Contractor shall be
independent of the design and implementation team of the Contractor.
10.2 Design and Drawings
(i) Design and Drawings shall be developed in conformity with the Specifications and
Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation in
design standards due to restricted Right of Way in any section, the alternative design
criteria for such section shall be provided for review and approval of the Authority’s
Engineer.
(ii) The Contractor shall appoint a proof check consultant (the “Proof Consultant”) after
proposing to the Authority a panel of three (3) names of qualified and experienced firms
from whom the Authority may choose one (1) to be the Proof Consultant. Provided,
however, that if the panel is not acceptable to the Authority and the reasons for the same
are furnished to the Contractor, the Contractor shall propose to the Authority a revised
panel of three (3) names from the firms empanelled as proof consultants by the [Ministry of
Road Transport and Highways] for obtaining the consent of the Authority. The Contractor
shall also obtain the consent of the Authority for two (2) key personnel of the Proof
Consultant who shall have adequate experience and qualifications in highways and bridges
respectively. The Authority shall, within 15 (fifteen) days of receiving a proposal from the
Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such
decision is conveyed within the said period, the Contractor may proceed with engaging of
the Proof Consultant.
(iii) The Proof Consultant shall:
(a) evolve a systems approach with the Design Director so as to minimise the time
required for final designs and construction drawings; and
(b) proof check the detailed calculations, drawings and designs, which have been
approved by the Design Director.
(iv) In respect of the Contractor’s obligations with respect to the design and Drawings of the
Project Highway as set forth in Schedule-I, the following shall apply:
(a) The Contractor shall prepare and submit, with reasonable promptness and in such
sequence as is consistent with the Project Completion Schedule, three (3) copies
each of the design and Drawings, duly certified by the Proof Consultant, to the
Authority’s Engineer for its approval. Provided, however, that in respect of Major
Bridges and Structures, the Authority’s Engineer may require additional drawings
for approval in accordance with Good Industry Practice.
(b) by submitting the Drawings for review and approval to the Authority’s Engineer,
the Contractor shall be deemed to have represented that it has determined and
verified that the design and engineering, including field construction criteria
related thereto, are in conformity with the Scope of the Project, the Specifications
and Standards and the Applicable Laws;
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(c) within 15 (fifteen) days of the receipt of the Drawings, the Authority’s Engineer
shall review the same and convey its approval/observations to the Contractor with
particular reference to their conformity or otherwise with the Scope of the Project
and the Specifications and Standards. Provided, however that in case of a major
bridge or structure, the aforesaid period of 15 (fifteen) days may be extended up to
30 (thirty) days;
(d) if the aforesaid observations of the Authority’s Engineer indicate that the Drawings
are not in conformity with the Scope of the Project or the Specifications and
Standards, such Drawings shall be revised by the Contractor in conformity with
the provisions of this Agreement and resubmitted to the Authority’s Engineer for
review and approval. The Authority’s Engineer shall give its observations, if any,
within 10 (ten) days of receipt of the revised Drawings. In the event the Contractor
fails to revise and resubmit such Drawings to the Authority’s Engineer for
review/approval as aforesaid, the Authority’s Engineer may withhold the payment
for the affected works in accordance with the provisions of Clause 19.5 (iv). If the
Contractor disputes any decision, direction or determination of the Authority’s
Engineer hereunder, the Dispute shall be resolved in accordance with the Dispute
Resolution Procedure;
(e) no review/approval and/or observation of the Authority’s Engineer and/or its
failure to review/approval and/or convey its observations on any Drawings shall
relieve the Contractor of its obligations and liabilities under this Agreement in any
manner nor shall the Authority’s Engineer or the Authority be liable for the same
in any manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies
or other Defects are found in the Drawings, they and the construction works shall
be corrected at the Contractor's cost, notwithstanding any approval under this
Article 10;
(f) the Contractor shall be responsible for delays in submitting the Drawing as set forth
in Schedule-I caused by reason of delays in surveys and field investigations, and
shall not be entitled to seek any relief in that regard from the Authority; and
(g) the Contractor warrants that its designers, including any third parties engaged by
it, shall have the required experience and capability in accordance with Good
Industry Practice and it shall indemnify the Authority against any damage,
expense, liability, loss or claim, which the Authority might incur, sustain or be
subject to arising from any breach of the Contractor’s design responsibility and/or
warranty set out in this Clause.
(h) the Contractor shall ensure that all the designs and drawings shall be approved
from the Authority’s Engineer within 90 days (ninety) from the Appointed Date.
(v) Any cost or delay in construction arising from review/approval by the Authority’s
Engineer shall be borne by the Contractor.
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(vi) Works shall be executed in accordance with the Drawings provided by the Contractor in
accordance with the provisions of this Clause 10.2 and the approval of the Authority’s
Engineer thereon as communicated pursuant to the provisions of sub- Clause (c) & (d) of
Clause 10.2 (iv). Such Drawings shall not be amended or altered without prior written
notice to the Authority’s Engineer. If a Party becomes aware of an error or defect of a
technical nature in the design or Drawings, that Party shall promptly give notice to the
other Party of such error or defect.
(vii) Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish to the
Authority and the Authority’s Engineer a complete set of as- built Drawings, in 2 (two)
hard copies and in micro film form or in such other medium as may be acceptable to the
Authority, reflecting the Project Highway as actually designed, engineered and constructed,
including an as-built survey illustrating the layout of the Project Highway and setback
lines, if any, of the buildings and structures forming part of Project Facilities.
10.3 Construction of the Project Highway
(i) The Contractor shall construct the Project Highway as specified in Schedule- B and
Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-
D. The Contractor shall be responsible for the correct positioning of all parts of the Works,
and shall rectify any error in the positions, levels, dimensions or alignment of the Works.
The [1095th (one thosand and ninety five) day] from the Appointed Date shall be the
scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees
and undertakes that the construction shall be completed on or before the Scheduled
Completion Date, including any extension thereof.
(ii) The Contractor shall construct the Project Highway in accordance with the Project
Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to
achieve any Project Milestone or the Scheduled Completion Date within a period of 30
(thirty) days from the date set forth in Schedule-J, unless such failure has occurred due to
Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to
the Authority of a sum calculated at the rate of 0.05% (zero point zero five percent) of the
Contract Price for delay of each day reckoned from the date specified in Schedule –J and
until such Project Milestone is achieved or the Project Highway is completed; provided that
if the period for any or all Project Milestones or the Scheduled Completion Date is
extended in accordance with the provisions of this Agreement, the dates set forth in
Schedule-J shall be deemed to be modified accordingly and the provisions of this
Agreement shall apply as if Schedule-J has been amended as above; provided further that
in the event the Project Highway is completed within or before the Scheduled Completion
Date including any Time Extension, applicable for that work or section, the Damages
paid under this Clause
10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest
thereon.
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The Parties agree that for determining achievement or delays in completion of the Project
Milestones or the Project on the due date, the works affected due to delay in providing the
site for which time extension has been granted beyond the Scheduled Completion Date will
be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage
Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day
from the Appointed Date), if 5% (five percent) of the project length corresponding to the
Project Milestone-I is not handed over or lately handed over resulting in the extension of
completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage
Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty)
day.
For the avoidance of doubt, it is agreed that recovery of Damages under this Clause
10.3 (ii) shall be without prejudice to the rights of the Authority under this Agreement
including the right of Termination thereof. The Partiesfurther agree that Time Extension
hereunder shall only be reckoned for and in respect of the affected Works as specified in
Clause 10.5 (ii).
(iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance
with the provisions of this Clause 10.3. Provided that no deduction on account of Damages
shall be effected by the Authority without notifying the Contractor of its decision to
impose the Damages, and taking into consideration the representation, if any, made by the
Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total
amount of Damages under Clause 10.3 (ii) shall not exceed 10% (ten percent) of the
Contract Price. If the damages exceed 10% (ten percent) of the Contract Price, the
Contractor shall be deemed to be in default of this agreement having no cure and the
Authority shall be entitled to terminate this Agreement by issuing a Termination Notice in
accordance with the provisions of Clause 23.1 (ii).
(iv) In the event that the Contractor fails to achieve the Project Completion within a period of
90 (ninety) days from the Schedule Completion Date set forth in Schedule-J, unless such
failure has occurred due to Force Majeure or for reasons solely attributable to the
Authority, the contractor shall be deemed to be ineligible for bidding any future projects of
the Authority, both as the sole party or as one of the parties of Joint Venture/ Consortium
during the period from Scheduled Completion Date to issuance of Completion Certificate.
This restriction is applicable if the contract value of the delayed project is not less than Rs.
300 Crore.
10.4 Maintenance during Construction Period
(i) During the Construction Period, the Contractor shall maintain, at its cost, the existing
lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at no
time materially inferior as compared to their condition on Appointed Date, and shall
undertake the necessary repair and maintenance works for this purpose; provided that the
Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and
diversion is necessary for the efficient progress of Works and conforms to Good Industry
Practice; provided further that such interruption and
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diversion shall be undertaken by the Contractor only with the prior written approval of the
Authority’s Engineer which approval shall not be unreasonably withheld. For the
avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for
ensuring safe operation of the Project Highway. It is further agreed that in the event the
Project includes construction of a bypass or tunnel and realignment of the existing
carriageway, the Contractor shall maintain the existing highway in such sections until the
new Works are open to traffic.
(ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of
default by the Contractor in discharging the obligations specified in Clause 10.4 (i) above,
the Authority shall get these maintenance works completed in the manner recommended by
the Authority’s Engineer to avoid public inconvenience at the risk and cost of the
Contractor in order to keep the road in traffic worthy condition.
10.5 Extension of time for completion
(i) Without prejudice to any other provision of this Agreement for and in respect of extension
of time, the Contractor shall be entitled to extension of time in the Project Completion
Schedule (the “Time Extension”) to the extent that completion of any Project Milestone is
or will be delayed by any of the following, namely:
(a) delay in providing the Right of Way of Construction Zone, environmental
clearances or approval of railway authorities, specified in Clause 3.1 (iv);
(b) Change of Scope (unless an adjustment to the Scheduled Completion Date has
been agreed under Article 13);
(c) occurrence of a Force Majeure Event;
(d) any delay, impediment or prevention caused by or attributable to the Authority, the
Authority's personnel or the Authority's other contractors on the Site; and
(e) any other cause or delay which entitles the Contractor to Time Extension in
accordance with the provisions of this Agreement.
(ii) The Contractor shall, no later than 15 (fifteen) business days from the occurrence of an
event or circumstance specified in Clause 10.5 (i), inform the Authority’s Engineer by
notice in writing, with a copy to the Authority, stating in reasonable detail with supporting
particulars, the event or circumstances giving rise to the claim for Time Extension in
accordance with the provisions of this Agreement. Provided that the period of 15 (fifteen)
business days shall be calculated from the date on which the Contractor became aware, or
should have become aware, of the occurrence of such an event or circumstance.
Provided further that notwithstanding anything to the contrary contained in this Agreement,
Time Extension shall be due and applicable only for the Works which are affected by the
aforesaid events or circumstances and shall not in any manner affect the Project
Completion Schedule for and in respect of the Works which are not affected hereunder.
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(iii) On the failure of the Contractor to issue to the Authority’s Engineer a notice in accordance
with the provisions of Clause 10.5 (ii) within the time specified therein, the Contractor
shall not be entitled to any Time Extension and shall forfeit its right for any such claims in
future. For the avoidance of doubt, in the event of failure of the Contractor to issue notice
as specified in this clause 10.5 (iii), the Authority shall be discharged from all liability in
connection with the claim.
(iv) The Authority’s Engineer shall, on receipt of the claim in accordance with the provisions of
Clause 10.5 (ii), examine the claim expeditiously within the time frame specified herein. In
the event the Authority’s Engineer requires any clarifications to examine the claim, the
Authority’s Engineer shall seek the same within 15 (fifteen) days from the date of receiving
the claim. The Contractor shall, on receipt of the communication of the Authority’s
Engineer requesting for clarification, furnish the same to the Authority’s Engineer within
10 (ten) days thereof. The Authority’s Engineer shall, within a period of 30 (thirty) days
from the date of receipt of such clarifications, forward in writing to the Contractor its
determination of Time Extension.
Provided that when determining each extension of time under this Clause 10.5, the
Authority’s Engineer shall review previous determinations and may increase, but shall not
decrease, the total Time Extension.
(v) If the event or circumstance giving rise to the notice has a continuing effect:
(a) a fully detailed claim shall be considered as interim;
(b) the Contractor shall, no later than 10 (ten) days after the close of each month, send
further interim claims specifying the accumulated delay, the extension of time
claimed, and such further particulars as the Authority’s Engineer may reasonably
require; and
(c) the Contractor shall send a final claim within 30 (thirty) days after the effect of the
event or the circumstance ceases.
Upon receipt of the claim hereunder, the Authority’s Engineer shall examine the same in
accordance with the provisions of Clause 10.5 (iv) within a period of 30 (thirty) days of the
receipt thereof
10.6 Incomplete Works
In the event the Contractor fails to complete the Works in accordance with the Project
Completion Schedule, including any Time Extension granted under this Agreement, the
Contractor shall endeavour to complete the balance work expeditiously and shall pay
Damages to the Authority in accordance with the provisions of Clause 10.3 (ii) for delay of
each day until the Works are completed in accordance with the provisions of this
Agreement. Recovery of Damages under this Clause shall be without prejudice to the rights
of the Authority under this Agreement including the right to termination under Clause 23.1.
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10.7 Maintenance Manual
No later than 60 (sixty) days prior to the Project Completion Date, the Contractor
shall, in consultation with the Authority’s Engineer, evolve a maintenance manual
(the “Maintenance Manual”) for the regular and preventive maintenance of the
Project Highway in conformity with the Specifications and Standards, safety
requirements and Good Industry Practice, and shall provide 5 (five) copies thereof to
the Authority’s Engineer. The Authority’s Engineer shall review the Maintenance
Manual within 15 (fifteen) days of its receipt and communicate its comments to the
Contractor for necessary modifications, if any.
10.8 As-Built Records
The Contractor shall prepare, and keep up-to-date, a complete set of as built records of
the execution of the Works, showing the exact as built locations, sizes and details on
the Works as executed with cross references to all relevant specifications and data
sheets. These records shall be kept on the Site and shall be used exclusively for the
purpose of this Sub-Clause 10.8. The Contractor shall provide 2 (two) copies of as
built records to the Authority prior to the commencement of the Tests on Completion.
10.9 Contractor's Use of Authority’s Documents
Intellectual property in the Authority’s requirements and Specifications and Standards
and all other documents and materials issued by the Authority or the Authority’s
Representative to the Contractor shall (as between the parties) remain the property of
the Authority. The Contractor may, at its cost, copy, use and communicate any such
documents for the purposes of the Contract. They shall not, without the consent of the
Authority, be used, copied or communicated to a third party by the Contractor, except
as necessary for the purposes of the Works under the Agreement.
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Quality Assurance, Monitoring and Supervision
11.1 Quality of Materials and workmanship
The Contractor shall ensure that the Construction, Materials and workmanship are in
accordance with the requirements specified in this Agreement, Specifications and
Standards and Good Industry Practice.
11.2 Quality control system
(i) The Contractor shall establish a quality control mechanism to ensure compliance with the
provisions of this Agreement (the “Quality Assurance Plan” or “QAP”).
(ii) The Contractor shall, within 30 (thirty) days of the Appointed Date, submit to the
Authority’s Engineer its Quality Assurance Plan which shall include the following:
(a) organisation, duties and responsibilities, procedures, inspections and
documentation;
(b) quality control mechanism including sampling and testing of Materials, test
frequencies, standards, acceptance criteria, testing facilities, reporting, recording
and interpretation of test results, approvals, check list for site activities, and
proforma for testing and calibration in accordance with the Specifications for Road
and Bridge Works issued by MORTH, relevant IRC specifications and Good
Industry Practice; and
(c) internal quality audit system.
The Authority’s Engineer shall convey its approval to the Contractor within a period of 21
(twenty-one) days of receipt of the QAP stating the modifications, if any, required, and the
Contractor shall incorporate those in the QAP to the extent required for conforming with
the provisions of this Clause 11.2.
(iii) The Contractor shall procure all documents, apparatus and instruments, fuel, consumables,
water, electricity, labour, Materials, samples, and qualified personnel as are necessary for
examining and testing the Project Assets and workmanship in accordance with the Quality
Assurance Plan.
(iv) The cost of testing of Construction, Materials and workmanship under this Article 11 shall
be borne by the Contractor.
11.3 Methodology
The Contractor shall, at least 15 (fifteen) days prior to the commencement of the
construction, submit to the Authority’s Engineer for review and consent the methodology
proposed to be adopted for executing the Works, giving details of equipment to be
deployed, traffic management and measures for ensuring safety. The Authority’s Engineer
shall complete the review and convey its consent to the
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Contractor within a period of 10 (ten) days from the date of receipt of the proposed
methodology from the Contractor.
11.4 Inspection and technical audit by the Authority
The Authority or any representative authorised by the Authority in this behalf may inspect
and review the progress and quality of the construction of Project Highway and issue
appropriate directions to the Authority’s Engineer and the Contractor for taking remedial
action in the event the Works are not in accordance with the provisions of this Agreement.
11.5 External technical audit
(i) At any time during construction, the Authority may appoint an external technical auditor to
conduct an audit of the quality of the Works. The Auditor in the presence of the
representatives of the Contractor and the Authority’s Engineer shall carry out the tests and/
or collect samples for testing in the laboratory. The timing, the testing equipment and the
sample size of this audit shall be as decided by the Authority. The findings of the audit, to
the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s
Engineer for taking remedial action in accordance with this Agreement.
(ii) After completion of the remedial measures by the Contractor, the Auditor shall undertake a
closure audit and this process will continue till the remedial measures have brought the
works into compliance with the Specifications and Standards. The Contractor shall provide
all assistance as may be required by the auditor in the conduct of its audit hereunder.
Notwithstanding anything contained in this Clause 11.5, the external technical audit shall
not affect any obligations of the Contractor or the Authority’s Engineer under this
Agreement.
11.6 Inspection of construction records
The Authority shall have the right to inspect the records of the Contractor relating to the
Works.
11.7 Monthly progress reports
During the Construction Period, the Contractor shall, no later than 10 (ten) days after the
close of each month, furnish to the Authority and the Authority’s Engineer a monthly
report on progress of the Works and shall promptly give such other relevant information as
may be required by the Authority’s Engineer.
The Contractor agrees that reporting under this Clause 11.7 shall continue until the date of
the completion of the Works. Each report shall include:
(a) an executive summary;
(b) charts showing the status of Contractor's documents, construction and
manufacturing and environmental works;
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(c) details of work subcontracted and the performance of Sub-contractors;
(d) for the construction of each main part of the Works, the extent of progress (both
quantity and percentage of the whole), the actual or expected dates of
commencement, anticipated completion date of the activity, Contractor's
inspections and tests;
(e) records of manpower and Contractor's equipment on the Site;
(f) copies for that month of quality assurance documents, test results and certificates;
(g) safety statistics, accident data collection including details of any hazardous
incidents and activities relating to environmental aspects and public relations;
(h) comparisons of actual and planned progress, with details of any aspects which may
jeopardise the completion in accordance with the Agreement, and the measures
being (or to be) adopted to overcome such aspects;
(i) details of any unresolved disputes or claims, in relation to the Project;
(j) details of any revision to the cash flow estimate, together with a copy of the revised
cash flow estimate;
(k) status of various Applicable Permits and compliance of conditions therein;
(l) details of various royalty payment and insurances required to be taken by the
Contractor; and
(m) such other reports as may be required by the Authority for enabling the
Authority to comply with its obligations under the other Project contracts.
(n) details of defects by the Authority;
(o) change in emission of any sewage or effluent of any nature whatsoever,
whether qualitatively or quantitatively;
(p) any Material Adverse Effect;
(q) declaration towards compliance with Applicable Laws including but not
limited to environmental and labour legislations;
(r) declaration specifying compliance with all Manuals provided to the
Contractor; and
(s) any change in the flow of traffic in the existing Project Highway.
11.8 Inspection
(i) The Authority’s Engineer and its authorised representative shall at all reasonable
times:
(a) have full access to all parts of the Site and to all places from which natural
Materials are being obtained for use in the Works; and
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(b) during production, manufacture and construction at the Site and at the place of
production, be entitled to examine, inspect, measure and test the Materials and
workmanship, and to check the progress of manufacture of Materials.
(ii) The Contractor shall give the Authority’s Engineer and its authorised agents access,
facilities and safety equipment for carrying out their obligations under this Agreement.
(iii) The Authority’s Engineer shall submit a monthly inspection report (the “Inspection
Report”) to the Authority and the Contractor bringing out the results of inspections and the
remedial action taken by the Contractor in respect of Defects or deficiencies. For the
avoidance of doubt, such inspection or submission of Inspection Report by the Authority’s
Engineer shall not relieve or absolve the Contractor of its obligations and liabilities under
this Agreement in any manner whatsoever.
11.9 Samples
The Contractor shall submit the following samples of Materials and relevant
information to the Authority’s Engineer for pre-construction review:
(a) manufacturer's test reports and standard samples of manufactured Materials; and
(b) samples of such other Materials as the Authority’s Engineer may require.
11.10 Tests
(i) For determining that the Works conform to the Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out or cause to be carried out
tests, at such time and frequency and in such manner as specified in this Agreement, and in
accordance with Good Industry Practice for quality assurance. The test checks by the
Authority’s Engineer shall comprise at least 50% (fifty percent) of the quantity or number
of tests prescribed for each category or type of test for quality control by the Contractor.
(ii) In the event that results of any tests conducted under this Clause 11.10 establish any
Defects or deficiencies in the Works, the Contractor shall carry out remedial measures and
furnish a report to the Authority’s Engineer in this behalf. The Authority’s Engineer shall
require the Contractor to carry out or cause to be carried out tests to determine that such
remedial measures have brought the Works into compliance with the Specifications and
Standards, and the procedure shall be repeated until such Works conform to the
Specifications and Standards. For the avoidance of doubt, the cost of such tests and
remedial measures in pursuance thereof shall be solely borne by the Contractor.
11.11 Examination of work before covering up
In respect of the work which the Authority’s Engineer is entitled to examine, inspect, measure
and/or test before it is covered up or put out of view or any part of the work
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is placed thereon, the Contractor shall give notice to the Authority’s Engineer whenever
any such work is ready and before it is covered up. The Authority’s Engineer shall then
either carry out the examination, inspection or testing without unreasonable delay, or
promptly give notice to the Contractor that the Authority’s Engineer does not require to do
so. Provided, however, that if any work is of a continuous nature where it is not possible or
prudent to keep it uncovered or incomplete, the Contractor shall notify the schedule of
carrying out such work to give sufficient opportunity, not being less than 3 (three) business
days’ notice, to the Authority’s Engineer to conduct its inspection, measurement or test
while the work is continuing. Provided further that in the event the Contractor receives no
response from the Authority’s Engineer within a period of 3 (three) business days from the
date on which the Contractor’s notice hereunder is delivered to the Authority’s Engineer,
the Contractor shall be entitled to assume that the Authority’s Engineer would not
undertake the said inspection.
11.12 Rejection
If, as a result of an examination, inspection, measurement or testing, any Plant, Materials,
design or workmanship is found to be defective or otherwise not in accordance with the
provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials,
design or workmanship by giving notice to the Contractor, with reasons. The Contractor
shall then promptly make good the Defect and ensure that the rejected item complies with
the requirements of this Agreement.
If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be
retested, the tests shall be repeated under the same terms and conditions, as applicable in
each case. If the rejection and retesting cause the Authority to incur any additional costs,
such cost shall be recoverable by the Authority from the Contractor; and may be deducted
by the Authority from any monies due to be paid to the Contractor.
11.13 Remedial work
(i) Notwithstanding any previous test or certification, the Authority’s Engineer may
instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in
accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of
this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway,
whether because of an accident, unforeseeable event or otherwise; provided that in
case of any work required on account of a Force Majeure Event, the provisions of
Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s
Engineer under Clause 11.13 (i), within the time specified in the Authority’s
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Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the
Authority to have the work executed by another agency. The cost so incurred by the
Authority for undertaking such work shall, without prejudice to the rights of the Authority
to recover Damages in accordance with the provisions of this Agreement, be recoverable
from the Contractor and may be deducted by the Authority from any monies due to be paid
to the Contractor.
11.14 Delays during construction
Without prejudice to the provisions of Clause 10.3 (ii), in the event the Contractor does not
achieve any of the Project Milestones or the Authority’s Engineer shall have reasonably
determined that the rate of progress of Works is such that Completion of the Project
Highway is not likely to be achieved by the end of the Scheduled Completion Date, it shall
notify the same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such
notice, by a communication inform the Authority’s Engineer in reasonable detail about the
steps it proposes to take to expedite progress and the period within which it shall achieve
the Project Completion Date.
11.15 Quality control records and Documents
The Contractor shall hand over a copy of all its quality control records and documents to
the Authority’s Engineer before the Completion Certificate is issued pursuant to Clause
12.2. The Contractor shall submit Road Signage Plans to the Authority Engineer for
approval at least 6 (six) months prior to expected completion of Project Highway.
11.16 Video recording
During the Construction Period, the Contractor shall provide to the Authority for every
calendar quarter, a video recording, which will be compiled into a 3 (three)- hour compact
disc or digital video disc, as the case may be, covering the status and progress of Works in
that quarter. The video recording shall be provided to the Authority no later than 15
(fifteen) days after the close of each quarter after the Appointed Date.
11.17 Suspension of unsafe Construction Works
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by
notice require the Contractor to suspend forthwith the whole or any part of the Works if, in
the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the
Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or
any part thereof for such time and in such manner as may be specified by the Authority and
thereupon carry out remedial measures to secure the safety of suspended works, the Users
and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect
such remedial measures forthwith and make a report to the Authority recommending
whether or not the suspension hereunder may
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be revoked. Upon receiving the recommendations of the Authority’s Engineer, the
Authority shall either revoke such suspension or instruct the Contractor to carry out such
other and further remedial measures as may be necessary in the reasonable opinion of the
Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the
suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and
protecting the Works or part thereof during the period of suspension (the “Preservation
Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a
result of any breach of this Agreement by the Authority, the Preservation Costs shall be
borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s
Engineer shall determine any Time Extension to which the Contractor is reasonably
entitled.
11.18 Staff and Labour
(i) Engagement of Staff and Labour
(a) The Contractor shall make its own arrangements for the engagement of all
personnel and labour, local or otherwise, and for their payment, housing, feeding
and transport.
(b) The Contractor has verified/ shall verify the identity and address of all its
employees and officials related to the Works by collecting necessary documentary
proof.
(c) The Contractor shall seek a self-declaration from its employees that they have not
been convicted of any criminal offence by any court and if any criminal
proceedings/charge-sheets have been pending/filed against them. The Contractor
shall not employ persons with criminal track record on the project. In cases where
it comes to notice later that the employee concerned has concealed any such fact in
his self-declaration or commits a criminal offence during the course of his
employment, the Contractor shall remove such person from the project
(d) Deleted.
(e) The employees and personnel of the Contractor shall work under the supervision,
control and direction of the Contractor and the Contractor shall be solely
responsible for all negotiations with its employees and personnel relating to their
salaries and benefits, and shall be responsible for assessments and monitoring of
performance and for all disciplinary matters. All employees / personnel, executives
engaged by the Contractor shall be in sole employment of the Contractor and the
Contractor shall be solely responsible for their salaries, wages, statutory payments,
etc and under no circumstances the personnel shall be deemed to be the employees
of the Authority. Under no circumstances the Authority shall be liable for
any
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payment or claim or compensation of any nature to the employees and personnel
of the Contractor.
(ii) Returns of Labour
(a) The Contractor shall deliver to the Authority a detailed return in such form and at
such intervals as the Authority may prescribe, showing the details including names,
payment details and terms of appointment of the several classes of labour
employed by the Contractor from time to time for the Works. The Contractor shall,
in its returns certify that all dues of the workers or labour have been fully paid.
(b) The Authority is entitled to witness labour payments made or to be made by the
Contractor. If the Contractor defaults in its obligations for making any payments
under the labour laws, the Employer may make the relevant payments. Any sum
equal to any amount paid by the Employer under this Sub-Sub-Clause 9.2 shall be
immediately due as a debt from the Contractor to the Employer and until payment/
set off shall carry interest at 18% per annum. For this purpose it is agreed between
the parties that debt due aforesaid shall be set off immediately out the running
account bills of the Contractor under this Agreement.
(iii) Persons in the Service of Others
The Contractor shall not recruit, or attempt to recruit from amongst persons in the service
of the Authority.
(iv) Labour Laws
(a) The Contractor shall obtain all relevant labour registrations and comply with all
relevant labour laws applying to its employees, and shall duly pay them and afford
to them all their legal rights.
(b) The Contractor shall make all deductions of tax at source and all contributions to
the Payment of Gratuity, Provident Fund (including Employees’ contribution) and
Employees’ State Insurance Scheme as may be required by Applicable Laws and
deposit the aforesaid contributed amount with the appropriate authority/(s).
(c) The Contractor shall require all personnel engaged in the Works to obey all
Applicable Laws and regulations. The Contractor shall permit Authority to witness
labour payments for the Contractors direct labour, or the Subcontractors labour.
The Contractor shall ensure that all its Subcontractors strictly comply with all
labour laws.
(d) Documentary evidence confirming compliance with Sub-Clause 12.4, as may be
required from time to time, shall be provided to the Employer’s Representative.
(e) The Employer shall not be liable for any delay/default of the Contractor in
compliance of the labour laws.
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(v) Facilities for Staff and Labour
The Contractor shall provide and maintain all necessary accommodation and welfare
facilities for personnel engaged for the Works. The Contractor shall not permit any
personnel engaged for the Works to maintain any temporary or permanent living
quarters within the structures forming part of the Works.
(vi) Health And Safety
All necessary precautions shall be taken by the Contractor to ensure the health and
safety of staff and labour engaged for the Works. The Contractor shall, in
collaboration with and to the requirements of the local health authorities, ensure that
para-medical staff, first aid facilities, ambulance service are available on the Site at all
times, and that suitable arrangements are made for all necessary welfare and hygiene
requirements and for the prevention of epidemics. The Contractor shall appoint a
safety officer to be responsible for the safety of personnel on the Site. This safety
officer shall be qualified for his work and shall have the authority to issue instructions
concerning safety and take protective measures to prevent accidents. The Contractor
shall maintain records and make reports concerning health, safety and welfare of
personnel, and damage to property, in such manner as the Authority may reasonably
require.
(vii) Contractor's Personnel
The Contractor shall employ only personnel who are appropriately qualified, skilled
and experienced in their respective trades or occupations. The Authority may require
the Contractor to remove any personnel engaged for the Works, who in the opinion of
the Authority:
(a) has engaged in any misconduct;
(b) is incompetent or negligent in the performance of his duties;
(c) fails to conform with any provisions of the Contract;
(d) engages in any conduct which is prejudicial to safety, health, or the protection
of the environment; or
(e) makes errors in the discharge of his functions.
If appropriate and required by the Employer, the Contractor shall then appoint (or
cause to be appointed) a suitable replacement person.
(viii) Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst its personnel, and to preserve
peace and protection of people and property in the neighbourhood of the Works.
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Article 12
Completion Certificate
12.1 Tests on Completion
(i) At least 30 (thirty) days prior to the likely completion of the Project Highway, or a Section
thereof, the Contractor shall notify the Authority’s Engineer of its intent to subject the
Project Highway or a Section thereof, to Tests. The date and time of each of the Tests
shall be determined by the Authority’s Engineer in consultation with the Contractor, and
notified to the Authority who may designate its representative to witness the Tests. The
Contractor shall either conduct the Tests as directed by the Authority’s Engineer or provide
such assistance as the Authority’s Engineer may reasonably require for conducting the
Tests. In the event of the Contractor and the Authority’s Engineer failing to mutually agree
on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less
than 10 (ten) days’ notice to the Authority’s Engineer.
(ii) All Tests shall be conducted in accordance with Schedule-K. The Authority’s Engineer
shall either conduct or observe, monitor and review the Tests conducted by the Contractor,
as the case may be, and review the results of the Tests to determine compliance of the
Project Highway or a Section thereof, with Specifications and Standards and if it is
reasonably anticipated or determined by the Authority’s Engineer during the course of any
Test that the performance of the Project Highway or Section or any part thereof, does not
meet the Specifications and Standards, it shall have the right to suspend or delay such Test
and require the Contractor to remedy and rectify the Defect or deficiencies. Upon
completion of each Test, the Authority’s Engineer shall provide to the Contractor and the
Authority copies of all Test data including detailed Test results. For the avoidance of doubt,
it is expressly agreed that the Authority’s Engineer may require the Contractor to carry out
or cause to be carried out additional Tests, in accordance with Good Industry Practice, for
determining the compliance of the Project Highway or Section thereof with the
Specifications and Standards.
12.2 Completion Certificate
(i) Upon completion of all Works forming part of the Project Highway, and the Authority’s
Engineer determining the Tests to be successful and after the receipt of notarized true
copies of the certificate(s) of insurance, copies of insurance policies and premium payment
receipts in respect of the insurance defined in Article 20 and Schedule P of this Agreement,
it shall, at the request of the Contractor forthwith issue to the Contractor and the Authority
a certificate substantially in the form set forth in Schedule-L (the “Completion
Certificate”).
(ii) Upon receiving the Completion Certificate, the Contractor shall remove its equipment,
materials, debris and temporary works from the Site within a period of 30 (thirty) days
thereof, failing which the Authority may remove or cause to be removed, such equipment,
materials, debris and temporary works and recover from the Contractor
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an amount equal to 120% (one hundred and twenty per cent) of the actual cost of
removal incurred by the Authority.
(iii) Without prejudice to the obligations of the Contractor specified in Articles 14 and 17,
the property and ownership of all the completed Works forming part of the Project
Highway shall vest in the Authority.
12.3 Rescheduling of Tests
If the Authority’s Engineer certifies to the Authority and the Contractor that it is
unable to issue the Completion Certificate, as the case may be, because of events or
circumstances on account of which the Tests could not be held or had to be suspended,
the Contractor shall be entitled to re-schedule the Tests and hold the same as soon as
reasonably practicable.
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Article 13
Change of Scope
13.1 Change of Scope
(i) The Authority may, notwithstanding anything to the contrary contained in this
Agreement, require the Contractor to make modifications/ alterations to the Works
(“Change of Scope”) within a period of six months counted from the Appointed Date.
Upon the Authority making its intention known to the Contractor for the specific
Change of Scope, be it positive or negative, the Contractor shall submit his proposal
for the said Change of Scope involving additional cost or reduction in cost. Any such
Change of Scope shall be made and valued in accordance with the provisions of this
Article 13.
(ii) Provided that any such Change of Scope, excluding major structures (e.g. Major
Bridge/ ROB/ RUB/ Flyover/ elevated road of more than 50 m length) may be
required and agreed to be executed between the parties beyond the period of six
months of the Appointed Date but before expiry of 50% of the original Scheduled
Construction Period of the Project Highway, subject to the condition that it shall not
entail any claims (e.g. Extension of Time/ Prolongation related claims), against the
Authority.
(iii) The Change of Scope shall mean the following:
(a) change in specifications of any item of Works;
(b) omission of any work from the Scope of the Project except under Clause 8.3
(iii); provided that, subject to Clause 13.5, the Authority shall not omit any
Work under this Clause in order to get it executed by any other authority; and
/ or
(c) any additional Work, Plant, Materials or services which are not included in the
Scope of the Project, including any associated Tests on completion of
construction.
13.2 Procedure for Change of Scope
(i) In the event of the Authority determining that a Change of Scope is necessary, it may
direct the Authority’s Engineer to issue to the Contractor a notice specifying in
reasonable detail the Works and services contemplated thereunder (the “Change of
Scope Notice”). The Contractor shall submit a detailed proposal as per Clause 13.2
(iii) within 15 days from the receipt of Change of Scope Notice.
(ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a
Change of Scope to the Works is required, it shall prepare a proposal with relevant
details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to
consider such Change of Scope (the “Change of Scope Request”).
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(iii) Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence,
provide to the Authority and the Authority’s Engineer such information as is
necessary, together with detailed proposal in support of:
(a) the impact, if any, which the Change of Scope is likely to have on the Project
Completion Schedule if the works or services are required to be carried out
during the Construction Period; and
(b) the options for implementing the proposed Change of Scope and the effect, if
any, each such option would have on the costs and time thereof, including the
following details:
i. break-up of the quantities, unit rates and cost for different items of work; and
ii. proposed design for the Change of Scope;
iii. proposed modifications, if any, to the Project Completion Schedule of the Project
Highway.
For the avoidance of doubt, the Parties expressly agree that, subject to the
provisions of Clause 13.4 (ii), the Contract Price shall be increased or
decreased, as the case may be, on account of any such Change of Scope.
(iv) The parties agree that costs and time for implementation of the proposed Change of
Scope shall be determined as per the following:
(a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public
Works Department are applicable at the Base Date are available, the same shall
be applicable for determination of costs. In case of non-availability of Schedule
of Rates at the Base Date, the available Schedule of Rates shall be applied by
updating the same based on WPI. In case the Contract Price is lower/ higher
than the Estimated Project Cost as per RFP, then the SOR rates shall be
reduced/ increased in the same proportion accordingly.
(b) For item of Works not included in Schedule of Rates as mentioned in sub-para
(a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of
MORTH Standard Data Book and the Authority’s Engineer shall determine the
prevailing market rates and discount the same considering WPI to achieve
the prevailing rate at the Base Date, and for any item in respect of which
MORTH Standard Data Book does not provide the requisite details, the
Authority’s Engineer shall determine the rate in accordance with Good
Industry Practice.
For the avoidance of doubt, in case the cost as determined by the Contractor
and the Authority reveals a difference of more than 10% (ten per cent), the
cost as determined by the Authority shall be considered as final and binding
on the Contractor.
(c) The design charges shall be considered only for new works or items (i.e. the
Works or items not similar to the works or items in the original scope) @ 1%
(one per cent) of cost of such new works or items.
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(d) The costs of existing works or items, which are being changed/ omitted shall
also be valued as per above procedure and only net cost shall be considered.
(e) The reasonable time for completion of works to be taken under Change of
Scope shall be determined by the Authority’s Engineer on the basis of Good
Industry Practice and if such time exceeds the Scheduled Completion Date, the
issue of Completion Certificate shall not be affected or delayed on account of
construction of Change of Scope items/ works remaining incomplete on the
date of Tests.
(v) Upon consideration of the detailed proposal submitted by the Contractor under the
Clause 13.2 (iii), the Authority, within 15 (fifteen) days of receipt of such proposal,
may in its sole discretion either accept such Change of Scope with modifications, if
any, and initiate proceedings thereof in accordance with this Article 13 or reject the
proposal and inform the Contractor of its decision and shall issue an order (the
“Change of Scope Order”) requiring the Contractor to proceed with the performance
thereof.
For the avoidance of doubt, the Parties agree that the Contractor shall not undertake
any Change of Scope without the express consent of the Authority, save and except
any works necessary for meeting any Emergency, that too with verbal approval of
Authority which shall be confirmed in writing in next 3 (three) days. In the event that
the Parties are unable to agree, the Authority may:
(a) issue a Change of Scope Order requiring the Contractor to proceed with the
performance thereof at the rates and conditions approved by the Authority till
the matter is resolved in accordance with Article 26;
or
(b) proceed in accordance with Clause 13.5.
(vi) The provisions of this Agreement, insofar as they relate to Works and Tests, shall
apply mutatis mutandis to the Works undertaken by the Contractor under this Article
13.
13.3 Payment for Change of Scope
Payment for Change of Scope shall be made in accordance with the payment schedule
specified in the Change of Scope Order.
13.4 Restrictions on Change of Scope
(i) No Change of Scope shall be executed unless the Authority has issued the Change of
Scope Order save and except any Works necessary for meeting any Emergency.
(ii) The total value of all Change of Scope Orders shall not exceed 10% (ten per cent) of
the Contract Price.
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(iii) Notwithstanding anything to the contrary in this Article 13, if any change is
necessitated because of any default of the Contractor in the performance of its
obligations under this Agreement, the same shall not be deemed to be Change of
Scope, and shall not result in any adjustment of the Contract Price or the Project
Completion Schedule.
13.5 Power of the Authority to undertake Works
(i) In the event the Parties are unable to agree to the proposed Change of Scope
Orders in accordance with Clause 13.2, the Authority may, after giving notice to
the Contractor and considering its reply thereto, award such Works or services to
any person or agency on the basis of open competitive bidding. It is also agreed
that the Contractor shall provide assistance and cooperation to the person or
agency who undertakes the works or services hereunder. The Contractor shall
not be responsible for rectification of any Defects, but the Contractor shall carry
out maintenance of such works after completion of Defect Liability Period of work
by other person or agency during the remaining period of this agreement without
any extra payment.
(ii) The Works undertaken in accordance with this Clause 13.5 shall conform to the
Specifications and Standards and shall be carried out in a manner that minimises
the disruption in operation of the Project Highway. The provisions of this
Agreement, insofar as they relate to Works and Tests, shall apply mutatis
mutandis to the Works carried out under this Clause 13.5.
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Article 14
Maintenance
14.1 Maintenance obligations of the Contractor
(i) The Contractor shall maintain the Project Highway for a period of 5 (five) years,
corresponding to the Defects Liability Period, commencing from the date of the
Completion Certificate (the “Maintenance Period”). For the performance of its
Maintenance obligations, the Contractor shall be paid @ 0.25% of the Contract Price each
for the five years.
Above amount for the performance of Contractors’ Maintenance obligations shall
be, inclusive of all taxes. The amount payable for maintenance shall not be adjusted to
reflect any increase or decrease arising out of variation in WPI to be determined in
accordance with the provisions of Clause 19.12. It is further agreed that the Contract
Price hereunder shall be reckoned with reference to the amount specified in Clause
19.1 (i), which shall be adjusted to the extent of Change of Scope and the works
withdrawn under the provisions of Clause 8.3 (iii), but shall not include any price
adjustments in pursuance of Clause 19.10.
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(ii) During the Maintenance Period, the Authority shall provide to the Contractor access to the
Site for Maintenance in accordance with this Agreement. The obligations of the Contractor
hereunder shall include:
(a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway;
(b) undertaking routine maintenance including prompt repairs of potholes, cracks,
joints, drains, embankments, structures, pavement markings, lighting, road signs
and other traffic control devices. For the avoidance of doubt, the electricity charges
for operation of electrical infrastructure installed along the project length, except
the infrastructure being used by the Contractor for its own use, shall be borne by
the Authority;
(c) undertaking repairs to structures;
(d) informing the Authority of any unauthorised use of the Project Highway;
(e) informing the Authority of any encroachments on the Project Highway; and
(f) operation and maintenance of all communication, patrolling, and administrative
systems necessary for the efficient maintenance of the Project Highway in
accordance with the provisions of thisAgreement.
(iii) In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at
its own cost, undertake repair or rectification in accordance with Good Industry Practice,
save and except to the extent that such Defect or deficiency shall have arisen on account of
any wilful default or neglect of the Authority or a Force Majeure Event.
(iv) The Contractor shall remove promptly from the Project Highway any waste materials
(including hazardous materials and waste water), rubbish and other debris (including,
without limitation, accident debris) and keep the Project Highway in a clean, tidy and
orderly condition, and in conformity with the Applicable Laws, Applicable Permits and
Good Industry Practice.
14.2 Maintenance Requirements
The Contractor shall ensure and procure that at all times during the Maintenance Period,
the Project Highway conforms to the maintenance requirements set forth in Schedule-E
(the “Maintenance Requirements”).
14.3 Maintenance Programme
(i) The Contractor shall prepare a monthly maintenance programme (the “Maintenance
Programme”) in consultation with the Authority’s Engineer and submit the same to the
Authority’s Engineer not later than 10 (ten) days prior to the commencement of the month
in which the Maintenance is to be carried out. For this purpose a joint monthly inspection
by the Contractor and the Authority’s Engineer shall be undertaken. The Maintenance
Programme shall contain the following:
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(a) The condition of the road in the format prescribed by the Authority’s
Engineer;
(b) the proposed maintenance Works; and
(c) deployment of resources for maintenance Works.
14.4 Safety, vehicle breakdowns and accidents
(i) The Contractor shall ensure safe conditions for the Users, and in the event of unsafe
conditions, lane closures, diversions, vehicle breakdowns and accidents, it shall follow the
relevant operating procedures for removal of obstruction and debris without delay. Such
procedures shall conform to the provisions of this Agreement, Applicable Laws,
Applicable Permits and Good Industry Practice.
(ii) The Contractor shall maintain and operate a round-the-clock vehicle rescue post with 1
(one) mobile crane having the capacity to lift a truck with a Gross Vehicle Weight of
30,000 (thirty thousand) kilograms; and such post shall be located at [****]. The
Contractor shall promptly remove any damaged vehicles and debris from the Project
Highway to enable safe movement of traffic and shall report all accidents to the police
forthwith.
14.5 Lane closure
(i) The Contractor shall not close any lane of the Project Highway for undertaking
maintenance works except with the prior written approval of the Authority’s Engineer.
Such approval shall be sought by the Contractor through a written request to be made at
least 10 (ten) days before the proposed closure of lane and shall be accompanied by
particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s
Engineer shall grant permission with such modifications as it may deem necessary and a
copy of such permission shall be sent to the Authority.
(ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled
to close the designated lane for the period specified therein, and for all lane closures
extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of
any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres,
or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one
per cent) of the monthly maintenance payment for each day of delay until the lane has been
re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of
emergency decommissioning and closure to traffic of the whole or any part of the Project
Highway due to failure of the Contractor, the Contractor shall pay damages to the
Authority at double the above rate, without prejudice the rights of the Authority under this
Agreement including Termination thereof.
14.6 Reduction of payment for non-performance of Maintenance obligations
(i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set forth in
Schedule-E within the period specified therein, it shall be deemed as failure of
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performance of Maintenance obligations by the Contractor and the Authority shall be
entitled to effect reduction in monthly lump sum payment for maintenance in accordance
with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under
this Agreement, including Termination thereof.
(ii) If the nature and extent of any Defect justifies more time for its repair or rectification than
the time specified in Schedule-E, the Contractor shall be entitled to additional time in
conformity with Good Industry Practice. Such additional time shall be determined by the
Authority’s Engineer and conveyed to the Contractor and the Authority with reasons
thereof.
14.7 Authority’s right to take remedial measures
In the event the Contractor does not maintain and/or repair the Project Highway or any part
thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the
Maintenance Programme, as the case may be, and fails to commence remedial works
within 15 (fifteen) days of receipt of the Maintenance Inspection Report under Clause 15.2
or a notice in this behalf from the Authority or the Authority’s Engineer, as the case may
be, the Authority shall, without prejudice to its rights under this Agreement including
Termination thereof, be entitled to undertake such remedial measures at the cost of the
Contractor, and to recover its cost from the Contractor. In addition to recovery of the
aforesaid cost, a sum equal to 20% (twenty per cent) of such cost shall be paid by the
Contractor to the Authority as Damages.
14.8 Restoration of loss or damage to Project Highway
Save and except as otherwise expressly provided in this Agreement, in the event that the
Project Highway or any part thereof suffers any loss or damage during the Maintenance
from any cause attributable to the Contractor, the Contractor shall, at its cost and expense,
rectify and remedy such loss or damage forthwith so that the Project Highway conforms to
the provisions of this Agreement.
14.9 Overriding powers of the Authority
(i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its
obligations under this Agreement and, in particular, the Maintenance Requirements, and
such breach is causing or likely to cause material hardship or danger to the Users and
pedestrians, the Authority may, without prejudice to any of its rights under this Agreement
including Termination thereof, by notice require the Contractor to take reasonable
measures immediately for rectifying or removing such hardship or danger, as the case
may be.
(ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or
remove any hardship or danger within a reasonable period, the Authority may exercise
overriding powers under this Clause 14.9 (ii) and take over the performance of any or all
the obligations of the Contractor to the extent deemed necessary by it for rectifying or
removing such hardship or danger; provided that the exercise of such overriding powers
by the Authority shall be of no greater scope and of no longer
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duration than is reasonably required hereunder; provided further that any costs and
expenses incurred by the Authority in discharge of its obligations hereunder shall be
recovered by the Authority from the Contractor, and the Authority shall be entitled to
deduct any such costs and expenses incurred from the payments due to the Contractor
under Clause 19.7 for the performance of its Maintenance obligations.
(iii) In the event of a national emergency, civil commotion or any other circumstances
specified in Clause 21.3, the Authority may take over the performance of any or all the
obligations of the Contractor to the extent deemed necessary by it, and exercise such
control over the Project Highway or give such directions to the Contractor as may be
deemed necessary; provided that the exercise of such overriding powers by the
Authority shall be of no greater scope and of no longer duration than is reasonably
required in the circumstances which caused the exercise of such overriding power by
the Authority. For the avoidance of doubt, it is agreed that the consequences of such
action shall be dealt in accordance with the provisions of Article 21. It is also agreed
that the Contractor shall comply with such instructions as the Authority may issue in
pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and
cooperation to the Authority, on a best effort basis, for performance of its obligations
hereunder.
14.10 Taking over Certificate
The Maintenance Requirements set forth in Schedule-E having been duly carried out,
Maintenance Period as set forth in Clause 14.1 (i) having been expired and Authority’s
Engineer determining the Tests on Completion of Maintenance to be successful in
accordance with Schedule-Q, the Authority will issue Taking Over Certificate to the
Contractor substantially in the format set forth in Schedule-R.
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Article 15
Supervision and Monitoring during Maintenance
15.1 Inspection by the Contractor
(i) The Authority’s Engineer shall undertake regular inspections to evaluate continuously the
compliance with the Maintenance Requirements.
(ii) The Contractor shall carry out a detailed pre-monsoon inspection of all bridges, culverts
and drainage system in accordance with the guidelines contained in IRC: SP35. Report of
this inspection together with details of proposed maintenance works as required shall be
conveyed to the Authority’s Engineer forthwith. The Contractor shall complete the
proposed maintenance works before the onset of the monsoon and send a compliance report
to the Authority’s Engineer. Post monsoon inspection shall be undertaken by the
Contractor and the inspection report together with details of any damages observed and
proposed action to remedy the same shall be conveyed to the Authority’s Engineer
forthwith.
15.2 Inspection and payments
(i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once
every month, to ensure compliance with the Maintenance Requirements. It shall make a
report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail
the Defects or deficiencies, if any, with particular reference to the Maintenance
Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy
thereof to the Authority and the Contractor within 10 (ten) days of such inspection.
(ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance
Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall
carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor.
The Authority’s Engineer shall inform the Contractor of its intention to carry out the
inspection at least 3 (three) business days in advance of such inspection. The Contractor
shall assist the Authority’s Engineer in verifying compliance with the Maintenance
Requirements.
(iii) For each case of non-compliance of Maintenance Requirements as specified in the
inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the
amount of reduction in payment in accordance with the formula specified in Schedule-M.
(iv) Any deduction made on account of non-compliance will not be paid subsequently even
after establishing the compliance thereof. Such deductions will continue to be made every
month until the compliance is procured.
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15.3 Tests
For determining that the Project Highway conforms to the Maintenance Requirements,
the Authority’s Engineer shall require the Contractor to carry out, or cause to be
carried out, Tests specified by it in accordance with Good Industry Practice. The
Contractor shall, with due diligence, carry out or cause to be carried out all such Tests
in accordance with the instructions of the Authority’s Engineer and furnish the results
of such Tests forthwith to the Authority’ Engineer.
At any time during Maintenance Period, the Authority may appoint an external
technical auditor to conduct an audit of the quality of the Works. The Auditor in the
presence of the representatives of the Contractor and the Authority’s Engineer shall
carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the
testing equipment and the sample size of this audit shall be as decided by the
Authority. The findings of the audit, to the extent accepted by the Authority, shall be
notified to the Contractor and the Authority’s Engineer for taking remedial measures.
After completion of the remedial measures by the Contractor, the auditor shall
undertake a closure audit and this process will continue till the remedial measures have
brought the maintenance works into compliance with the Specifications and Standards.
The Contractor shall provide all assistance as may be required by the auditor in the
conduct of its audit hereunder. Notwithstanding anything contained in this Clause
15.3, the external technical audit shall not affect any obligations of the Contractor or
the Authority’s Engineer under this Agreement.
15.4 Reports of unusual occurrence
The Contractor shall, during the Maintenance Period, prior to the close of each day,
send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report
stating accidents and unusual occurrences on the Project Highway relating to the safety
and security of the Users and Project Highway. A monthly summary of such reports
shall also be sent within 3 (three) business days of the closing of month. For the
purposes of this Clause 15.4, accidents and unusual occurrences on the Project
Highway shall include:
(a) accident, death or severe injury to any person;
(b) damaged or dislodged fixed equipment;
(c) flooding of Project Highway; and
(d) any other unusual occurrence.
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Article 16
Traffic Regulation
16.1 Traffic regulation by the Contractor
(i) The Contractor shall take all the required measures and make arrangements for the
safety of Users during the Construction and Maintenance of the Project Highway or a
Section thereof in accordance with the provisions of MORTH Specifications. It shall
provide, erect and maintain all such barricades, signs, markings, flags, and lights as
may be required by Good Industry Practice for the safety of the traffic passing
through the Section under construction or maintenance.
(ii) All works shall be carried out in a manner creating least interferenceto traffic passing
through the Project Highway or a Section thereof. In sections where construction or
maintenance Works on the carriageway are taken up, the Contractor shall ensure that
proper passage is provided for the traffic. Where it is not possible or safe to allow
traffic on part width of the carriageway, a temporary diversion of proper specifications
shall be constructed by the Contractor at its own cost. ‘ROBOTS’ may be used for
diversion and control of traffic during Construction. The Contractor shall take prior
approval of the Authority’s Engineer for any proposed arrangement for traffic
regulation during Construction and Maintenance, which approval shall not be
unreasonably withheld.
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Article 17
Defects Liability
17.1 Defects Liability Period
(i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear
and tear in the Project Highway or any Section thereof, till the expiry of a period of 5 (five)
years commencing from the date of Completion Certificate (the “Defects Liability
Period”) .
The Defects Liability Period shall commence from the date of the Completion Certificate.
For the avoidance of any doubt, any repairs or restoration because of usual wear or tear in
the Project Highway or any Section thereof shall form a part of the Maintenance
obligations of the Contractor as specified in Article 14.
17.2 Remedying Defects
Save and except as provided in Clause 14.1 (iii), the Contractor shall repair or rectify all
Defects and deficiencies observed by the Authority or Authority’s Engineer during the
Defects Liability Period within a period of 15 (fifteen) days from the date of notice issued
by the Authority or Authority’s Engineer in this behalf, or within such reasonable period as
may be determined by the Authority or Authority’s Engineer at the request of the
Contractor, in accordance with Good Industry Practice.
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17.3 Cost of remedying Defects
Any repair or rectification undertaken in accordance with the provisions of Clause
17.2, including any additional testing, shall be carried out by the Contractor at its own
risk and cost, to the extent that such rectification or repair is attributable to:
(a) the design of the Project;
(b) Plant, Materials or workmanship not being in accordance with this Agreement
and the Specifications and Standards;
(c) improper maintenance during construction of the Project Highway by the
Contractor; and/ or
(d) Failure by the Contractor to comply with any other obligation under this
Agreement.
17.4 Contractor’s failure to rectify Defects
If the Contractor fails to repair or rectify such Defect or deficiency within the period
specified in Clause 17.2, the Authority shall be entitled to get the same repaired,
rectified or remedied at the Contractor’s cost to make the Project Highway conform to
the Specifications and Standards and the provisions of this Agreement. All costs
consequent thereon shall, after due consultation with the Authority and the Contractor,
be determined by the Authority’s Engineer. The cost so determined and an amount
equal to 20% (twenty percent) of the cost as Damages shall be recoverable by the
Authority from the Contractor and may be deducted by the Authority from any monies
due to the Contractor.
17.5 Extension of Defects Liability Period
The Defects Liability Period shall be deemed to be extended till the identified Defects
under Clause 17.2 have been remedied or rectified.
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Article 18
Authority’s Engineer
18.1 Appointment of the Authority’s Engineer
(i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring
Committee (PMC) substantially in accordance with the selection criteria set forth in
Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In
unavoidable circumstances, Authority may appoint an officer to act as Authority’s
Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/
PMC.
(ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI;
RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and
PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision and
monitoring of the execution of project as the representative of the owner of the project. The
Authority's Engineer is appointed to assist the Authority for carrying out the functions as
detailed under clause 18.2. As such, an officer of the Authority is vested with all such
powers and responsibilities as are enjoined upon the Authority's Engineer and is fully
competent to issue any instructions for proper monitoring and supervision of the project,
either by himself or through the Authority's Engineer. Instructions issued by the concerned
officer of the Authority shall have the same effect as that of the Authority's Engineer in
terms of this Agreement. Wherever such concerned officer issues any instructions or notice
to the Contractor, he shall endorse a copy thereof to the Authority's Engineer.
(iii) The Authority’s Engineer should be appointed within 10 days from the date of this
Agreement or before declaration of Appointed Date, whichever is earlier. The Authority
shall notify the appointment or replacement of the Authority’s Engineer to the Contractor.
(iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other
professionals who are competent to assist the Authority’s Engineer to carry out its duties.
18.2 Duties and authority of the Authority’s Engineer
(i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance
with the provisions of this Agreement and substantially in accordance with the terms of
reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but
subject to obtaining prior written approval of the Authority before determining:
(a) any Time Extension;
(b) any additional cost to be paid by the Authority to the Contractor;
(c) the Termination Payment;
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(d) issuance of Completion Certificate; or
(e) any other matter which is not specified in (a), (b), (c) or (d) above and which
creates financial liability on either Party.
(ii) No decision or communication of the Authority’s Engineer shall be effective or valid
unless it is accompanied by an attested true copy of the approval of the Authority for and in
respect of any matter specified in Clause 18.2 (i).
(iii) The Authority’s Engineer shall submit regular periodic reports, at least once every month,
to the Authority in respect of its duties and functions under this Agreement. Such reports
shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of
every month. For the avoidance of doubt, the Authority’s Engineer shall include in its
report, compliance of the recommendations of the Safety Consultant.
18.3 Delegation by the Authority’s Engineer
(i) The Authority’s Engineer may, by order in writing, delegate any of his duties and
responsibilities to suitably qualified and experienced personnel who are accountable to
Authority’s Engineer, or may revoke any such delegation, under intimation to the Authority
and the Contractor. Provided, however, that the Authority’s Engineer shall be responsible
and liable for all actions and omissions of such personnel.
(ii) Any failure of the Authority’s Engineer to disapprove any work, Plant or Materials shall
not constitute approval, and shall, therefore, not prejudice the right of the Authority to
reject the work, Plant or Materials, which is not in accordance with the provisions of this
Agreement and the Specifications and Standards.
(iii) Notwithstanding anything stated in Clause 18.3 (i) above, the Authority’s Engineer shall
not delegate the authority to refer any matter for the Authority’s prior approval wherever
required in accordance with the provisions of Clause 18.2.
18.4 Instructions of the Authority’s Engineer
(i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the
Contractor. The Contractor shall take such instructions from the Authority’s Engineer, or
from an assistant to whom appropriate authority has been delegated under Clause 18.3.
(ii) The instructions issued by the Authority’s Engineer shall be in writing. However, if the
Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm the oral
instructions in writing within 2 (two) working days of issuing them.
(iii) In case the Contractor does not receive the confirmation of the oral instructions within the
time specified in Clause 18.4 (ii), the Contractor shall seek the written confirmation of the
oral instructions from the Authority’s Engineer. The Contractor shall obtain
acknowledgement from the Authority’s Engineer of the communication seeking written
confirmation. In case of failure of the Authority’s Engineer or its delegated
97
assistant to reply to the Contractor within 2 (two) days of the receipt of the
communication from the Contractor, the Contractor may not carry out the instructions.
(iv) In case of any dispute on any of the instructions issued by the delegated assistant, the
Contractor may refer the dispute to the Authority’s Engineer, who shall then confirm,
reverse or vary the instructions within 3 (three) business days of the dispute being
referred.
18.5 Determination by the Authority’s Engineer
(i) The Authority’s Engineer shall consult with each Party in an endeavour to reach
agreement wherever this Agreement provides for the determination of any matter by
the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer
shall make a fair determination in accordance with this Agreement having due regard
to all relevant circumstances. The Authority’s Engineer shall give notice to both the
Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the
Authority’s Engineer in accordance with the provisions of this Agreement. Provided,
however, that if any Party disputes any instruction, decision, direction or determination
of the Authority’s Engineer, the Dispute shall be resolved in accordance with the
Dispute Resolution Procedure.
18.6 Remuneration of the Authority’s Engineer
The remuneration, costs and expenses of the Authority’s Engineer shall be paid by the
Authority.
18.7 Termination of the Authority’s Engineer
(i) The Authority may, in its discretion, replace the Authority’s Engineer at any time.
However, the Authority shall ensure that alternative arrangements for appointment of
another Authority's Engineer or designation of its own officer as the Authority
Engineer for the intervening period are made simultaneously.
(ii) If the Contractor has reasons to believe that the Authority’s Engineer is not
discharging its duties and functions in accordance with the provisions of this
Agreement, it may make a written representation to the Authority and seek termination
of the appointment of the Authority’s Engineer. Upon receipt of such representation,
the Authority shall hold a tripartite meeting with the Contractor and the Authority’s
Engineer and make best efforts for an amicable resolution of the representation. In the
event that the appointment of the Authority’s Engineer is terminated hereunder, the
Authority shall appoint forthwith another Authority’s Engineer in accordance
with Clause 18.1 and 18.7(i).
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Part IV
Financial Covenants
99
Article 19
Payments
19.1 Contract Price
(i) The Authority shall make payments to the Contractor for the Works on the basis of the
lump sum price accepted by the Authority in consideration of the obligations specified in
this Agreement for an amount of INR … … … … (INR .................................................... )
(the “Contract Price”), which shall be subject to adjustments in accordance with the
provisions of this Agreement. For the avoidance of doubt, the Parties expressly agree that
the Contract Price shall not include the cost of Maintenance, which shall be paid separately
in accordance with the provisions of Clause 19.7. The Parties further agree that save and
except as provided in this Agreement, the Contract Price shall be valid and effective until
issue of Completion Certificate.
(ii) The Contract Price includes all duties, taxes, royalty, cess, charges, and fees that may be
levied in accordance with the laws and regulations in force as on the Base Date on the
Contractor's equipment, Plant, Materials and supplies acquired for the purpose of this
Agreement and on the services performed under this Agreement. Nothing in this
Agreement shall relieve the Contractor from its responsibility to pay any tax including any
tax that may be levied in India on profits made by it in respect of this Agreement.
(iii) The Contract Price shall not be adjusted for any change in costs stated in Clause 19.1
(ii) above, except as stated in Clauses 19.10 and 19.17.
(iv) The Contract Price shall not be adjusted to take account of any unforeseen difficulties or
costs, unless otherwise provided for in this Agreement.
(v) Unless otherwise stated in this Agreement, the Contract Price covers all the Contractor’s
obligations for the Works under this Agreement and all things necessary for the
Construction and the remedying of any Defects in the Project Highway.
(vi) All payments under this Agreement shall be made in Indian Rupees.
19.2 Advance Payment
(i) The Authority shall make an interest-bearing advance payment (the “Advance Payment”)
@ “Bank Rate + 3%”, equal to 10 % (ten percent) of the Contract Price, exclusively for
mobilisation expenses. The Advance Payment for mobilisation expenses shall be made in
two instalments each equal to 5% (five percent) of the Contract Price. The second 5% (five
percent) mobilization advance would be released after submission of utilization certificate
by the Contractor for the first 5% (five per cent) advance already released earlier.
(ii) In addition to above, the Authority shall make an additional interest-bearing Advance
Payment against newly purchased key Construction equipment required for the works as
per agreed Construction programme and brought to the site, if so requested
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by the Contractor subject to the same terms and conditions specified for Advance Payment
for mobilisation expenses in this Agreement. The maximum of such advance shall be 5%
(five per cent) of the Contract Price against Bank Guarantee. This advance shall be further
subject to the condition that:
(a) such new equipment are considered by the Authority’s Engineer to be
necessary for the works and
(b) these new equipment should be procured in the name of Contractor and is
verified by Authority’s Engineer to have been brought to site.
The Advance Payment for mobilization expenses and for acquisition of key new
Construction equipment would be deemed as interest bearing advance at the applicable
interest rate (@"Bank rate + 3%”), to be compounded annually on a reducing balance basis.
The interest would be recovered along with the recovery of mobilization Advance Payment
as per provision laid down for the mobilization advance recovery.
(iii) The Contractor may apply to the Authority for the first instalment of the Advance Payment
at any time after the Appointed Date, along with an irrevocable and unconditional
guarantee from a Bank for an amount equivalent to 110% (one hundred and ten per cent) of
such instalment, substantially in the form provided at Annex-III of Schedule-G, to remain
effective till the complete and full repayment thereof.
(iv) At any time, after 60 (sixty) days from the Appointed Date, the Contractor may apply to the
Authority for the second instalment of the Advance Payment along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred and
ten per cent) of such instalment, substantially in the form provided at Annex-III of
Schedule-G, to remain effective till the complete and full repayment thereof.
The Contractor has the option of splitting the Bank Guarantee against Advance Payment
for mobilization expenses into parts, each not less than 2.75% (two point seven five per
cent) of the Contract Price. Each part of the guarantee shall remain effective till full
repayment of such part advance corresponding to this bank guarantee. Such part of Bank
Guarantee shall be returned to the Contractor on recovery under the Agreement of the full
amount of such part guarantee within 30 (thirty) days of the said recovery.
(v) The Advance Payment shall be paid by the Authority to the Contractor within 15 (fifteen)
days of the receipt of its respective requests in accordance with the provisions of this Clause
19.2.
(vi) The Advance Payment shall be repaid through percentage deductions from the stage
payments determined by the Authority’s Engineer in accordance with Clause 19.5, as
follows:
(a) deductions shall commence in the first Stage Payment Statement;
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(b) deductions shall be made at the rate of 15% (fifteen percent) of each Stage
Payment Statement until such time as the advance payment has been repaid;
provided that the advance payment shall be completely repaid prior to the time
when 80% (eighty percent) of the Schedule Construction Period is over;
(c) if total certified stage payments (excluding the Advance Payment and deductions
and repayments of retention) does not exceed 20% (twenty percent) of the Contract
Price within [50% of the Scheduled Construction Period] from the Appointed Date
then the Advance Payment including interest shall be recovered by encashment of
the Bank Guarantee for the Advance Payment.
(vii) If the Advance Payment has not been fully repaid prior to Termination under Clause
21.7 or Article 23, as the case may be, the whole of the balance then outstanding shall
immediately become due and payable by the Contractor to the Authority. Without
prejudice to the provisions of Clause 19.2 (vi), in the event of Termination for Contractor
Default, the Advance Payment shall be deemed to carry interest @ “Bank Rate+5%” per
annum from the date of Advance Payment to the date of recovery by encashment of the
Bank Guarantee for the Advance Payment. For the avoidance of doubt, the aforesaid
interest shall be payable on the unrecovered balance.
19.3 Procedure for estimating the payment for the Works
(i) The Authority shall make interim payments to the Contractor as certified by the
Authority’s Engineer on completion of a stage, in a length, number or area as specified and
valued in accordance with the proportion of the Contract Price assigned to each item and its
stage in Schedule-H.
(ii) The Contractor shall base its claim for interim payment for the stages completed till the end
of the month for which the payment is claimed, valued in accordance with Clause 19.3 (i),
supported with necessary particulars and documents in accordance with this Agreement.
(iii) Any reduction in the Contract Price arising out of Change of Scope or the works withdrawn
under Clause 8.3 shall not affect the amounts payable for the items or stage payments
thereof which are not affected by such Change of Scope or withdrawal. For avoidance of
doubt and by way of illustration, the Parties agree that if the amount assigned to Major
Bridges is reduced from Rs. 100 crore to Rs. 80 crore owing to Change of Scope or
withdrawal of work, the reduction in payment shall be restricted to relevant payments for
Major Bridges only and the payment due in respect of all other stage payments under the
item Major Bridges shall not be affected in any manner. The Parties further agree that the
adjustments arising out of the aforesaid modifications shall be carried out in a manner that
the impact of such modifications is restricted to the said Change of Scope or withdrawal, as
the case may be, and does not alter the payments due for and in respect of items or stage
payments which do not form part of such Change of Scope or withdrawal.
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19.4 Stage Payment Statement for Works
The Contractor shall submit a statement (the “Stage Payment Statement”), in 3 (three)
copies, by the 7th (seventh) day of the month to the Authority’s Engineer in the form set
forth in Schedule-O, showing the amount calculated in accordance with Clause 19.3 to
which the Contractor considers himself entitled for completed stage(s) of the Works. The
Stage Payment Statement shall be accompanied with the progress reports and any other
supporting documents. The Contractor shall not submit any claim for payment of
incomplete stages of work.
19.5 Stage Payment for Works
(i) Within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 19.4, the Authority’s Engineer shall broadly determine the amount due
to the Contractor and recommend the release of 90 (ninety) percent of the amount so
determined as part payment against the Stage Payment Statement, pending issue of the
Interim Payment Certificate by the Authority’s Engineer. Within 10 (ten) days of the
receipt of recommendation of the Authority’s Engineer, the Authority shall make electronic
payment directly to the Contractor’s bank account.
(ii) Within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause
19.4, the Authority’s Engineer shall determine and shall deliver to the Authority and the
Contractor an IPC certifying the amount due and payable to the Contractor, after adjusting
the payments already released to the Contractor against the said statement. For the
avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that have
been deducted from the Stage Payment Statement and the reasons therefor.
(iii) In cases where there is a difference of opinion as to the value of any stage, the Authority’s
Engineer’s view shall prevail and interim payments shall be made to the Contractor on this
basis; provided that the foregoing shall be without prejudice to the Contractor’s right to
raise a Dispute.
(iv) The Authority’s Engineer may, for reasons to be recorded, withhold from payment:
(a) the estimated value of work or obligation that the Contractor has failed to perform
in accordance with this Agreement and the Authority’s Engineer had notified the
Contractor; and
(b) the estimated cost of rectification of work done being not in accordance with this
Agreement.
(v) Payment by the Authority shall not be deemed to indicate the Authority's acceptance,
approval, consent or satisfaction with the work done.
19.6 Deleted
19.7 Deleted
19.8 Deleted
19.9 Deleted
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19.10 Price adjustment for the Works
(i) The amounts payable to the Contractor for Works shall be adjusted in accordance with the
provisions of this Clause 19.10
(ii) Subject to the provisions of Clause 19.10 (iii), the amounts payable to the Contractor for
Works, shall be adjusted in the IPC issued by the Authority’s Engineer for the increase or
decrease in the index cost of inputs for the Works, by the addition or subtraction of the
amounts determined by the formulae prescribed in Clause 19.10 (iv).
(iii) To the extent that full compensation for any increase or decrease in costs to the Contractor
is not covered by the provisions of this or other Clauses in this Agreement, the costs and
prices payable under this Agreement shall be deemed to include the amounts required to
cover the contingency of such other increase or decrease of costs and prices.
(iv) The Contract Price shall be adjusted for increase or decrease in rates and price of labour,
cement, steel, Plant, machinery and spares, bitumen, fuel and lubricants, and other material
inputs in accordance with the principles, procedures and formulae specified below:
(a) Price adjustment shall be applied on completion of the specified stage of the
respective item of work in accordance with Schedule-H;
(b) Adjustment for each item of work/stage shall be made separately;
(c) The following expressions and meanings are assigned to the value of the work
done:
RW= Value of work done for the completion of a stage under the following items
of Schedule-H:
i. Road works; and
ii. Other works
BR = Value of work done for the completion of a stage under the items Major Bridges
and Structures (Schedule-H)
(d) Price adjustment for changes in cost shall be paid in accordance with the
following formulae:
(i)
(ii)
Where,
VRW = Increase or decrease in the cost of road works/other works during the period under
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consideration due to changes in the rates for relevant components as stated in sub-
paragraph (e).
VBR = Increase or decrease in the cost of Major Bridges and Structures during the period
under consideration due to changes in the rates for relevant components as stated in
sub-paragraph (e).
PB, PC, PL, PM, and PS are the percentages of bitumen, cement, labour, other materials,
and steel/components (including strands and cables) respectively for the relevant item as
stated in sub-paragraph (e).
PA is the percentage of Plant, machinery and spares component for the relevant item as
stated in sub-paragraph (e).
PF is the percentage of fuel and lubricants for the relevant items as stated in sub-
paragraph (e).
AO = The wholesale price index as published by the Ministry of Commerce & Industry,
Government of India (hereinafter called “WPI”) for “Manufacture of machinery for
mining, quarrying and construction” for the month of the Base Date.
AI = The WPI for construction machinery for the month three months prior to the month
to which the IPC relates.
BO = The official retail price of bitumen at the nearest refinery at [Panipat] on the Base
Date.
BI = The official retail price of bitumen at nearest refinery at [Panipat], on the first day
of the month three months prior to the month to which the IPC relates.
CO = The WPI for Ordinary Portland Cement for the month of the Base Date.
CI = The WPI for Ordinary Portland Cement for the month three months prior to the
month to which the IPC relates.
FO = The official retail price of high speed diesel (HSD) oil at the existing consumer
pumps of Indian Oil Corporation (“IOC”) in the State of [Haryana] on the Base
Date.
FI = The official retail price of HSD at the existing consumer pumps of IOC in the State
of [Haryana] on the first day of the month three months prior to the month to which
the IPC relates.
LO = The consumer price index for industrial workers for the [circle **** in the
State of Uttar Pradesh], published by Labour Bureau, Ministry of Labour,
Government of India, (hereinafter called “CPI”) for the month of the Base Date.
LI = The CPI for the month three months prior to the month to which the IPC
relates.
MO = The WPI for all commodities for the month of the Base Date.
105
MI = The WPI for all commodities for the month three months prior to the month to
which the IPC relates.
SO = The WPI for Mild Steel –Long Products for the month of the Base Date.
SI = The WPI for Mild Steel –Long Products for the month three months prior to the
month to which the IPC relates.
(e) The following percentages shall govern the price adjustment of the Contract Price:
Item
Road
Works Major
Component Earthwork, Culverts,
Cement Bridges
Granular Bitumin minor bridges and
Concrete
work, and ous work and other Structures
Pavement
Other structures
works
Labour (PL) [20%] [20%] [20%] [15%] [15%]
Cement (PC) [5%] Nil [20%] [15%] [15%]
Steel (PS) Nil Nil Nil [15%] [20%]
Bitumen (PB) Nil [15%] Nil Nil Nil
Fuel and [10%] [10%] [10%] [10%] [10%]
lubricants
(PF)
Other [50%] [40%] [35%] [30%] [25%]
Material
s
(PM)
Plant, [15%] [15%] [15%] [15%] [15%]
machinery
and spares.
(PA)
Total 100% 100% 100% 100% 100%
19.11 Restrictions on price adjustment
Price adjustment shall be due and payable only in respect of the stages of Works for which the
Stage Payment Statement has been submitted by the Contractor no later than 30 (thirty) days
from the date of the applicable Project Milestone or the Scheduled Completion Date, as the case
may be, including any Time Extension granted therefor in accordance with the provisions of this
Agreement. For the avoidance of doubt, in the event of submission of any Stage Payment
Statement after the period specified herein, price adjustment shall be applicable until the date of
the respective Project Milestone or the Scheduled Completion Date, as the case may be.
19.12 Deleted
19.13 Final Payment Statement
(i) Within 60 (sixty) days after receiving the Completion Certificate under Clause 12.2, the
106
Contractor shall submit to the Authority’s Engineer for consideration 6 (six) copies of a
Final Payment Statement (the “Final Payment Statement”) for Works, with supporting
documents showing in detail, in the form prescribed by the Authority’s Engineer:
(a) the summary of Contractor’s Stage Payment claims for Works as submitted in
accordance with Clause 19.4;
(b) the amounts received from the Authority against each claim; and
(c) any further sums which the Contractor considers due to it from the Authority.
If the Authority’s Engineer disagrees with or cannot verify any part of the Final
Payment Statement, the Contractor shall submit such further information as the
Authority’s Engineer may reasonably require. The Authority’s Engineer shall
deliver to the Authority:
i. an IPC for those parts of the Final Payment Statement which are not in dispute,
along with a list of disputed items which shall then be settled in accordance
with the provisions of Article 26; or
ii. a Final Payment Certificate in accordance with Clause 19.15 if there are no
disputed items.
(ii) If the Authority’s Engineer does not prescribe the form referred to in Clause 19.13 (i)
within 15 (fifteen) of the date of issue of the Completion Certificate, the Contractor shall
submit the statement in such form as it deems fit.
19.14 Discharge
Upon submission of the Final Payment Statement for Works under Clause 19.13, the
Contractor shall give to the Authority, with a copy to the Authority’s Engineer, a written
discharge confirming that the total of the Final Payment Statement represents full and final
settlement of all monies due to the Contractor in respect of this Agreement for all the
Works arising out of this Agreement, except for any monies due to either Party on account
of any Defect. Provided that such discharge shall become effective only after the payment
due has been made in accordance with the Final Payment Certificate issued pursuant to
Clause 19.15.
19.15 Final Payment Certificate
(i) Within 30 (thirty) days after receipt of the Final Payment Statement for Works under
Clause 19.13, and the written discharge under Clause 19.14, and there being no disputed
items of claim, the Authority’s Engineer shall deliver to the Authority, with a copy to the
Contractor, a final payment certificate (the “Final Payment Certificate”) stating the
amount which, in the opinion of the Authority’s Engineer, is finally due under this
Agreement or otherwise. For the avoidance of doubt, before issuing the Final Payment
Certificate, the Authority’s Engineer shall ascertain from the Authority all amounts
previously paid by the Authority and for all sums to which the Authority is entitled, the
balance, if any, due from the Authority to the Contractor or from the Contractor to the
Authority, as the case may be.
107
(ii) The Authority shall, in accordance with the provisions of Clause 19.9, pay to the
Contractor the amount which is stated as being finally due in the Final Payment Certificate.
19.16 Final payment statement for Maintenance
(i) Within 30 (thirty) days after completion of the Maintenance Period, the Contractor shall
submit to the Authority’s Engineer 6 (six) copies of the final payment statement for
Maintenance of the Project Highway, with supporting documents showing the details set
forth below in the form prescribed by the Authority’s Engineer:
(a) the total amount claimed in accordance with clause 19.7 (i) and
(b) any sums which the Contractor considers to be due to it, with supporting
documents.
(ii) The Authority’s Engineer shall certify final payment within 30 (thirty) days of the receipt
of the final payment statement of Maintenance under Clause 19.16 (i), segregating the
items of amount payable from the items of amount disallowed. The Authority shall make
payment on the basis of the final payment authorised by the Authority’s Engineer within a
period of 30 (thirty) days of the receipt of the Final Payment Statement from the
Authority’s Engineer.
(iii) If the Authority’s Engineer does not prescribe the form within 15 (fifteen) days of the date
of issue of the Completion Certificate, the Contractor shall submit the statement in such
form as it deems fit.
19.17 Change in law
(i) If as a result of Change in Law, the Contractor suffers any additional costs in the execution
of the Works or in relation to the performance of its other obligations under this
Agreement, the Contractor shall, within 15 (fifteen) days from the date it becomes
reasonably aware of such addition in cost, notify the Authority with a copy to the
Authority’s Engineer of such additional cost due to Change in Law.
(ii) If as a result of Change in Law, the Contractor benefits from any reduction in costs for the
execution of this Agreement or in accordance with the provisions of this Agreement, either
Party shall, within 15 (fifteen) days from the date it becomes reasonably aware of such
reduction in cost, notify the other Party with a copy to the Authority’s Engineer of such
reduction in cost due to Change in Law.
108
(iii) The Authority’s Engineer shall, within 15 (fifteen) days from the date of receipt of the
notice from the Contractor or the Authority, determine any addition or reduction to the
Contract Price, as the case may be, due to the Change in Law.
19.18 Correction of Interim Payment Certificates
The Authority’s Engineer may by an Interim Payment Certificate make any correction
or modification in any previous Interim Payment Certificate issued by the Authority’s
Engineer.
19.19 Authority’s claims
If the Authority considers itself to be entitled to any payment from the Contractor
under any Clause of this Agreement, it shall give notice and particulars to the
Contractor 20 (twenty) days before making the recovery from any amount due to the
Contractor, and shall take into consideration the representation, if any, made by the
Contractor in this behalf, before making such recovery.
19.20 Bonus for early completion
Deleted
109
Article 20
Insurance
20.1 Insurance for Works and Maintenance
(i) The Contractor shall effect and maintain at its own cost the insurances specified in
Schedule-P and as per the requirements under the Applicable Laws.
(ii) Subject to the provisions of Clause 21.6, the Authority and the Contractor shall, in
accordance with its obligations as provided for in this Agreement, be liable to bear the cost
of any loss or damage that does not fall within the scope of this Article 20 or cannot be
recovered from the insurers.
(iii) Subject to the exceptions specified in Clause 20.1 (iv) below, the Contractor shall, save and
except as provided for in this Agreement, fully indemnify, hold harmless and defend the
Authority from and against any and all losses, damages, costs, charges and/or claims with
respect to:
(a) the death of or injury to any person; or
(b) the loss of or damage to any property (other than the Works);
that may arise out of or in consequence of any breach by the Contractor of this
Agreement during the execution of the Works or the remedying of any Defects
therein.
(iv) Notwithstanding anything stated above in Clause 20.1 (iii), the Authority shall fully
indemnify the Contractor from and against any and all losses, damages, costs, charges,
proceedings and/or claims arising out of or with respect to:
(a) the use or occupation of land or any part thereof by the Authority;
(b) the right of the Authority to execute the Works, or any part thereof, on, over,
under, in or through any land;
(c) the damage to property which is the unavoidable result of the execution and
completion of the Works, or the remedying of any Defects therein, in accordance
with this Agreement; and
(d) the death of or injury to persons or loss of or damage to property resulting from
any act or neglect of the Authority, its agents, servants or other contractors, not
being employed by the Contractor.
Provided that, in the event of any injury or damage as a result of the contributory
negligence of the Contractor, the Authority shall be liable to indemnify the
Contractor from and against any and all losses, damages, costs, charges,
proceedings and/or claims to the extent as may be proportionately determined to be
the liability of the Authority, its servants or agents or other contractors not
associated with the Contractor in such injury or damage.
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(v) Without prejudice to the obligations of the Parties as specified under Clauses 20.1 (iii) and
20.1 (iv), the Contractor shall maintain or effect such third party insurances as may be
required under the Applicable Laws.
(vi) The Contractor shall provide to the Authority, within 30 days of the Appointed Date,
evidence of professional liability insurance maintained by its Design Director and/or
consultants to cover the risk of professional negligence in the design of Works. The
professional liability coverage shall be for a sum of not less than [3% (three per cent)] of
the Contract Price and shall be maintained until the end of the Defects Liability Period.
20.2 Notice to the Authority
No later than 15 (fifteen) days after the date of this Agreement, the Contractor shall by
notice furnish to the Authority, in reasonable detail, information in respect of the
insurances that it proposes to effect and maintain in accordance with this Article 20. Within
15 (fifteen) days of receipt of such notice, the Authority may require the Contractor to
effect and maintain such other insurances as may be necessary pursuant hereto, and in the
event of any difference or disagreement relating to any such insurance, the Dispute
Resolution Procedure shall apply.
20.3 Evidence of Insurance Cover
(i) All insurances obtained by the Contractor in accordance with this Article 20 shall be
maintained with insurers on terms consistent with Good Industry Practice. Within 10 (ten)
days from the Appointed Date, the Contractor shall furnish to the Authority notarised true
copies of the certificate(s) of insurance, copies of insurance policies and premia payment
receipts in respect of such insurance, and no such insurance shall be cancelled, modified, or
allowed to expire or lapse until the expiration of at least 45 (forty-five) days after notice of
such proposed cancellation, modification or non- renewal has been delivered by the
Contractor to the Authority. The Contractor shall act in accordance with the directions of
the Authority. Provided that the Contractor shall produce to the Authority the insurance
policies in force and the receipts for payment of the current premia.
(ii) The Contractor shall ensure the adequacy of the insurances at all times in accordance with
the provisions of this Agreement.
20.4 Remedy for failure to insure
If the Contractor shall fail to effect and keep in force all insurances for which it is
responsible pursuant hereto, the Authority shall have the option to either keep in force any
such insurances, and pay such premia and recover the costs thereof from the Contractor, or
in the event of computation of a Termination Payment, treat an amount equal to the
Insurance Cover as deemed to have been received by the Contractor.
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20.5 Waiver of subrogation
All insurance policies in respect of the insurance obtained by the Contractor pursuant to
this Article 20 shall include a waiver of any and all rights of subrogation or recovery of the
insurers thereunder against, inter alia, the Authority, and its assigns, successors,
undertakings and their subsidiaries, Affiliates, employees, insurers and underwriters, and of
any right of the insurers to any set-off or counterclaim or any other deduction, whether by
attachment or otherwise, in respect of any liability of any such person insured under any
such policy or in any way connected with any loss, liability or obligation covered by such
policies of insurance.
20.6 Contractor’s waiver
The Contractor hereby further releases, assigns and waives any and all rights of
subrogation or recovery against, inter alia, the Authority and its assigns, undertakings and
their subsidiaries, Affiliates, employees, successors, insurers and underwriters, which the
Contractor may otherwise have or acquire in or from or in any way connected with any
loss, liability or obligation covered by policies of insurance maintained or required to be
maintained by the Contractor pursuant to this Agreement (other than third party liability
insurance policies) or because of deductible clauses in or inadequacy of limits of any such
policies of insurance.
20.7 Cross liabilities
Any such insurance maintained or effected in pursuance of this Article 20 shall include a
cross liability clause such that the insurance shall apply to the Contractor and to the
Authority as separately insured.
20.8 Accident or injury to workmen
Notwithstanding anything stated in this Agreement, it is hereby expressly agreed between
the Parties that the Authority shall not be liable for or in respect of any damages or
compensation payable to any workman or other person in the employment of the Contractor
or Sub-contractor, save and except as for death or injury resulting from any act, omission or
wilful default of the Authority, its agents or servants. The Contractor shall indemnify and
keep indemnified the Authority from and against all such claims, proceedings, damages,
costs, charges, and expenses whatsoever in respect of the above save and except for those
acts, omissions or wilful defaults for which the Authority shall be liable.
20.9 Insurance against accident to workmen
The Contractor shall effect and maintain during the Agreement such insurances as may be
required to insure the Contractor’s personnel and any other persons employed by it on the
Project Highway from and against any liability incurred in pursuance of this Article 20.
Provided that for the purposes of this Clause 20.9, the Contractor’s personnel/any person
employed by the Contractor shall include the Sub- contractor and its personnel. It is
further provided that, in respect of any persons
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employed by any Sub-contractor, the Contractor's obligations to insure as aforesaid under
this Clause 20.9 shall be discharged if the Sub-contractor shall have insured against any
liability in respect of such persons in such manner that the Authority is indemnified under
the policy. The Contractor shall require such Sub-contractor to produce before the
Authority, when required, such policy of insurance and the receipt for payment of the
current premium within 10 (ten) days of such demand being made by the Authority.
20.10 Application of insurance proceeds
The proceeds from all insurance claims, except for life and injury, shall be applied for any
necessary repair, reconstruction, reinstatement, replacement, improvement, delivery or
installation of the Project Highway and the provisions of this Agreement in respect of
construction of works shall apply mutatis mutandis to the works undertaken out of the
proceeds of insurance.
20.11 Compliance with policy conditions
Each Party hereby expressly agrees to fully indemnify the other Party from and against all
losses and claims arising from its failure to comply with conditions imposed by the
insurance policies effected in accordance with this Agreement.
20.12 General Requirements of Insurance Policies
The Contractor must:
(a) immediately deposit copies of the policies or certificates of any insurance which it
is required to effect under the Contract, together with receipts for the premiums;
(b) effect all insurances for which the Contractor is responsible with an insurer
approved by the Authority;
(c) make no material changes to the terms of any insurance without the Authority’s
approval;
(d) in all respects comply with any conditions stipulated in the insurance policies
which the Contractor is required to effect under the Agreement or which the
Authority has effected in relation to the Facility and notified to the Contractor; and
shall provide all assistance to the Authority in the application for, and finalization
of, such comprehensive insurance package;
(e) regardless of the extent of settlement of claims by the underwriters or the time
taken for settlement of claims, the Contractor shall make good any loss, or damage
at its own cost promptly;
(f) provide all assistance to the Authority in the application for, and finalization of,
such comprehensive insurance package;
(g) pay the Contractor's share of the insurance premiums for insurance premiums
allocated under such comprehensive insurance package policy to
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the insurances directly to the insurance provider promptly on demand. In case
the Contractor fails to make such payment in time, the Authority may elect to
pay the Contractor's share and adjust it against amounts payable to the
Contractor under this Agreement;
(h) in the case of occurrence of any event leading to an insurance claim, promptly
follow the procedures specified by the insurance provider, and provide full
cooperation and access to the insurance provider or its representative, to settle
the claim expeditiously;
(i) require all the Sub-Contractors providing equipment and materials or services
to the Contractor or the Authority to obtain, maintain and keep in force during
the time in which they are involved in the performance of the Works
hereunder insurance coverage consistent with the Contractor's insurance
obligations hereunder and the Contractor shall also be responsible for
fulfillment of this requirement; and
(j) the required insurance coverage and the Contractor's obligations-referred to
shall in no way affect or limit the Contractor's liability with respect to its
performance of the Works. Nothing in this Section shall limit or relieve the
Contractor of its liabilities and obligations under this
Agreement.
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PartV
Force Majeure and Termination
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Article 21
Force Majeure
21.1 Force Majeure
As used in this Agreement, the expression “Force Majeure” or “Force Majeure Event”
shall mean occurrence in India of any or all of Non-Political Event, Indirect Political Event
and Political Event, as defined in Clauses 21.2, 21.3 and 21.4 respectively, if it affects the
performance by the Party claiming the benefit of Force Majeure (the “Affected Party”) of
its obligations under this Agreement and which act or event (i) is beyond the reasonable
control of the Affected Party, and (ii) the Affected Party could not have prevented or
overcome by exercise of due diligence and following Good Industry Practice, and (iii) has
Material Adverse Effect on the Affected Party.
21.2 Non-Political Event
A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake,
landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination
or ionising radiation, fire or explosion (to the extent of contamination or radiation
or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Contractor, Sub- contractors or
their respective employees/ representatives, or attributable to any act or omission
of any of them) interrupting supplies and services to the Project Highway for a
continuous period of 24 (twenty-four) hours and an aggregate period exceeding 10
(ten) days in an Accounting Year, and not being an Indirect Political Event set
forth in Clause 21.3;
(c) any failure or delay of a Sub-contractor but only to the extent caused by another
Non-Political Event;
(d) any judgement or order of any court of competent jurisdiction or statutory authority
made against the Contractor in any proceedings for reasons other than (i) failure of
the Contractor to comply with any Applicable Law or Applicable Permit, or (ii) on
account of breach of any Applicable Law or Applicable Permit or of any contract,
or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under
this Agreement by the Authority;
(e) the discovery of geological conditions, toxic contamination or archaeological
remains on the Site that could not reasonably have been expected to be discovered
through a site inspection; or
(f) any event or circumstances of a nature analogous to any of the foregoing.
21.3 Indirect Political Event
An Indirect Political Event shall mean one or more of the following acts or events:
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(a) an act of war (whether declared or undeclared), invasion, armed conflict or act of
foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action,
civil commotion or politically motivated sabotage;
(b) industry-wide or State-wide strikes or industrial action for a continuous period of 24
(twenty-four) hours and exceeding an aggregate period of 10 (ten) days in an
Accounting Year;
(c) any civil commotion, boycott or political agitation which prevents construction of
the Project Highway by the Contractor for an aggregate period exceeding 10 (ten)
days in an Accounting Year;
(d) any failure or delay of a Sub-contractor to the extent caused by any Indirect
Political Event;
(e) any Indirect Political Event that causes a Non-Political Event; or
(f) any event or circumstances of a nature analogous to any of the foregoing.
21.4 Political Event
A Political Event shall mean one or more of the following acts or events by or on account
of any Government Instrumentality:
(a) Change in Law, only if consequences thereof cannot be dealt with under and in
accordance with the provisions of Clause 19.17;
(b) compulsory acquisition in national interest or expropriation of any Project Assets
or rights of the Contractor or of the Sub-Contractors;
(c) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew
or grant without valid cause, any clearance, licence, permit, authorisation, no
objection certificate, consent, approval or exemption required by the Contractor or
any of the Sub-contractors to perform their respective obligations under this
Agreement; provided that such delay, modification, denial, refusal or revocation
did not result from the Contractor’s or any Sub-contractor’s inability or failure to
comply with any condition relating to grant, maintenance or renewal of such
clearance, licence, authorisation, no objection certificate, exemption, consent,
approval or permit;
(d) any failure or delay of a Sub-contractor but only to the extent caused by another
Political Event; or
(e) any event or circumstances of a nature analogous to any of the foregoing.
21.5 Duty to report Force Majeure Event
(i) Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report such
occurrence to the other Party forthwith. Any notice pursuant hereto shall include full
particulars of:
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(a) the nature and extent of each Force Majeure Event which is the subject of any
claim for relief under this Article 21 with evidence in support thereof;
(b) the estimated duration and the effect or probable effect which such Force Majeure
Event is having or will have on the Affected Party’s performance of its obligations
under this Agreement;
(c) the measures which the Affected Party is taking or proposes to take for alleviating
the impact of such Force Majeure Event; and
(d) any other information relevant to the Affected Party’s claim.
(ii) The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure
Event unless it shall have notified the other Party of the occurrence of the Force Majeure
Event as soon as reasonably practicable, and in any event no later than 10 (ten) days after
the Affected Party knew, or ought reasonably to have known, of its occurrence, and shall
have given particulars of the probable material effect that the Force Majeure Event is likely
to have on the performance of its obligations under this Agreement.
(iii) For so long as the Affected Party continues to claim to be materially affected by such Force
Majeure Event, it shall provide the other Party with regular (and not less than weekly)
reports containing information as required by Clause 21.5 (i), and such other information as
the other Party may reasonably request the Affected Party to provide.
21.6 Effect of Force Majeure Event on the Agreement
(i) Upon the occurrence of any Force Majeure after the Appointed Date, the costs incurred and
attributable to such event and directly relating to this Agreement (the “Force Majeure
costs”) shall be allocated and paid as follows:
(a) upon occurrence of a Non-Political Event, the Parties shall bear their respective
Force Majeure costs and neither Party shall be required to pay to the other Party
any costs thereof;
(b) upon occurrence of an Indirect Political Event, all Force Majeure costs attributable
to such Indirect Political Event, and not exceeding the Insurance Cover for such
Indirect Political Event, shall be borne by the Contractor, and to the extent Force
Majeure costs exceed such Insurance Cover, one half of such excess amount shall
be reimbursed by the Authority to the Contractor for the Force Majeure events; and
(c) upon occurrence of a Political Event, all Force Majeure costs attributable to such
Political Event shall be reimbursed by the Authority to the Contractor.
(d) For the avoidance of doubt, Force Majeure costs may include costs directly
attributable to the Force Majeure Event, but shall not include debt repayment
obligations, if any, of the Contractor.
(ii) Save and except as expressly provided in this Article 21, neither Party shall be liable in
any manner whatsoever to the other Party in respect of any loss, damage, cost,
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expense, claims, demands and proceedings relating to or arising out of occurrence or
existence of any Force Majeure Event or exercise of any right pursuant hereto.
(iii) Upon the occurrence of any Force Majeure Event during the Construction Period, the
Project Completion Schedule for and in respect of the affected Works shall be extended on
a day for day basis for such period as performance of the Contractor’s obligations is
affected on account of the Force Majeure Event or its subsisting effects.
21.7 Termination Notice for Force Majeure Event
(i) If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a continuous
period of 120 (one hundred and twenty) days, either Party may in its discretion terminate
this Agreement by issuing a Termination Notice to the other Party without being liable in
any manner whatsoever, save as provided in this Article 21, and upon issue of such
Termination Notice, this Agreement shall, notwithstanding anything to the contrary
contained herein, stand terminated forthwith; provided that before issuing such
Termination Notice, the Party intending to issue the Termination Notice shall inform the
other Party of such intention and grant 15 (fifteen) days’ time to make a representation, and
may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such
representation, in its sole discretion issue the Termination Notice.
21.8 Termination Payment for Force Majeure Event
(i) In the event of this Agreement being terminated on account of a Non-Political Event, the
Termination Payment shall be an amount equal to the sum payable under Clause 23.5.
Provided that in the event Termination occurs during the Maintenance Period, the
Authority’s Engineer shall only determine the value of Works associated with Maintenance.
(ii) If Termination is on account of an Indirect Political Event, the Termination Payment shall
include:
(a) any sums due and payable under Clause 23.5; and
(b) the reasonable cost, as determined by the Authority’s Engineer, of the Plant and
Materials procured by the Contractor and transferred to the Authority for use in
Construction or Maintenance, only if such Plant and Materials are in conformity
with the Specifications and Standards;
Provided that in the event Termination occurs during the Maintenance Period, the
Authority’s Engineer shall only determine the value of Works associated with Maintenance.
(iii) If Termination is on account of a Political Event, the Authority shall make a Termination
Payment to the Contractor in an amount that would be payable under Clause 23.6 (ii) as if
it were an Authority Default.
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21.9 Dispute resolution
In the event that the Parties are unable to agree in good faith about the occurrence or
existence of a Force Majeure Event, such Dispute shall be finally settled in accordance
with the Dispute Resolution Procedure; provided that the burden of proof as to the
occurrence or existence of such Force Majeure Event shall be upon the Party claiming
relief and/ or excuse on account of such Force Majeure Event.
21.10 Excuse from performance of obligations
If the Affected Party is rendered wholly or partially unable to perform its obligations
under this Agreement because of a Force Majeure Event, it shall be excused from
performance of such of its obligations to the extent it is unable to perform on account of
such Force Majeure Event; provided that:
(a) the suspension of performance shall be of no greater scope and of no longer
duration than is reasonably required by the Force Majeure Event;
(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage
to the other Party arising out of or as a result of the existence or occurrence of
such Force Majeure Event and to cure the same with due diligence; and
(c) when the Affected Party is able to resume performance of its obligations
under this Agreement, it shall give to the other Party notice to that effect and
shall promptly resume performance of its obligations hereunder.
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Article 22
Suspension of Contractor’s Rights
22.1 Suspension upon Contractor Default
Upon occurrence of a Contractor Default, the Authority shall be entitled, without prejudice
to its other rights and remedies under this Agreement including its rights of Termination
hereunder, to (i) suspend carrying out of the Works or Maintenance or any part thereof, and
(ii) carry out such Works or Maintenance itself or authorise any other person to exercise or
perform the same on its behalf during such suspension (the “Suspension”). Suspension
hereunder shall be effective forthwith upon issue of notice by the Authority to the
Contractor and may extend up to a period not exceeding 90 (ninety) days from the date of
issue of such notice.
22.2 Authority to act on behalf of Contractor
During the period of Suspension hereunder, all rights and liabilities vested in the
Contractor in accordance with the provisions of this Agreement shall continue to vest
therein and all things done or actions taken, including expenditure incurred by the
Authority for discharging the obligations of the Contractor under and in accordance with
this Agreement shall be deemed to have been done or taken for and on behalf of the
Contractor and the Contractor undertakes to indemnify the Authority for all costs incurred
during such period. The Contractor hereby licences and sub-licences respectively, the
Authority or any other person authorised by it under Clause 22.1 to use during Suspension,
all Intellectual Property belonging to or licensed to the Contractor with respect to the
Project Highway and its design, engineering, construction and maintenance, and which is
used or created by the Contractor in performing its obligations under the Agreement.
22.3 Revocation of Suspension
(i) In the event that the Authority shall have rectified or removed the cause of Suspension
within a period not exceeding 60 (sixty) days from the date of Suspension, it shall revoke
the Suspension forthwith and restore all rights of the Contractor under this Agreement. For
the avoidance of doubt, the Parties expressly agree that the Authority may, in its discretion,
revoke the Suspension at any time, whether or not the cause of Suspension has been
rectified or removed hereunder.
(ii) Upon the Contractor having cured the Contractor Default within a period not exceeding 60
(sixty) days from the date of Suspension, the Authority shall revoke the Suspension
forthwith and restore all rights of the Contractor under this Agreement.
22.4 Termination
(i) At any time during the period of Suspension under this Article 22, the Contractor may by
notice require the Authority to revoke the Suspension and issue a Termination
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Notice. The Authority shall, within 15 (fifteen) days of receipt of such notice,
terminate this Agreement under and in accordance with Article 23.
(ii) Notwithstanding anything to the contrary contained in this Agreement, in the event
that Suspension is not revoked within 90 (ninety) days from the date of Suspension
hereunder, the Agreement shall, upon expiry of the aforesaid period, be deemed to
have been terminated by mutual agreement of the Parties and all the provisions of this
Agreement shall apply, mutatis mutandis, to such Termination as if a Termination
Notice had been issued by the Authority upon occurrence of a Contractor Default.
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Article 23
Termination
23.1 Termination for Contractor Default
(i) Save as otherwise provided in this Agreement, in the event that any of the defaults
specified below shall have occurred, and the Contractor fails to cure the default within the
Cure Period set forth below, or where no Cure Period is specified, then within a Cure
Period of 60 (sixty) days, the Contractor shall be deemed to be in default of this Agreement
(the “Contractor Default”), unless the default has occurred solely as a result of any breach
of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein
shall include:
(a) the Contractor fails to provide, extend or replenish, as the case may be, the
Performance Security in accordance with this Agreement;
(b) after the replenishment or furnishing of fresh Performance Security in accordance
with Clause 7.3, the Contractor fails to cure, within a Cure Period of 30 (thirty)
days, the Contractor Default for which the whole or part of the Performance
Security was appropriated;
(c) the Contractor does not achieve the latest outstanding Project Milestone due in
accordance with the provisions of Schedule-J, subject to any Time Extension, and
continues to be in default for 45 (forty five) days;
(d) the Contractor abandons or manifests intention to abandon the construction or
Maintenance of the Project Highway without the prior written consent of the
Authority;
(e) the Contractor fails to proceed with the Works in accordance with the provisions of
Clause 10.1 or stops Works and/or the Maintenance for 30 (thirty) days without
reflecting the same in the current programme and such stoppage has not been
authorised by the Authority’s Engineer;
(f) the Project Completion Date does not occur within the period specified in
Schedule-J for the Scheduled Completion Date, or any extension thereof;
(g) the Contractor fails to rectify any Defect, the non-rectification of which shall have
a Material Adverse Effect on the Project, within the time specified in this
Agreement or as directed by the Authority’s Engineer;
(h) the Contractor subcontracts the Works or any part thereof in violation of this
Agreement or assigns any part of the Works or the Maintenance without the prior
approval of the Authority;
(i) the Contractor creates any Encumbrance in breach of this Agreement;
(j) an execution levied on any of the assets of the Contractor has caused a Material
Adverse Effect;
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(k) the Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is
appointed for the Contractor or for the whole or material part of its assets that has a
material bearing on the Project;
(l) the Contractor has been, or is in the process of being liquidated, dissolved, wound-
up, amalgamated or reconstituted in a manner that would cause, in the reasonable
opinion of the Authority, a Material Adverse Effect;
(m) a resolution for winding up or insolvency of the Contractor is passed, or any
petition for winding up or insolvency of the Contractor is admitted by a court of
competent jurisdiction and a provisional liquidator or receiver or interim resolution
professional, as the case may be, is appointed and such order has not been set aside
within 90 (ninety) days of the date thereof or the Contractor is ordered to be
wound up by court except for the purpose of amalgamation or reconstruction;
provided that, as part of such amalgamation or reconstruction, the entire property,
assets and undertaking of the Contractor are transferred to the amalgamated or
reconstructed entity and that the amalgamated or reconstructed entity has
unconditionally assumed the obligations of the Contractor under this Agreement;
and provided that:
i. the amalgamated or reconstructed entity has the capability and experience
necessary for the performance of its obligations under this Agreement; and
ii. the amalgamated or reconstructed entity has the financial standing to perform
its obligations under this Agreement and has a credit worthiness at least as
good as that of the Contractor as at the Appointed Date;
(n) any representation or warranty of the Contractor herein contained which is, as of
the date hereof, found to be false or the Contractor is at any time hereafter found to
be in breach or non-compliance thereof;
(o) the Contractor submits to the Authority any statement, notice or other document, in
written or electronic form, which has a material effect on the Authority’s rights,
obligations or interests and which is false in material particulars;
(p) the Contractor has failed to fulfil any obligation, for which failure Termination has
been specified in this Agreement; or
(q) the Contractor commits a default in complying with any other provision of this
Agreement if such a default causes a Material Adverse Effect on the Project or on
the Authority.
(r) gives or offers to give (directly or indirectly) to any person any bribe, gift, gratuity,
commission or other thing of value, as an inducement or reward:
i. for doing or forbearing to do any action in relation to the Contract, or
ii. for showing or forbearing to show favour or disfavour to any person in relation
to the Contract,
or if any of the Contractor’s personnel, agents or subcontractors gives or offers to
give (directly or indirectly) to any person any such inducement or reward as is
described in this sub-paragraph (s). However, lawful
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inducements and rewards to Contractor’s Personnel shall not entitle
termination.
(ii) Without prejudice to any other rights or remedies which the Authority may have under this
Agreement, upon occurrence of a Contractor Default, the Authority shall be entitled to
terminate this Agreement by issuing a Termination Notice to the Contractor; provided that
before issuing the Termination Notice, the Authority shall by a notice inform the
Contractor of its intention to issue such Termination Notice and grant 15 (fifteen) days to
the Contractor to make a representation, and may after the expiry of such 15 (fifteen) days,
whether or not it is in receipt of such representation, issue the Termination Notice.
(iii) The following shall apply in respect of cure of any of the defaults and/ or breaches of the
Agreement:
(a) The Cure Period shall commence from the date of the notice by the Authority to
the Contractor asking the latter to cure the breach or default specified in such
notice;
(b) The Cure Period provided in the Agreement shall not relieve the Contractor from
liability for Damages caused by its breach or default;
(c) The Cure Period shall not in any way be extended by any period of suspension
under the Agreement;
(d) If the cure of any breach by the Contractor requires any reasonable action by the
Contractor that must be approved by the Authority hereunder the applicable Cure
Period (and any liability of the Contractor for damages incurred) shall be extended
by the period taken by the Authority to accord its required approval.
(iv) After termination of this Agreement for Contractor Default, the Authority may complete
the Works and/or arrange for any other entities to do so. The Authority and these entities
may then use any Materials, Plant and equipment, Contractor’s documents and other design
documents made by or on behalf of the Contractor.
23.2 Termination for Authority Default
(i) In the event that any of the defaults specified below shall have occurred, and the Authority
fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as
has been expressly provided in this Agreement, the Authority shall be deemed to be in
default of this Agreement (the “Authority Default”) unless the default has occurred as a
result of any breach of this Agreement by the Contractor or due to Force Majeure. The
defaults referred to herein shall include:
(a) the Authority commits a material default in complying with any of the provisions
of this Agreement and such default has a Material Adverse Effect on the
Contractor;
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(b) the Authority has failed to make payment of any amount due and payable to the
Contractor within the period specified in this Agreement;
(c) the Authority has failed to provide, within a period of 180 (one hundred and
eighty) days from the Appointed Date, the environmental clearances required for
construction of the Project Highway;
(d) the Authority becomes bankrupt or insolvent, goes into liquidation, has a receiving
or administration order made against him, compounds with its creditors, or carries
on business under a receiver, trustee or manager for the benefit of its creditors, or if
any act is done or event occurs which (under Applicable Laws) has a similar effect;
(e) the Authority repudiates this Agreement or otherwise takes any action that amounts
to or manifests an irrevocable intention not to be bound by this Agreement;
(f) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate
within 60 (sixty) days after receiving a statement and supporting documents; or
(g) the whole work is suspended by Authority beyond 120 (one hundred twenty) days
for any reason which is not attributed to the Contractor.
(ii) Without prejudice to any other right or remedy which the Contractor may have under this
Agreement, upon occurrence of an Authority Default, the Contractor shall be entitled to
terminate this Agreement by issuing a Termination Notice to the Authority; provided that
before issuing the Termination Notice, the Contractor shall by a notice inform the
Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the
Authority to make a representation, and may after the expiry of such 15 (fifteen) days,
whether or not it is in receipt of such representation, issue the Termination Notice.
If on the consideration of the Authority’s representation or otherwise, the contractor does
not issue the Termination Notice on such 15th (fifteenth) day and prefers to continue with
the project, it is deemed that the cause of action of the Termination Notice has been
condoned by the Contractor and hewould be deemed to have waived any claim and
forfeited any right to any other remedy on that count or in relation to such action or
omission.
23.3 Termination for Authority’s convenience
Notwithstanding anything stated hereinabove, the Authority may terminate this Agreement
for convenience. The termination shall take effect 30 (thirty) days from the date of notice
provided to the Contractor.
23.4 Requirements after Termination
Upon Termination of this Agreement in accordance with the terms of this Article 23, the
Contractor shall comply with and conform to the following:
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(a) deliver all relevant records, reports, Intellectual Property and other licences
pertaining to the Works, Maintenance, other design documents;
(b) transfer and/or deliver all Applicable Permits to the extent permissible under
Applicable Laws; and
(c) vacate the Site within 15 (fifteen) days.
23.5 Valuation of Unpaid Works
(i) Within a period of 45 (forty-five) days after Termination under Clause 23.1, 23.2 or 23.3,
as the case may be, has taken effect, the Authority’s Engineer shall proceed in accordance
with Clause 18.5 to determine as follows the valuation of unpaid Works (the “Valuation of
Unpaid Works”):
(a) value of the completed stage of the Works, less payments already made;
(b) reasonable value of the partially completed stages of works as on the date of
Termination, only if such works conform with the Specifications and Standards;
and
(c) value of Maintenance, if any, for completed months, less payments already made,
and shall adjust from the sum thereof (i) any other amounts payable or recoverable,
as the case may be, in accordance with the provisions of this Agreement; and (ii)
all taxes due to be deducted at source.
(ii) The Valuation of Unpaid Works shall be communicated to the Authority, with a copy to
the Contractor, within a period of 30 (thirty) days from the date of Termination.
23.6 Termination Payment
(i) Upon Termination on account of Contractor’s Default under Clause 23.1, the Authority
shall:
(a) encash and appropriate the Performance Security, Additional Performance Security
if any and Retention Money, or in the event the Contractor has failed to replenish
or extend the Performance Security and Additional Performance Security if any,
claim the amount stipulated in Clause 7.1, as agreed pre- determined compensation
to the Authority for any losses, delays and cost of completing the Works and
Maintenance, if any;
(b) encash and appropriate the Bank Guarantee, if any, for and in respect of the
outstanding Advance Payment and interest thereon; and
(c) pay to the Contractor, by way of Termination Payment, an amount equivalent to
the Valuation of Unpaid Works after adjusting any other sums payable or
recoverable, as the case may be, in accordance with the provisions of this
Agreement.
(ii) Upon Termination on account of an Authority Default under Clause 23.2 or for Authority’s
convenience under Clause 23.3, the Authority shall:
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(a) return the Performance Security, Additional Performance Security and
Retention Money forthwith;
(b) encash and appropriate the bank guarantee, if any, for and in respect of the
outstanding Advance Payment; and
(c) pay to the Contractor, by way of Termination Payment, an amount equal to:
i. Valuation of Unpaid Works;
ii. the reasonable cost of temporary works, as determined by the Authority’s
Engineer; and
iii. 10% (ten per cent) of the cost of the Works and Maintenance that are not
commenced or not completed,
and shall adjust from the sum thereof (i) any other amounts payable or recoverable,
as the case may be, in accordance with the provisions of this Agreement, and (ii)
all taxes due to be deducted at source.
(iii) Termination Payment shall become due and payable to the Contractor within 30 (thirty)
days of a demand being made by the Contractor to the Authority with the necessary
particulars, and in the event of any delay, the Authority shall pay interest at Bank Rate +
3% per annum, on the amount of Termination Payment remaining unpaid; provided that
such delay shall not exceed 90 (ninety) days. For the avoidance of doubt, it is expressly
agreed that Termination Payment shall constitute full discharge by the Authority of its
payment obligations in respect thereof hereunder.
(iv) The Contractor expressly agrees that Termination Payment under this Article 23 shall
constitute a full and final settlement of all claims of the Contractor on account of
Termination of this Agreement and that it shall not have any further right or claim under
any law, treaty, convention, contract or otherwise.
23.7 Other rights and obligations of the Parties
Upon Termination for any reason whatsoever:
(a) property and ownership in all Materials, Plant and Works and the Project Highway
shall, as between the Contractor and the Authority, vest in the Authority in whole;
provided that the foregoing shall be without prejudice to Clause 23.6;
(b) risk of loss or damage to any Materials, Plant or Works and the care and custody
thereof shall pass from the Contractor to the Authority; and
(c) the Authority shall be entitled to restrain the Contractor and any person claiming
through or under the Agreement from entering upon the Site or any part of the
Project, which have not been vested in theAuthority in accordance with the
provisions of this Agreement.
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23.8 Survival of rights
Notwithstanding anything to the contrary contained in this Agreement any
Termination pursuant to the provisions of this Agreement shall be without prejudice to
the accrued rights of either Party including its right to claim and recover money
damages, insurance proceeds, security deposits, and other rights and remedies,which it
may have in law or Agreement. All rights and obligations of either Party under this
Agreement, including Termination Payments, shall survive the Termination to the
extent such survival is necessary for giving effect to such rights and obligations.
23.9 Foreclosure with mutual consent
(i) Without prejudice to any provision of this Agreement, the Authority and Contractor
may foreclose this Agreement by mutual consent in circumstances which does not
constitute either party’s default without any liability or consequential future liability
for either party.
(ii) Should a Party intend to foreclose this Agreement by mutual consent, the intending
Party shall issue a notice to the other Party and upon issuance of such notice, the other
Party may within 15 days from receipt of such notice either agree to such foreclosure
or raise objection(s) to the same by intimating either of the two possible positions to
the intending Party in writing.
(iii) In either case of the other Party agreeing to the proposed foreclosure or otherwise, the
Parties may negotiate the proposed foreclosure and sign a Supplementary Agreement
for foreclosure to the main Contract Agreement within 30 (thirty) days of the date
agreeing by both Parties. Foreclosure shall not come into effect unless and otherwise
Supplementary Agreement is signed.
(iv) Any attempt or endeavor for foreclosure by mutual agreement shall be without
prejudice to the rights and obligations of the Parties herein and the factum of such an
attempt or exercise shall not stop either of the Parties from discharging their
contractual obligations under this Agreement.
(v) For the avoidance of doubt, it is clarified that such foreclosure will be without
prejudice to the Contractor and shall not affect the Contractor in any way if it wishes to
bid in future projects of the Authority.
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Part VI
Other Provisions
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Article 24
Assignment and Charges
24.1 Restrictions on assignment and charges
This Agreement shall not be assigned by the Contractor to any person, save and
except with the prior consent in writing of the Authority, which consent the Authority
shall be entitled to decline without assigning any reason.
24.2 Hypothecation of Materials or Plant
Notwithstanding the provisions of Clause 24.1, the Contractor may pledge or
hypothecate to its lenders, any Materials or Plant prior to their incorporation in the
Works. Further, the Contractor may, by written notice to the Authority, assign its right
to receive payments under this Agreement either absolutely or by way of charge, to
any person providing financing to the Contractor in connection with the performance
of the Contractor’s obligations under this Agreement. The Contractor acknowledges
that any such assignment by the Contractor shall not relieve the Contractor from any
obligations, duty or responsibility under this Agreement.
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Article 25
Liability and Indemnity
25.1 General indemnity
(i) The Contractor will indemnify, defend, save and hold harmless the Authority and its officers,
servants, agents, Government Instrumentalities and Government owned and/or controlled
entities/enterprises, (the “Authority Indemnified Persons”) against any and all suits,
proceedings, actions, demands and third party claims for any loss, damage, cost and
expense of whatever kind and nature, whether arising out of any breach by the Contractor
of any of its obligations under this Agreement or from any negligence under the
Agreement, including any errors or deficiencies in the design documents, or tort or on any
other ground whatsoever, except to the extent that any such suits, proceedings, actions,
demands and claims have arisen due to any negligent act or omission, or breach or default
of this Agreement on the part of the Authority Indemnified Persons.
25.2 Indemnity by the Contractor
(i) Without limiting the generality of Clause 25.1, the Contractor shall fully indemnify, hold
harmless and defend the Authority and the Authority Indemnified Persons from and against
any and all loss and/or damages arising out of or with respect to:
(a) failure of the Contractor to comply with Applicable Laws and Applicable Permits;
(b) payment of taxes required to be made by the Contractor in respect of the income or
other taxes of the Sub-contractors, suppliers and representatives; or
(c) non-payment of amounts due because of Materials or services furnished to the
Contractor or any of its Sub-contractors which are payable by the Contractor or
any of its Sub-contractors.
(ii) Without limiting the generality of the provisions of this Article 25, the Contractor shall
fully indemnify, hold harmless and defend the Authority Indemnified Persons from and
against any and all suits, proceedings, actions, claims, demands, liabilities and damages
which the Authority Indemnified Persons may hereafter suffer, or pay by reason of any
demands, claims, suits or proceedings arising out of claims of infringement of any
domestic or foreign patent rights, copyrights or other intellectual property, proprietary or
confidentiality rights with respect to any materials, information, design or process used by
the Contractor or by the Sub-contractors in performing the Contractor’s obligations or in
any way incorporated in or related to the Project. If in any such suit, action, claim or
proceedings, a temporary restraint order or preliminary injunction is granted, the
Contractor shall make every reasonable effort, by giving a satisfactory bond or otherwise,
to secure the revocation
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or suspension of the injunction or restraint order. If, in any such suit, action, claim or
proceedings, the Project Highway, or any part thereof or comprised therein, is held to
constitute an infringement and its use is permanently enjoined, the Contractor shall
promptly make every reasonable effort to secure for the Authority a licence, at no cost to
the Authority, authorising continued use of the infringing work. If the Contractor is unable
to secure such licence within a reasonable time, the Contractor shall, at its own expense,
and without impairing the Specifications and Standards, either replace the affected work, or
part, or process thereof with non-infringing work or part or process or modify the same so
that it becomes non-infringing.
25.3 Notice and contest of claims
In the event that either Party receives a claim or demand from a third party in respect of
which it is entitled to the benefit of an indemnity under this Article 25 (the “Indemnified
Party”) it shall notify the other Party (the “Indemnifying Party”) within 15 (fifteen) days
of receipt of the claim or demand and shall not settle or pay the claim without the prior
approval of the Indemnifying Party, which approval shall not be unreasonably withheld or
delayed. If the Indemnifying Party wishes to contest or dispute the claim or demand, it may
conduct the proceedings in the name of the Indemnified Party, subject to the Indemnified
Party being secured against any costs involved, to its reasonable satisfaction.
25.4 Defence of claims
(i) The Indemnified Party shall have the right, but not the obligation, to contest, defend and
litigate any claim, action, suit or proceeding by any third party alleged or asserted against
such Party in respect of, resulting from, related to or arising out of any matter for which it is
entitled to be indemnified hereunder, and reasonable costs and expenses thereof shall be
indemnified by the Indemnifying Party. If the Indemnifying Party acknowledges in writing
its obligation to indemnify the Indemnified Party in respect of loss to the full extent
provided by this Article 25, the Indemnifying Party shall be entitled, at its option, to
assume and control the defence of such claim, action, suit or proceeding, liabilities,
payments and obligations at its expense and through the counsel of its choice; provided it
gives prompt notice of its intention to do so to the Indemnified Party and reimburses the
Indemnified Party for the reasonable cost and expenses incurred by the Indemnified Party
prior to the assumption by the Indemnifying Party of such defence. The Indemnifying Party
shall not be entitled to settle or compromise any claim, demand, action, suit or proceeding
without the prior written consent of the Indemnified Party, unless the Indemnifying Party
provides such security to the Indemnified Party as shall be reasonably required by the
Indemnified Party to secure the loss to be indemnified hereunder to the extent so
compromised or settled.
(ii) If the Indemnifying Party has exercised its rights under Clause 25.3, the Indemnified Party
shall not be entitled to settle or compromise any claim, action, suit or proceeding without
the prior written consent of the Indemnifying Party (which consent shall not be
unreasonably withheld or delayed).
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(iii) If the Indemnifying Party exercises its rights under Clause 25.3, the Indemnified Party
shall nevertheless have the right to employ its own counsel, and such counsel may
participate in such action, but the fees and expenses of such counsel shall be at the
expense of the Indemnified Party, when and as incurred, unless:
(a) the employment of counsel by such party has been authorised in writing by the
Indemnifying Party; or
(b) the Indemnified Party shall have reasonably concluded that there may be a
conflict of interest between the Indemnifying Party and the Indemnified Party
in the conduct of the defence of such action; or
(c) the Indemnifying Party shall not, in fact, have employed independent counsel
reasonably satisfactory to the Indemnified Party, to assume the defence of such
action and shall have been so notified by the Indemnified Party; or
(d) the Indemnified Party shall have reasonably concluded and specifically notified
the Indemnifying Party either:
i. that there may be specific defences available to it which are different
from or additional to those available to the Indemnifying Party; or
ii. that such claim, action, suit or proceeding involves or could have a
material adverse effect upon it beyond the scope of this Agreement:
Provided that if Sub-clauses (b), (c) or (d) of this Clause 25.4 (iii) shall be applicable,
the counsel for the Indemnified Party shall have the right to direct the defence of such
claim, demand, action, suit or proceeding on behalf of the Indemnified Party, and the
reasonable fees and disbursements of such counsel shall constitute legal or other
expenses hereunder.
25.5 Survival on Termination
The provisions of this Article 25 shall survive Termination.
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Article 26
Dispute Resolution
26.1 Dispute Resolution
(i) Any dispute, difference or controversy of whatever nature howsoever arising under or
out of or in relation to this Agreement (including its interpretation) between the
Parties, and so notified in writing by either Party to the other Party (the “Dispute”)
shall, in the first instance, be attempted to be resolved amicably in accordance with the
conciliation procedure set forth in Clause 26.2.
(ii) The Parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.
26.2 Conciliation
In the event of any Dispute between the Parties, either Party may call upon the
Authority’s Engineer, or such other person as the Parties may mutually agree upon (the
“Conciliator”) to mediate and assist the Parties in arriving at an amicable settlement
thereof. Failing mediation by the Conciliator or without the intervention of the
Conciliator, either Party may require such Dispute to be referred to the Chairman of
the Authority and the Chairman of the Board of Directors of the Contractor for
amicable settlement, and upon such reference, the said persons shall meet no later than
7 (seven) business days from the date of reference to discuss and attempt to amicably
resolve the Dispute. If such meeting does not take place within the 30 (thirty) business
day period or the Dispute is not amicably settled within 30 (thirty) days of the meeting
or the Dispute is not resolved as evidenced by the signing of written terms of
settlement within 30 (thirty) days of the notice in writing referred to in Clause 26.1.1
or such longer period as may be mutually agreed by the Parties, either Party may refer
the Dispute to arbitration in accordance with the provisions of Clause 26.3 but before
resorting to such arbitration, the parties agree to explore conciliation by the
Conciliation Committees of Independent Experts set up by the Authority in accordance
with the procedure decided by the panel of such experts and notified by the Authority
on its website including its subsequent amendments. In the event of the conciliation
proceedings being successful, the parties to the dispute would sign the written
settlement agreement and the conciliators would authenticate the same. Such
settlement agreement would then be binding on the parties in terms of Section 73 of the
Arbitration Act. In case of failure of the conciliation process even at the level of the
Conciliation Committee, either party may refer the Dispute to arbitration in accordance
with the provisions of Clause 26.3.
26.3 Arbitration
(i) Any Dispute which Is not resolved amicably by conciliation, as provided in Clause
26.2, shall be finally settled by arbitration in accordance with the rules of arbitration
of the Society For Affordable Redressal Offilsputes(SAROD),
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(ii) The parties expressly agree as under In case of arbitration of disputes:
(a) There shall be no arbitration for a dispute involving a claim value upto !NR
50 Lakh [INR fifty lakh). The Authority's Engineer shall give a reasoned
decision in case of such dispute and the same shall be binding on both the
parties,
(b) In case of a dispute involving claim value of above INR 50 Lakh [INR fifty
Lakh), but upto INR 50 Crore (INR fifty crore), the same shall be referred to a
Sole Arbitrator. Authority shall within 30 (thirty} days propose names of 5
[five) Arbitrators from the list of Arbitrators maintained by SAROD [Society
for Affordable Redressal of Disputes) and the Contractor shall within 30
(thirty) days select one name from the list of five and the name so selected by
the Contractor. shall be the Sole Arbitrator for the matter in dispute. In case
Authority delays in providing the list of 5 (five) names, President, SAROD will
provide 5 names within 30 (thirty) days of receipt of reference from aggrieved
party in this regard. In case the Contractor fail sin selecting one from the list
of five, President, SAROD shall .select one from the list of five provided by
Authority within 30 (thirty) days of receipt of reference from aggrieved party
In this regard.
(c) In case of a dispute involving a claim value of more than INR 50 Crore [INR
fifty crore), the same 􀕷hall be referred to an Arbitral Tribunal comprising 3
[three) Arbitrators. The Dispute shall be settled in accordance with the rules
of Arbitration of the Society for Affordable Redressal of Disputes (SAROD).
(d) The venue of arbitration shall be Lucknow, and the language of arbitration
proceedings shall be English.
(e) The fees of the Arbitrators shall be as per the rates fixed by the Authority from
time to time. The cost of arbitration shall be shared equally by the parties.
(f) Neither Party shall he entitled for any pre-reference or pendent lite interest,
i.e., Interest from date of cause of action till date of Award by Arbitral
Tribunal. The parties specifically agree that claim for any such interest shall
not be considered and shall be void. The Arbitrator or Arbitral Tribunal shall
have no power/ jurisdiction to award pre-reference or pendent lite Interest in
case of disputes.
(iii) The Arbitral Tribunal shall make a reasoned award (the “Award”). Any Award made
in any arbitration held pursuant to this Article 26 shall be final and binding on the
Parties as from the date it is made, and the Contractor and the Authority agree and
undertake to carry out such Award without delay.
(iv) The Contractor and the Authority agree that an Award may be enforced against the
Contractor and/or the Authority, as the case may be, and their respective assets
wherever situated.
(v) This Agreement and the rights and obligations of the Parties shall remain in full force
and effect, pending the Award in any arbitration proceedings hereunder. Further, the
parties unconditionally acknowledge and agree that notwithstanding any dispute
between them, each Party shall proceed with the performance of its respective
obligations, pending resolution of Dispute in accordance with this Article.
(vi) In the event the Party against whom the Award has been granted challenges the Award
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for any reason in a court of law, it shall make an interim payment to the other Party for
an amount equal to 75% (seventy five per cent) of the Award, pending final settlement
of the Dispute. The aforesaid amount shall be paid forthwith upon furnishing an
irrevocable Bank Guarantee for a sum equal to 120 % (one hundred and twenty per
cent) of the aforesaid amount. Upon final settlement of the Dispute, the aforesaid
interim payment shall be adjusted and any balance amount due to be paid or returned,
as the case may be, shall be paid or returned with interest calculated at the rate of 10%
(ten per cent) per annum from the date of interim payment to the date of final
settlement of such balance.
26.4 Adjudication by Regulatory Authority, Tribunal or Commission
In the event of constitution of a statutory regulatory authority, tribunal or commission,
as the case may be, with powers to adjudicate upon disputes between the Contractor
and the Authority, all Disputes arising after such constitution shall, instead of
reference to arbitration under Clause 26.3, be adjudicated upon by such regulatory
authority, tribunal or commission in accordance with the Applicable Law and all
references to Dispute Resolution Procedure shall be construed accordingly. For the
avoidance of doubt, the Parties hereto agree that the adjudication hereunder shall not
be final and binding until an appeal against such adjudication has been decided by an
appellate tribunal or court of competent jurisdiction, as the case may be, or no such
appeal has been preferred within the time specified in the Applicable Law.
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Article 27
Miscellaneous
27.1 Governing law and jurisdiction
This Agreement shall be construed and interpreted in accordance with and governed by the
laws of India, and the courts at [Lucknow] shall have exclusive jurisdiction over matters
arising out of or relating to this Agreement.
27.2 Waiver of immunity
Each Party unconditionally and irrevocably:
(a) agrees that the execution, delivery and performance by it of this Agreement
constitute commercial acts done and performed for commercial purpose;
(b) agrees that, should any proceedings be brought against it or its assets, property or
revenues in any jurisdiction in relation to this Agreement or any transaction
contemplated by this Agreement, no immunity (whether by reason of sovereignty or
otherwise) from such proceedings shall be claimed by or on behalf of the Party
with respect to its assets;
(c) waives any right of immunity which it or its assets, property or revenues now has,
may acquire in the future or which may be attributed to it in any jurisdiction; and
(d) consents generally in respect of the enforcement of any judgement or award against
it in any such proceedings to the giving of any relief or the issue of any process in
any jurisdiction in connection with such proceedings (including the making,
enforcement or execution against it or in respect of any assets, property or revenues
whatsoever irrespective of their use or intended use of any order or judgement that
may be made or given in connection therewith).
27.3 Delayed payments
The Parties hereto agree that payments due from one Party to the other Party under the
provisions of this Agreement shall be made within the period set forth therein, and if no
such period is specified, within 30 (thirty) days of receiving a demand along with the
necessary particulars. In the event of delay beyond such period, the defaulting Party shall
pay interest for the period of delay calculated at a rate equal to Base Rate plus 2 (two)
percent, calculated at quarterly rests, and recovery thereof shall be without prejudice to the
rights of the Parties under this Agreement including Termination thereof.
27.4 Waiver
(i) Waiver, including partial or conditional waiver, by either Party of any default by the other
Party in the observance and performance of any provision of or obligations under this
Agreement: -
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(a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this Agreement;
(b) shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and
(c) shall not affect the validity or enforceability of this Agreement in any manner.
(ii) Neither the failure by either Party to insist on any occasion upon the performance of the
terms, conditions and provisions of this Agreement or any obligation thereunder nor time
or other indulgence granted by a Party to the other Party shall be treated or deemed as
waiver of such breach or acceptance of any variation or the relinquishment of any such
right hereunder.
27.5 Liability for review of Documents and Drawings
Except to the extent expressly provided in this Agreement:
(a) no review, comment or approval by the Authority or the Authority’s Engineer of
any Document or Drawing submitted by the Contractor nor any observation or
inspection of the construction, or maintenance of the Project Highway nor the
failure to review, approve, comment, observe or inspect hereunder shall relieve or
absolve the Contractor from its obligations, duties and liabilities under this
Agreement, the Applicable Laws and Applicable Permits; and
(b) the Authority shall not be liable to the Contractor by reason of any review,
comment, approval, observation or inspection referred to in Sub-clause (a) above.
27.6 Exclusion of implied warranties etc.
This Agreement expressly excludes any warranty, condition or other undertaking implied at
law or by custom or otherwise arising out of any other agreement between the Parties or
any representation by either Party not contained in a binding legal agreement executed by
both Parties.
27.7 Survival
(i) Termination shall:
(a) not relieve the Contractor or the Authority, as the case may be, of any obligations
hereunder which expressly or by implication survive Termination hereof; and
(b) except as otherwise provided in any provision of this Agreement expressly limiting
the liability of either Party, not relieve either Party of any obligations or liabilities
for loss or damage to the other Party arising out of, or caused by, acts or omissions
of such Party prior to the effectiveness of such Termination or arising out of such
Termination.
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(ii) All obligations surviving Termination shall only survive for a period of 3 (three) years
following the date of such Termination.
27.8 Entire Agreement
This Agreement and the Schedules together constitute a complete and exclusive statement
of the terms of the agreement between the Parties on the subject hereof, and no amendment
or modification hereto shall be valid and effective unless such modification or amendment
is agreed to in writing by the Parties and duly executed by persons especially empowered in
this behalf by the respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Agreement are abrogated and withdrawn.
For the avoidance of doubt, the Parties hereto agree that any obligations of the Contractor
arising from the Request for Qualification or Request for Proposals, as the case may be,
shall be deemed to form part of this Agreement and treated as such.
27.9 Severability
If for any reason whatever, any provision of this Agreement is or becomes invalid, illegal
or unenforceable or is declared by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability
of the remaining provisions shall not be affected in any manner, and the Parties will
negotiate in good faith with a view to agreeing to one or more provisions which may be
substituted for such invalid, unenforceable or illegal provisions, as nearly as is practicable
to such invalid, illegal or unenforceable provision. Failure to agree upon any such
provisions shall not be subject to the Dispute Resolution Procedure set forth under this
Agreement or otherwise.
27.10 No partnership
This Agreement shall not be interpreted or construed to create an association, joint venture
or partnership between the Parties, or to impose any partnership obligation or liability upon
either Party, and neither Party shall have any right, power or authority to enter into any
agreement or undertaking for, or act on behalf of, or to act as or be an agent or
representative of, or to otherwise bind, the other Party.
27.11 Third parties
This Agreement is intended solely for the benefit of the Parties and their respective
successors and permitted assigns, and nothing in this Agreement shall be construed to
create any duty to, standard of care with reference to, or any liability to, any person not a
Party to this Agreement.
27.12 Successors and assigns
This Agreement shall be binding upon, and inure to the benefit of the Parties and their
respective successors and permitted assigns.
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27.13 Notices
Any notice or other communication to be given by any Party to the other Party under or in
connection with the matters contemplated by this Agreement shall be in writing and shall:
(a) in the case of the Contractor, be given by facsimile or e-mail and by letter
delivered by hand to the address given and marked for attention of the person set
out below or to such other person as the Contractor may from time to time
designate by notice to the Authority; provided that notices or other
communications to be given to an address outside [Lucknow/Ghaziabad] may, if
they are subsequently confirmed by sending a copy thereof by registered
acknowledgement due, air mail or by courier, be sent by facsimile or e-mail to the
person as the Contractor may from time to time designate by notice to the
Authority;
[***]
(b) in the case of the Authority, be given by facsimile or e-mail and by letter delivered
by hand and be addressed to the [Chairman] of the Authority with a copy delivered
to the Authority Representative or such other person as the Authority may from
time to time designate by notice to the Contractor; provided that if the Contractor
does not have an office in [Lucknow/Ghaziabad] it may send such notice by
facsimile or e-mail and by registered acknowledgement due, air mail or by courier;
and
(c) any notice or communication by a Party to the other Party, given in accordance
herewith, shall be deemed to have been delivered when in the normal course of
post it ought to have been delivered and in all other cases, it shall be deemed to
have been delivered on the actual date and time of delivery; provided that in the
case of facsimile or e- mail, it shall be deemed to have been delivered on the
working day following the date of its delivery.
27.14 Language
All notices required to be given by one Party to the other Party and all other
communications, Documentation and proceedings which are in any way relevant to this
Agreement shall be in writing and in English language.
27.15 Counterparts
This Agreement may be executed in two counterparts, each of which, when executed and
delivered, shall constitute an original of this Agreement.
27.16 Confidentiality
The Parties shall treat the details of this Agreement as private and confidential, except to
the extent necessary to carry out obligations under it or to comply with Applicable Laws.
The Contractor shall not publish, permit to be published, or disclose any
141
particulars of the Works in any trade or technical paper or elsewhere without the previous
agreement of the Authority.
27.17 Copyright and Intellectual Property rights
(i) As between the Parties, the Contractor shall retain the copyright and other Intellectual
Property rights in the Contractor's documents and other design documents made by (or on
behalf of) the Contractor. The Contractor shall be deemed (by signing this Agreement) to
give to the Authority a non-terminable transferable non-exclusive royalty-free licence to
copy, use and communicate the Contractor's documents, including making and using
modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is longer) of the
relevant parts of the Works;
(b) entitle any person in proper possession of the relevant part of the Works to copy,
use and communicate the Contractor's documents for the purposes of completing,
operating, maintaining, altering, adjusting, repairing and demolishing the Works;
and
(c) in the case of Contractor's documents which are in the form of computer programs
and other software, permit their use on any computer on the Site and other places
as envisaged by this Agreement, including replacements of any computers supplied
by the Contractor.
(ii) The Contractor's documents and other design documents made by (or on behalf of) the
Contractor shall not, without the Contractor's consent, be used, copied or communicated to
a third party by (or on behalf of) the Authority for purposes other than those permitted
under this Clause 27.17.
(iii) As between the Parties, the Authority shall retain the copyright and other intellectual
property rights in this Agreement and other documents made by (or on behalf of) the
Authority. The Contractor may, at its cost, copy, use, and obtain communication of these
documents for the purposes of this Agreement. They shall not, without the Authority's
consent, be copied, used or communicated to a third party by the Contractor, except as
necessary for the purposes of the contract.
27.18 Limitation of Liability
(i) Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit,
loss of any contract or for any indirect or consequential loss or damage which may be
suffered by the other Party in connection with this Agreement, save and except as provided
under Articles 23 and 25.
(ii) The total liability of one Party to the other Party under and in accordance with the
provisions of this Agreement, save and except as provided in Articles 23 and 25, shall not
exceed the Contract Price. For the avoidance of doubt, this Clause shall not limit the
liability in any case of fraud, deliberate default or reckless misconduct by the defaulting
Party.
142
27.19 Care and Supply of Documents
(i) Each of the Contractor’s documents shall be in the custody and care of the Contractor,
unless and until taken over by the Authority. Unless otherwise stated in the Agreement, the
Contractor shall supply to the Authority 2 (two) copies of the each of the Contractor’s
documents.
(ii) The Contractor shall keep, on the Site, a copy of the Agreement, publication named in the
Authority’s requirements, the Contractor’s documents, and variations and other
communications given under the Agreement. The Authority’s personnel shall have the right
of access to all these documents at all reasonable times.
(iii) If a Party becomes aware of an error or defect of a technical nature in a document which
was prepared for use in executing the Works, the Party shall promptly give notice to the
other party of such error or defect.
27.20 Authority’s Use of Contractor’s Documents.
(i) As between the Parties, the Contractor shall retain the copyright and other Intellectual
Property rights in the Contractor’s Documents and other design documents made by (or on
behalf of) the Contractor.
(ii) The Contractor hereby gives to the Authority a non-terminable transferable nonexclusive
royalty-free license to copy, use and communicate the Contractor’s Documents, including
making and using modifications of them. This license shall:
(a) apply through out the actual or intended working life (whichever is longer) of the
relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the Works to copy,
use and communicate the Contractor’s Documents for the purposes of completing,
operating, maintaining, altering, adjusting, repairing and demolishing the Works,
and
(c) in the case of Contractor’s Documents which are in the form of computer
programs and other software, permit their use on any computer on the Site and
other places as envisaged by the Contractor, including replacements of any
computers supplied by the Contractor.
(iii) The Contractor’s Documents and other design documents made by or on behalf of the
Contractor shall not, without the Contractor’s consent, be used, copied or communicated to
a third party by (or on behalf of) the Authority for purposes other than those permitted
under this Sub-Clause.
27.21 Contractor’s Use of Authority’s Documents
As between the Parties, the Authority shall retain the copyright and other intellectual
property rights in the Authority’s requirements and other Documents made by (or on behalf
of) the Authority. The Contractor may, at its cost copy, use, and obtain communication of
these documents for the purpose of the Agreement. They shall not
143
without the Authority’s consent, be copied, used or communicating to a third party by
the Contractor, except as necessary for the purposes of the Agreement.
27.22 Access to the Site by Others
The Contractor shall, at all times, afford access to the Site to the authorized
representatives of the Authority, the Authority’s Engineer and anyone else authorized
by the Authority to access the site and to the persons duly authorized by any
Governmental Agency having jurisdiction over the Project, including those concerned
with safety, security or environmental protection to inspect the Project Highway and to
investigate any matter within their authority and upon reasonable notice, the
Contractor shall provide to such persons reasonable assistance necessary to carry out
their respective duties and functions with minimum disruption to the construction,
operation and maintenance of the Project Highway consistent with the purpose for
which such persons have gained such access to the Site.
27.23 Term
This Agreement shall come into force and effect from the date first hereinabove
written and shall remain in force and effect till the Termination Date i.e. the Parties
perform all their respective obligations or is terminated by any of the Parties for the
reasons and in the manner provided for in the Agreement.
27.24 Amendments
The Agreement may not be supplemented, amended, modified or changed except by
an instrument in writing signed by the Contractor and the Authority and expressed to
be a supplement, modification or change to the Agreement.
27.25 Representation and Bribes
The Contractor represents and warrants to the Authority that:
(a) No representation or warranty by the Contractor contained herein or in any
other document furnished by it to the Authority, or to any Governmental
Instrumentality in relation to Applicable Permits contains or will contain any
untrue statement of material fact or omits or will omit to state a material fact
necessary to make such representation or warranty not misleading; and
(b) It warrants that no sums, in cash or kind, have been paid or will be paid by or
on behalf of the Contractor, to any person by way of fees, commission or
otherwise for securing or entering into the Contractor for influencing or
attempting to influence any officer or employee of the Authority or GOI in
connection therewith.
27.26 No Agency
The Agreement does not constitute either Party as the agent, partner or legal
representative of the other for any purposes whatsoever, and neither Party shall have
any express or implied right or authority to assume or to create any obligation or
responsibility on behalf of or in the name of the other Party.
144
Schedules
145
Schedule-A
146
Schedule-A
(See Clauses 2.1and 8.1)
Site of the Project
1 The Site
(i) Site of the Construction of 6 Lane Elevated corridor from Mayur Vihar Flyover, Delhi
(Near Chilla Regulator) to MP-3 Road, Noida (Mahamaya Flyover) along Shahdra Drain
in Distt-Gautam Buddha Nagar, U.P. The Project shall include the land, buildings,
structures, and road works as described in Annex-I of this Schedule-A.
(ii) The dates of handing over the Right of Way to the Contractor are specified in Annex II
of this Schedule-A.
(iii) An inventory of the Site including the land, buildings, structures, road works, trees, and
any other immovable property on, or attached to the Site, shall be prepared jointly by the
Authority Representative and the Contractor, and such inventory shall form part of the
memorandum referred to in Clause 8.2 (i) of this Agreement.
(iv) The alignment plans and profile of the Project are appended in Annex III.
(v) The proposed profile of the Project Highways shall be followed by the contractor with
minimum FRL as indicated in the alignment plan. The Contractor, however,
improved/upgraded the Road Profile as indicated in Annex-III based on site/design
requirements.
(vi) The status of the environment clearances obtained or awaited is given in Annex-IV.
147
Annex – I
(Schedule-A)
Site
1. Site
The Site of the Construction of 6 Lane Elevated corridor from Mayur Vihar Flyover, Delhi
(Near Chilla Regulator) to MP-3 Road, Noida (Mahamaya Flyover) along Shahdra Drain
in Distt Gautam Buddha Nagar, U.P. in the State of Uttar Pradesh. The land, carriageway,
and structures comprising the Site are described below.
Site location
1. Alignment is to be kept as per the plan & profile as appended in Schedule A., The
alignment of the Elevated road is along the Shahdra Drain on the Right bank. The
minimum Vertical Clearance will be kept at 7.5 M from the top of the road level on the
right bank as per conditions of the Delhi Flood Control department (Letter no EE/CD-
III/DB/T-01/2018-19/3883 dt 4.12.2018 enclosed).
2. The connectivity of Elevated Road will be at Mayur Vihar flyover Delhi as per Drawing
(Letter no F.1 (303)2018/UTTIPEC/D-301 dt 04.10.2019 Letter and drawing enclosed).
3. There is an existing GAIL Pipeline laid along the alignment of the Elevated road. The
work is to be executed as per the approval of GAIL (Letter No.
148
Gail/JLPL/868/ROU/2018-19/09 dt. 17.07.2019 is enclosed).
It will be the responsibility of the contractor/Bidder to ensure the safety of the
GAIL gas pipeline in the alignment. Protection work wherever required to safeguard the
pipeline should be done as per the site condition and terms and conditions of NOC of
GAIL.
4. NCRTC line is crossing at Mayur Vihar flyover. The level of the elevated road will be
kept as per the minutes of the meeting of NCRTC dated 25.06.2019 Letter is enclosed.
5. The road top level, vertical and horizontal clearance at the obligatory span, Elevated Road
length, and ramp length are the minimum specified, any change, in the above due to site
constraints or contractor's design or requirement shall not constitute a change of scope.
The span arrangements & type of superstructure can be modified with the prior approval
of the authority's Engineer/Authority.
6. UPSBC has already executed 584 piles and 9 Pile Caps as per GAD/Plan & Profile
drawing as appended herewith in the project at various locations whose details are
mentioned below. The executed work has to be taken into consideration in the design and
the bidder should bid for the cost of balance work.
List of pile and pile cap Executed by UPSBC
A. Detail of Pile Cap
S No. Description Executed Pile Cap ID
Pile Cap
1 Main Carriage Way Center Pier CP68, CP70, CP71, CP72,
CP1 to CP85 9 CP74, CP75, CP80, CP81,
CP82
149
B. Detail of Pile Executed
B-1 Main Carriage Way CP-1 to CP-85
Viaduct RHS Viaduct LHS
Executed Piles Executed Piles
S. No. Group S. No. Group
No ID No ID
1 CP19 9 1,2,3,4,5,6,7,8,9 1 CP51 8 1,2,3,4,5,6,7,8
2 CP22 9 1,2,3,4,5,6,7,8,9 2 CP52 8 1,2,3,4,5,6,7,8
3 CP23 9 1,2,3,4,5,6,7,8,9 3 CP53 8 1,2,3,4,5,6,7,8
4 CP24 9 1,2,3,4,5,6,7,8,9 4 CP54 8 1,2,3,4,5,6,7,8
5 CP26 8 1,2,3,4,5,6,7,8 5 CP55 8 1,2,3,4,5,6,7,8
6 CP27 8 1,2,3,4,5,6,7,8 6 CP56 8 1,2,3,4,5,6,7,8
7 CP28 8 1,2,3,4,5,6,7,8 7 CP57 8 1,2,3,4,5,6,7,8
8 CP29 4 3,5,6,8 8 CP61 8 1,2,3,4,5,6,7,8
9 CP30 8 1,2,3,4,5,6,7,8 9 CP62 8 1,2,3,4,5,6,7,8
10 CP31 8 1,2,3,4,5,6,7,8 10 CP67 9 1,2,3,4,5,6,7,8,9
11 CP32 8 1,2,3,4,5,6,7,8 11 CP68 9 1,2,3,4,5,6,7,8,9
12 CP33 2 5,8 12 CP70 9 1,2,3,4,5,6,7,8,9
13 CP34 8 1,2,3,4,5,6,7,8 13 CP71 9 1,2,3,4,5,6,7,8,9
14 CP35 8 1,2,3,4,5,6,7,8 14 CP72 9 1,2,3,4,5,6,7,8,9
15 CP36 5 2,3,5,7,8 15 CP73 8 1,2,3,4,5,6,7,8
16 CP38 8 1,2,3,4,5,6,7,9 16 CP74 8 1,2,3,4,5,6,7,8
17 CP39 7 1,2,3,4,6,8,9 17 CP75 9 1,2,3,4,5,6,7,8,9
18 CP40 2 1,3 18 CP76 8 1,2,3,4,5,6,7,8
19 CP77 8 1,2,3,4,5,6,7,8
20 CP80 8 1,2,3,4,5,6,7,8
21 CP81 8 1,2,3,4,5,6,7,8
22 CP82 8 1,2,3,4,5,6,7,8
Total 128 Total 182
150
B-2 Detail of Pile Executed and Balance Ramp R1, R2, L1, L2, L3
Length of Ramp R1, R2, L1, L2, L3
L1 Piles Done L2 Piles Done
Executed
Executed Piles
S No. Group S No. Group Piles
No ID No ID
1 L1P5 3 1,2,5 1 L2P2 2 3,4
2 L1P6 4 1,2,3,4 2 L2P3 3 2,3,5
3 L1P7 4 1,2,3,4 3 L2P4 4 1,2,3,4
4 L1P8 4 1,2,3,4 4 L2P5 4 1,2,3,4
5 L1P9 4 1,2,3,4 5 L2P6 1 4
6 L1P10 4 1,2,3,4 6 L2P7 4 1,2,3,4
7 L1P11 3 1,2,5 7 L2P8 4 1,2,3,4
8 L1P12 3 1,2,4 8 L2P9 5 1,2,3,4,5
9 L1P13 2 1,2 9 L2P10 4 1,2,3,4
10 L1P14 5 1,2,3,4,5 10 L2P11 4 1,2,3,4
11 L1P15 2 1,2 11 L2P12 5 1,2,3,4,5
12 L1P16 2 1,2 12 L2P13 4 1,2,3,4
13 L1P17 2 1,2 13 L2P14 4 1,2,3,4
14 L1P18 2 1,2 14 L2P15 4 1,3,4,5
15 L1P19 1 2
16 L1P20 5 1,2,3,4,5
17 L1P21 4 1,2,3,4
Total 54 Total 52
1 L3P2 4 1,2,3,4
2 L3P3 5 1,2,3,4,5
3 L3P4 4 1,2,3,4
4 L3P5 4 1,2,3,4
5 L3P6 5 1,2,3,4,5
6 L3P7 4 1,2,3,4
7 L3P8 4 1,2,3,4
8 L3P9 5 1,2,3,4,5
9 L3P10 4 1,2,3,4
10 L3P11 3 2,3,4
11 L3P12 5 1,2,3,4,5
12 L3P13 4 1,2,3,4
13 L3P14 4 1,2,3,4
14 L3P15 5 1,2,3,4,5
15 L3P16 4 1,2,3,4
16 L3P17 4 1,2,3,4
17 L3P18 4 1,2,3,5
151
Total 72
1 R2P1
2 R2P2 2 3,4
3 R2P3
4 R2P4
5 R2P5
6 R2P6
7 R2P7
8 R2P8
9 R2P9
10 R2P10 2 3,4
11 R2P11
Total 4
B-3 Entry and Exit Mahamaya Ramps Mahamaya Ramp RHS-
Executed Piles
S No. Group
No ID
1 RP15 9 1,2,3,4,5,6,7,8,9
2 RP16 9 1,2,3,4,5,6,7,8,9
3 RP17 9 1,2,3,4,5,6,7,8,9
4 RP18 9 1,2,3,4,5,6,7,8,9
5 RP19 9 1,2,3,4,5,6,7,8,9
6 RP20 9 1,2,3,4,5,6,7,8,9
7 RP21 6 1,2,3,4,5,6
8 RP22
3
9 RP22
10 RP26 9 1,2,3,4,5,6,7,8,9
11 RP27 9 1,2,3,4,5,6,7,8,9
12 RA2 11 1,2,3,4,5,6,7,8,10,11,12
Total 92
Total Number of Piles Executed‐584
1. The bidder has to make his assessment of the correctness of the data and
utilization to complete the work before taking over of site/bidding.
2. If the existing constructed part, is found distressed, then it shall be
152
rectified/replaced by the EPC contractor as per instructions of AE/UPSBC & the
Standards and specifications of relevant IRC/MoRTH codes.
Note:
The above-mentioned status is not limited and the EPC contractor shall verify the actual
correctness of work per the approved GFC drawing in confirmation with the AE/Authority
and to complete the balance work as per site requirement. However, any rehabilitation/
rectification/ replacement/ dismantling of existing partially/ fully constructed work due to
non-conformance at a later stage shall be the responsibility of the EPC contractor and
shall not be constituted as any change of scope. The correction/modification of existing
constructed work as per standards & specifications shall be incidental to the work.
153
Annex–II
(As per Clause 8.3(i))
(Schedule‐A)
Dates for providing Right of Way of Construction Zone
The dates on which the Authority shall provide Right of Way to the Contractor on different Sections
of the Site are specified below:
S. No. Work Detail Date
1 Main Carriageway
2 Approach Road On the appointed date.
3 Service Road
154
Annex - III
(Schedule-A)
Alignment Plans
The existing alignment of the Project shall be modified in the following sections as per the
alignment plan indicated below:
(i) Alignment is to be kept as per the Plan and profile drawing.
(ii) The alignment of the Elevated road is along the Shahdra Drain on the Right bank.
The minimum Vertical Clearance will be kept at 7.5 M from the top of the road level
on the right bank as per conditions of the Delhi Flood Control department (Letter no
EE/CD-III/DB/T-01/2018-19/3883 dt 4.12.2018 enclosed).
(iii) The connectivity of Elevated Road at Mayur Vihar flyover, Delhi will be as per approval as
mentioned in letter no F.1 (303)2018/UTTIPEC/D-301 dated 04.10.2019/drawing
(enclosed).
(iv) There is an existing GAIL Pipe line laid along the alignment of the Elevated road. The work
is to be executed as per the approval of GAIL (Letter No. Gail/JLPL/868/ROU/2018-19/09
dated 17.07.2019 enclosed).
It will be the responsibility of the contractor/Bidder to ensure the safety of the GAIL gas
pipeline in the alignment. Protection work wherever required to safeguard the pipeline
should be done as per the site condition and terms and conditions of NOC of GAIL.
(v) NCRTC line is crossing at Mayur Vihar flyover. The level of the elevated road will be kept
as per minutes of the meeting of NCRTC dated 25.06.2019(Letter enclosed).
Documents enclosed:
1. Plan and Profile
2. G.A.D
3. N.O.C of Delhi Irrigation and flood Control department
4. UTTIPEC Approved Drawing for Connectivity Mayur Vihar Flyover
5. N.O.C of GAIL
6. Minutes of meeting of NCRTC dated 25.06.2019
155
U.P. STATE BRIDGE COPN. LTD,
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY SETU BHAWAN, 16-M.M.MALVIYA MARG,
SETU BHAWAN, LUCKNOW-226001
CONSTRUCTION OF 6 LANE ELEVATED CORRIDOR FROM MAYUR VIHAR
FLYOVER (NEAR CHILLA REGULATOR) TO MAHAMAYA FLYOVER ON
NOIDA-GREATER NOIDA EXPRESSWAY, ALONG SHAHDARA DRAIN
PLAN & PROFILE
DHRUV CONSULTANCY SERVICES LTD
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614
WEBSITE: WWW.DHURVCONSULTANCY.IN
156
157
TO AKSHARDHAM TEMPLE MAHAMAYA FLYOVER
List of Drawings
S.No. Description Sheet No.
1 Legend 01
2 Plan & Profile of Right Carriageway (Design Ch. 0+000 to 1+000) 02
3 Plan & Profile of Right Carriageway (Design Ch. 1+000 to 2+000) 03
4 Plan & Profile of Right Carriageway (Design Ch. 2+000 to 3+000) 04
5 Plan & Profile of Right Carriageway (Design Ch. 3+000 to 4+000) 05
6 Plan & Profile of Right Carriageway (Design Ch. 4+000 to 5+000) 06
7 Plan & Profile of Right Carriageway (Design Ch. 5+000 to 5+570) 07
8 Plan & Profile of Left Carriageway (Design Ch. 0+000 to 0+1000) 08
9 Plan & Profile of Left Carriageway (Design Ch. 1+000 to 2+000) 09
10 Plan & Profile of Left Carriageway (Design Ch. 2+000 to 3+000) 10
11 Plan & Profile of Left Carriageway (Design Ch. 3+000 to 4+000) 11
12 Plan & Profile of Left Carriageway (Design Ch. 4+000 to 4+470) 12
Plan & Profile of Entry Ramp L1
13 13
(from Sector-15 to Mahamaya Flyover)
Plan & Profile of Exit Ramp L2
14 14
(from Delhi to Sector-16)
Plan & Profile of Exit Ramp L3
15 15
(from Delhi to Sector-18)
Plan & Profile of Entry Ramp R1
16 16
(from Sector-16B to Delhi)
Plan & Profile of Exit Ramp R2
17 17
(from Mahamaya Flyover to Sector-16)
OWNER: CLIENT: CONSULTANT: PROJECT: NORTH: TITLE:
CONTENT
NEW OKHLA INDUSTRIAL U.P. STATE BRIDGE COPN. LTD, DHRUV CONSULTANCY SERVICES LTD CONSTRUCTION OF 6 LANE ELEVATED CORRIDOR
DEVELOPMENT AUTHORITY SETU BHAWAN, 16-M.M.MALVIYA MARG, 501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614 FROM MAYUR VIHAR FLYOVER (NEAR CHILLA DRN. AP AUTHORIZED SIGNATURE SCALE Horizontal 1:1500, Vertical 1:600
SETU BHAWAN, LUCKNOW-226001 WEBSITE: WWW.DHURVCONSULTANCY.IN REGULATOR) TO MAHAMAYA FLYOVER ON DSND. TP DATE 10-07-2019
NOIDA-GREATER NOIDA EXPRESSWAY, DATE REV. CODE PARTICULARS DRAWN CHKD. APPD.
ALONG SHAHDARA DRAIN REVISIONS
CHKD. SC Rev. R4
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
SHEET of 15
CONTENT
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
158
TO AKSHARDHAM TEMPLE MAHAMAYA FLYOVER
Board
LP
CCTV
SB
WATER TANK
GAS
IGL
WPL
KM
OWNER: CLIENT: CONSULTANT: PROJECT: NORTH: TITLE:
LEGEND
NEW OKHLA INDUSTRIAL U.P. STATE BRIDGE COPN. LTD, DHRUV CONSULTANCY SERVICES LTD CONSTRUCTION OF 6 LANE ELEVATED CORRIDOR
DEVELOPMENT AUTHORITY SETU BHAWAN, 16-M.M.MALVIYA MARG, 501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614 FROM MAYUR VIHAR FLYOVER (NEAR CHILLA DRN. AP AUTHORIZED SIGNATURE SCALE Horizontal 1:1500, Vertical 1:600
SETU BHAWAN, LUCKNOW-226001 WEBSITE: WWW.DHURVCONSULTANCY.IN REGULATOR) TO MAHAMAYA FLYOVER ON DSND. TP DATE 10-07-2019
NOIDA-GREATER NOIDA EXPRESSWAY, DATE REV. CODE PARTICULARS DRAWN CHKD. APPD.
ALONG SHAHDARA DRAIN REVISIONS
CHKD. SC Rev. R4
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
SHEET 01 of 15
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
159
Client:
LP
LP
MH
0+000
LP
LP
LP
Vert
Datum
flyove
LP
SB
LP
CHAINAGE
@ RME FRL
SCHEMATIC
under ical Cleara
HORIZONTAL
LP
MEDIAN EDGE
nc
r=6.0 e
MAYUR VIHAR
34m.
PROPOSED RIGHT
SUPERELEVATION
GROUND LEVEL AT
FINISH ROAD LEVEL
HT6.
HT6.
195
205
215
034
034
200
210
220
LP
RIGHT MEDIAN EDGE
GROUND LEVEL DIFF.
VERTICAL SCHEMATIC
LP
HT6.
HT6.
373
373
Vert
LEPJ
Chainge:0+000.00 B
SB
MH
MH
flyove
0+000 0.01 205.917 205.932 Level:205.932
SETU BHAWAN, LUCKNOW-226001
LP
0+010 0.04 205.892 205.932
under ical Cleara
SB
U.P. STATE BRIDGE COPN. LTD,
0+100
SETU BHAWAN, 16-M.M.MALVIYA MARG,
nc
r=6.3 e
0+020 0.08 205.850 205.932
73m.
LP
0+030 0.11 205.932 LP
HT6.
HT6.
858
858
0+040 0.14 205.794 205.932
To Chilla Village>>
LP SB
under flyover=6.858
0+050 0.17 205.765 205.932
Vertical Clearance
m.
LP
0+060 0.20 205.736 205.932 LP
MH SB
EJE
BJB
0+070 0.23 205.705 205.932
LP
SB SB
0+080 0.26 205.674 205.932
Authority Engineer:
LP
0+090 0.29 205.641 205.932 SB
LP
0+100 0.29 205.643 205.932
Footpath
LP
0+110 0.28 205.648 205.932
0+200
Footpath
0+120 0.27 205.661 205.932
0.00%
LP
Parking
L=236.95
G=0.00%
Flyover
Flyover
0+130 0.25 205.679 205.932
LP
0+140 0.23 205.697 205.932
LP
0+150 0.22 205.715 205.932
0+160 0.04 205.894 205.932
LP
0+170 0.03 205.903 205.932
LP SB
0+180 0.01 205.938 205.932 LP
0+190 0.08 206.016 205.932 LP
Bus
Stop
MH
0+200 0.11 206.037 205.932 SB
EJ
B
LP
WEBSITE: WWW.DHURVCONSULTANCY.IN
0+210 0.13 206.057 205.932
DHRUV CONSULTANCY SERVICES LTD
LP
0+300 LP
SB
0+220 0.14 206.073 205.932
0+230 0.14 206.071 205.932 SB
SB
Chainge:0+236.95
L=456.86m
0+240 0.14 206.069 205.933 Level:205.932 SB LP
LP
LP
MH
MH
0+250 0.10 206.051 205.955
0+260 0.06 205.945 206.005 SB
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614
Bus
Stop
LP
0+270 0.24 205.840 206.083 LP
LP
Footpath
0+280 0.41 205.775 206.189
0+290 0.55 205.769 206.322
LP
L=120.00
NOTES:
0+300 0.69 205.792 206.484 LP
LP
0+310 0.98 205.690 206.673
0+400
0+320 1.23 205.658 206.890 SB
LP
Parking
0+330 1.49 205.640 207.134 SB LP
LP
Existing Ground Level at
30000
0+340 1.73 205.672 207.407
Proposed Right Median Edge
Proposed FRL at Right Median Edge
RP3
0+350 2.05 205.654 207.707
Chainge:0+356.95 LP
0+360 2.34 205.694 208.033 Level:207.932 LP
LP
30000
0+370 2.65 205.712 208.367 SB
RP4
0+380 2.95 205.747 208.700 LP
LP
0+390 3.26 205.773 209.033 LP
LP
30000
0+400 3.56 205.809 209.367
3
4
MH
RP5
5
0+410 3.82 205.884 209.700
1
LP
Footpath
2
0+500
0+420 4.16 205.871 210.033 LP
LP
Footpath
30000
2. The GAD needs to be read along with the GFC drawings submitted.
0+430 4.51 205.857 210.367
3.33%
R: 2.50%
L=143.05
G=3.33%
RP6
1. The GAD is revised as per the change in planning due to site constraints.
3. GAD is modified as per the site conditions and requirement of the client.
0+440 4.85 205.851 210.700
LP
R: 2.50%
0+450 5.13 205.905 211.033 LP
LP
30000
0+460 R: 2.50%
5.45 205.920 211.367
Parking
PLAN
RP7
MH
MH
0+470 5.80 205.904 211.700
PROJECT:
LP
PROFILE
0+480 6.15 205.888 212.033 LP
LP
MH
MH
MH
30000
0+490 6.50 205.868 212.367
3
SB
4
Chainge:0+500.00
RP8
5
0+500 6.86 205.844 212.700 Level:212.700 MH
MH
1
2
LP
0+510 7.22 205.804 213.019 LP
0+600 LP
L=102.53m
R=1500.00m
MH
30000
Vert
0+520 7.59 205.717 213.311
SB
MH
BP: 0+000.0
SB
0
SB SB SB
RP9
flyove
SB
0+530 7.95 205.628 213.575
MH
MH
LP
SB MH
MH
0+540 8.26 205.553 213.811 LP
under ical Cleara
nc
30000
MH
r=6.1 e
0+550 8.53 205.490 214.019 Police PC: 0+029.3
9 Toilet
LP
94m.
both
R: 2.50% LP path
Foot
RP10
0+560 L=120.00 8.87 205.333 214.200 <<To D LP
ND Flyw LP
HT7.
HT6. 016
ay 194
LP Puri
R: 2.50%
<< To Tirlok
0+570 9.19 205.164 214.353
path
Foot
30000
0+580 9.42 205.054 214.478 MH
MH
Police
R: 2.50%
3
4
both
RP11
LP
5
0+590 9.58 204.992 214.575 MH
MH
LP
1
2
LP
4
3
LA1
0+600 9.73 204.912 214.644
M.P.3 ROAD IN NOIDA
5
3. 55
PT: 0+08
2
30000
MH
MH
0+610 9.64 205.042 214.686
ALIGNMENT FROM CHILLA
0+700
REGULATOR SECTOR14A TO
Vertica
Chainge:0+620.00 LP
30000
l Clear
RP12
under
0+620 9.60 205.103 214.700 LP HT Line ance
Level:214.700 0+10
ROAD ALONG SHAHDARA DRAIN
TS : 5.01 =18.541m.
LP
FEASIBILITY STUDY OF ELEVATED
LP1
0+630 9.25 205.446 214.700
GA
S GA
S
30000
GA
0+640 9.12 205.583 214.700 S GA
S
LP
RP13
30000
LP
MH
0+650 9.08 205.616 214.700
LP
0+660 9.23 205.474 214.700
LP2
SC: 0+145.01
30000
0+670 9.40 205.299 214.700
3
4
LP
RP14
DATE
5
LP CS: 0+157.37
5+700
30000
0+680 9.62 205.085 214.700
13.09.2023
1
5+750
2
5+800
5+850
LP
1
5+900
0+690 9.66 205.042 214.700
5+950
Footpath
5
R6
6+000
LP3
REV.
6+050
4
30000
3
6+100
0+700 9.68 205.018 214.700
LP
L=282.56m
RP15
LP
0+710 9.66 205.040 214.700
30000
CODE
0+800 LP
Footpath
0+720 9.64 205.061 214.700 ST: 0+197.3
7
LP4
30000
0+730 9.44 205.257 214.700
Flyover
Flyover
LP
RP16
LP
0+740 9.42 205.275 214.700
30000
LP
Existing Ground Level at
SB
Proposed Right Median Edge
0+750 9.46 205.238 214.700
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
LP5
30000
Proposed FRL at Right Median Edge
0+760 9.42 205.276 214.700 GA
S
3
TS: 0+239.9
4
0
LP
RP17
5
Chi LP
REVISIONS
0+770 9.47 205.228 214.700 lla
30000
LP
2
PARTICULARS
TENDERING PURPOSE
Sha Villag
e
2
ms
1
0+780 9.47 205.229 214.700 Bhu han
5
mi
LP6
R
O
30000
A
3
R
P
0+790 9.47 205.228 214.700 SC: 0+269.90
MH
MH
A
LP
HUT
LP
LP
RP18
M
0+800 9.44 205.256 214.700
30000
DE TS C
GA
S
0+810 9.40 205.295 214.700
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
LP7
DRAWN
PR LHI ORR
30000
I
0+900
ED UT
0+820 9.37 205.334 214.700
MH
MH
LP
OS EER DOR
30000
0+830 9.42 205.277 214.700 LP
CHKD.
RP19
LP
Under
Footpath
0+840 9.40 205.300 214.700
LP8
Treatm
30000
R: 2.50%
Shahdara Drain
Delhi W
APPD.
0+850 9.37 205.326 214.700
LP
ent Pla
ater
3000
0
LP
n
0+860 9.27 205.428 214.700
Constru t
LP
tion
DRN.
R: 0.00%
CHKD.
DSND.
RP20
MH
MH
1
LP9
300
0+870 9.29 205.415 214.700
TITLE:
00
5
Ls=50.00m
3
CC
TV LP
4
<<T
0+880 R: 2.50%
9.10 205.596 214.700
o
300
00
LP
0+890 9.10 205.602 214.700 LP
N G
R: 4.00%
New
E 31 PS1
6 A
LP10
RP21
0+900 8.97 205.729 214.700 Z 72 4343
49
Asho
20 47. .853
k
4.2 73
60
30
62 7
00
0
0+910 8.84 205.856 214.700
00
0
LP
Nag
ar
0+920 8.63 206.069 214.700 00 LP LP
LP
N LP LP
11
T 0 GA
E 31 BM1 1+ S
6 2 400
DWG.NO. : NOI/P&P/301
0+930 8.73 205.970 214.700 Z 72 4293 0+
30
47
8 .37
00
20 4
0
6.6 0.4 MC MH
WPL
D
Fo
0+940 8.64 206.058 214.700 06
MH
MH
otp
bo Tol WWPLPL LP
ath
LP
both
R206.0
12
th l 976
Police
RP
4
22
0+950 8.56 206.144 214.700 LP
LP 70 Pa
LP 00
3
0
5
LP rk
2
30
00
0
0+960 8.49 206.208 214.700
1
B
MH
MH
LP
EJ 13
B
MH
0+970 8.44 206.255 214.700 GA SB 85
S LP .33
30 8
AUTHORIZED SIGNATURE
00
LP 0
0+980 8.43 206.270 214.700
WWPLPL LP
PLAN AND PROFILE
LP 14
55
3 30 LP
N
7
0+990 8.46 206.240 214.700
L=184.46m
km 0+000 To km 1+000
R=200.00m
MH
0
Tempo
buildin
30
2.9
RP
23
00 E 31 GPS1
g
6
Rev.
LP 0
53
DATE
Op
10
Z
rary
en
SCALE
72 4280
4 LP
0+
1+000 8.55 206.147 214.700 15
:
LP
1+
20 948. .233
CS
4.3 37
.97
1
LP AD
06 3 9
O 00
62
1+010 8.69 206.012 214.700 KR 00
B RIC LP16
50
3
+5
LP 2
:0
0+
LP
ST
160
Corridor at Ch:0+975
R6
MAHAMAYA
Proposed DelhiMeerut RRTS
A2 @ 1:2000
13 SEPT 2023
MAYUR VIHAR MAHAMAYA
l
na hi
a tio Del
N t. en
v d
Go Gar
3
BM 5.786
H
ea
1 6 422
TBM 27.90 316 40.21
2
d
qu Dip
42 971 N 2
16 725 .288
at lom
3 3 3. Sha
er a
N 2 E 5
725 .216 20 h dar
<
LP CP6 CP7
O
Z aD
Match line
E 205
<
2
fE
rain
BM 3.691
CP8
To
CP5
ng
Z
426 587
N
b
6
g.
1 Sla ert
ew
3 .
105
6.75
CP4 lv CP9
cu
N 725 .012
As
0+90
E 6
ho
20
5
31.7
LP
k
5
OP
Z
E LO
E LIN CP10
N
S PIP
GA
CP3
CS:
EN
OP
ag
>
GAS
0+9
5
11.258
OP
E LO
5
E LIN OP
6.428
5>
S PIP E LO
ar
1A
GA 5
EN OP E LIN
E LO
3
OP S PIP 5
GPS 43.85
5 E LIN GA OP
.21
OP EN
E LO S PIP OP E LO
GAS
GA E LIN
ST:
E LIN EN
S PIP
OP S PIP
r1
5 GA GA
CP11
T D
EN EN
OP OP
GAS 36000
43 737
OP
E LO
59
in
E LIN
Un rea elh 6
S PIP 5
GA OP
1
E LO
a
EN
.
35999
OP
0+800
3 35998
E LIN
Dr
cto
+6
7 GAS
S PIP
4
GA
de tm i W
5 EN
9
OP OP
E LO
N 724 .262
GAS
1+500
1+400
CP2
E LIN
Matc
:0
a GAS
S PIP
.21
GA
ar
3600
Se
EN
0
r C en at
OP
OFC00 0
5
CP12
36
GAS
OP
SC
E LO
E 204 hd
E LIN
on t P er
0.500
INE
G PIP
34
CN 5
MH EN OP
OP E LO
h lin
a EL
To
0
E LIN
G PIP
Sh
+6
PROPOSED st la Z PIP
CN
EN
OP
0+90
3600
AS
ru nt 00
:0
360 0 G
e
WPL
00
EN
CP13
tio
5
LP
OP
TS
OP
E LO
DELHIMEERUT
E LIN
LP
INE
G PIP
n
CN
EN
L
OP
IPE
0+7
WPLL
WP
1 360 P
AS
CP 00
RRTS CORRIDOR 359
98
AD BANK
GAS
EN
G
00
5
CP14
ALLAHAB ENT
OP
OP
E LO
0
0
E LIN
00
INE
G PIP
30
CN
EL
EN
OP
30
GAS
LP16
1+6
Sh 1
5
A P A R T M 360
00
AS
PIP
GPS 0.233
OP
E LO
7
G
ah
E LIN
CP14
1+
EN
G PIP
.9
A
L1A1
CN
00
ath
EN
OP
OP 5
da 428
OP
U/
E LO
e
62
otp
E LIN
INE
3
9 00
idg
G PIP
ra 316 48.37 300
CN 4
Fo
L
EN
ge
OP
+5
IPE
1
Br
1+0
360
Dr GAS SP
CP15
id
2
00
ath
N 724 .306
:0
4
A
en
ain BM 7.419
Br
NG
otp
.97
LP15
ST
E
Op
Fo
1.794
15000
OP
E 204
ge
411 792
E
2
LIN
LP7
9.02
532
6
id
1 IPE
.
4
300 Z
3
00
3 360 1.794
Br
P
363
00
0
L1P1
0
AS
3
: 0+
N 725 9 SEC
60
300 G 1 2
0
00 0 EN
1500
LP14
00
OP
1
30
. TOR
8
.33 GAS
CS
1+7
E 5
5
20
LP8
85
0+
4
1.79
4
14
3
00 360
300 0
Z
0.02
A
15
3000 WPLL
5
00
2
WP
LP
1
0
00
2
LP13 26
en
RP
5
4
0
Op
LP9 4 L1
P3
4
0
30000 00
1
0
30000 30 250
1+1
LP
L1P2
LP12 3
LP10
MH
LP 2
274 00
2
20
5
Fo
LP otpa LP11
30000 00
3
30000
3
94
th L1P4
SB
6
7 4
1.
1
66.0
1
250
1+
1
ND
00
2
25
RP
OPEN LA
3
T
2
U
Sha
L1P5
H
0
4
00
5
00 GAS
LP
1+2
3
30
h
LP LP
4
33
0 250 dar
2
5
T
MH
ark
55
a
1
U
00
1
H
3
Dra
4
2
Pol
BM 0.104
1+8
P
PT:
L1P6
880
1
ic GAS in
4
00
BRICK ROAD
3
bot e
LP
424 N 3 GPS2A
RP
24
5
250
h 5 00
316 41.44
35
OFC
0
LP
00
1
ian
LP
16
12.9
L1P7
Tin LP
E 7 3829.849
Med
SB 3
0
9
2
N 724 733
4
GAS
MH
shed 250
MH
1+2
0+5
25
1
00
ay
Z 2 25 657.422
2
LP
E .
203
ew
L1P8
g
3
LP
rria
LP
GAS 0500.50 6
4
Ca
Z
0+400
00
2
1
MH
700 274 2 3
00
B
300 4 L1P9
00
4
OP
00
ad
E LO
LP
y
LP
ath
LIN
wa
76
CP16
R206.09
PIPE 5
LP S
250
ge
otp
GA
To GAS
0
LP
OP
EN
00
rria
LP
Ro
ath
Fo
1
30000 LP 3600
10
23
Ca
1+9
otp
Se
RP
0
3
2
2
60000 4
Fo
cto TBM 70.9
LP LP CP16
dri
4 1
LP A E LO
OP
2
1+
00
LIN
LP
r1
PIPE
39 93
LP OFC
GA
S
3
Da
316 29.87
EN
LP 3600
OFC OP
LP 4A 0 1
1+3
>> LP
N 5
725 3
CCTV LP
To
4
CP17
LP OP
SEC
E LO
OFC
To M
LIN
ll
PE
GAS .
S PI
LP
To aham E 204
GA
TOR
<<
EN
OP
LP 3600
D aya F 0
MC oth RP22
4
15
OP
Z
E LO
lyove
00
1+000
OFC
LIN
PE
A
S PI
b r
CP18 GA
>>
EN
RP20 OP
LP
LP
5
LP
2
BM 9.502
2+0
LP
GPS 6.918
Footpath 3600
RP21 0
EJB
392 386 895
LP MH
MH
SB
00
CP19
316 54.67 16
th
LP
3 .
tpa
608
o
LP
5
Fo
N N 725 .703
725 409
3600
1+4
LP 0
LP
LP
E 5. E 5
20
LP
20
CP20
11
LP
Z Z
TBM 44.51
MH
1
SB
4
12 4 6
31 08.93
Tem
TBM 293.37 buil porar
N 0
725 613
din y LP
g
1 6 4 .
3 .4 E
780 204
n
dia
N 724 606 GAS
LP
Me
Z
E 6 .
20
LP
Z LP LP
Po
l ic
e
LP MH
MH
LP
R
th
VE
tpa
o
Fo
YO
y
wa
ge
FL
rria
Ca
PLAN
Proposed FRL at Right Median Edge Proposed FRL at Right Median Edge
Proposed DelhiMeerut RRTS Existing Bund Road Level at Existing Bund Road Level at
Proposed Right Median Edge Proposed Right Median Edge
220 Corridor at Ch:0+975
Existing Ground Level at Existing Ground Level at
Proposed Right Median Edge Proposed Right Median Edge
215
210
205
200
Datum
195
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
214.700
RIGHT MEDIAN EDGE
FINISH ROAD LEVEL
202.161
203.461
203.351
204.011
204.121
204.331
202.991
203.561
203.261
202.631
202.501
204.101
206.147
206.012
205.838
205.848
205.528
205.508
205.684
205.850
206.559
201.097
201.304
201.725
202.604
203.006
203.453
203.728
203.603
203.737
203.749
203.555
203.266
202.976
202.606
202.440
202.549
202.746
202.943
203.156
202.925
202.567
202.013
202.988
202.954
202.814
202.800
202.348
201.668
201.027
202.760
203.180
203.638
204.089
203.689
203.822
203.650
203.629
204.053
203.239
203.558
203.910
203.939
203.764
203.228
203.245
202.954
202.974
203.193
203.599
203.893
203.634
202.304
202.546
202.535
202.497
202.852
202.820
202.399
202.403
203.538
204.329
204.664
204.215
204.006
204.093
203.913
203.642
203.143
203.174
203.239
202.344
202.412
203.089
203.693
201.970
203.187
203.874
203.230
202.882
203.708
204.926
GROUND LEVEL AT
PROPOSED RIGHT
MEDIAN EDGE
GROUND LEVEL DIFF.
11.71
11.71
10.61
11.01
11.51
10.81
10.61
11.61
11.01
11.51
13.60
13.40
12.54
12.10
11.24
11.10
11.72
11.54
11.90
11.94
11.52
11.14
11.14
10.94
11.44
11.10
12.40
12.20
12.30
12.30
10.04
12.20
10.60
11.82
12.97
11.69
11.25
10.97
10.96
10.95
11.15
11.43
12.09
12.26
12.15
11.95
11.76
11.35
10.69
10.58
10.37
11.78
12.13
12.69
11.75
11.89
12.35
13.03
13.67
11.06
10.88
11.05
11.07
10.65
11.46
10.79
10.76
11.47
11.46
11.75
11.73
11.07
12.15
12.16
11.85
11.88
12.07
11.16
10.37
10.49
10.69
10.79
11.06
11.56
11.53
11.46
12.36
12.29
12.73
10.83
11.47
10.99
8.69
8.86
9.17
9.19
9.02
8.14
8.55
8.85
9.77
8.85
@ RME FRL
HORIZONTAL L=247.54m L=28.57m
Ls=50.00m Ls=25.00m Ls=25.00m
SCHEMATIC L=147.80m R=320.00m L=305.75m R=2500.00m
VERTICAL SCHEMATIC
R: 2.50%
R: 2.50%
R: 2.50%
R: 4.00%
R: 4.00%
R: 2.50%
R: 2.50%
R: 2.50%
R: 4.00%
R: 2.50%
R: 0.00%
R: 2.50%
SUPERELEVATION
2+000
2+010
1+000
1+010
1+020
1+030
1+040
1+050
1+060
1+070
1+080
1+090
1+100
1+110
1+120
1+130
1+140
1+150
1+160
1+170
1+180
1+190
1+200
1+210
1+220
1+230
1+240
1+250
1+260
1+270
1+280
1+290
1+300
1+310
1+320
1+330
1+340
1+350
1+360
1+370
1+380
1+390
1+400
1+410
1+420
1+430
1+440
1+450
1+460
1+470
1+480
1+490
1+500
1+510
1+520
1+530
1+540
1+550
1+560
1+570
1+580
1+590
1+600
1+610
1+620
1+630
1+640
1+650
1+660
1+670
1+680
1+690
1+700
1+710
1+720
1+730
1+740
1+750
1+760
1+770
1+780
1+790
1+800
1+810
1+820
1+830
1+840
1+850
1+860
1+870
1+880
1+890
1+900
1+910
1+920
1+930
1+940
1+950
1+960
1+970
1+980
1+990
CHAINAGE
PROFILE
Client: Authority Engineer: PROJECT: TITLE: PLAN AND PROFILE
NOTES:
DHRUV CONSULTANCY SERVICES LTD 1. The GAD is revised as per the change in planning due to site constraints. km 1+000 To km 2+000
U.P. STATE BRIDGE COPN. LTD, 2. The GAD needs to be read along with the GFC drawings submitted.
SETU BHAWAN, 16-M.M.MALVIYA MARG,
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614 3. GAD is modified as per the site conditions and requirement of the client. FEASIBILITY STUDY OF ELEVATED DRN. AUTHORIZED SIGNATURE SCALE A2 @ 1:2000
SETU BHAWAN, LUCKNOW-226001
WEBSITE: WWW.DHURVCONSULTANCY.IN ROAD ALONG SHAHDARA DRAIN
ALIGNMENT FROM CHILLA 13.09.2023 R6 1 TENDERING PURPOSE
DSND. DATE 13 SEPT 2023
REGULATOR SECTOR14A TO DATE REV. CODE PARTICULARS
REVISIONS
DRAWN CHKD. APPD.
CHKD. Rev. R6
M.P.3 ROAD IN NOIDA STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
DWG.NO. : NOI/P&P/302 161
Client:
CP17
N 1+300
E
25000
31 BM
Z 72 638 5
Datum
1
3
OFC
20 560 69.
L1P6
2
5. 8. 50
36000
MAYUR VIHAR
70 89 2
3 5
CHAINAGE
@ RME FRL
SCHEMATIC
HORIZONTAL
25000
MEDIAN EDGE
O
PE
N
G
AS
PIP
CP18
E
LI
N
E
LO
1
3
O
P
4
PROPOSED RIGHT
SUPERELEVATION
L1P7
2
4
GROUND LEVEL AT
FINISH ROAD LEVEL
195
200
205
210
215
220
RIGHT MEDIAN EDGE
GROUND LEVEL DIFF.
VERTICAL SCHEMATIC
Shahdara Drain
36000
SETU BHAWAN, LUCKNOW-226001
25000
2+000
1
2+000 10.99 203.708 214.700
U.P. STATE BRIDGE COPN. LTD,
5
OFC
SETU BHAWAN, 16-M.M.MALVIYA MARG,
L1P8
E
N
Z
4
CP19
2+010 9.77 204.926 214.700
O
PE
N
G
AS
PIP
E
LI
N
E
205.5
2+020 10.28 204.418 214.700 LO
O
P
4
Existing Bund Road Level at
Proposed Right Median Edge
25000 62
GPS2A
1
3
Proposed FRL at Right Median Edge
Existing Ground Level at
36000
725657.422
L1P9
2
4
3163829.849
2+030 10.82 203.883 214.700
Proposed Right Median Edge
1+400
O
2+040 10.71 203.987 214.700 PE
N
G
AS
25000
PIP
E
CP20
L=264.86m
LI
N
E
LO
O
P
4
1
3
2+050 9.46 205.240 214.700
2
4
L1P10
2+060 9.49 205.212 214.700
36000
25000
Authority Engineer:
2+070 9.56 205.135 214.700
3
1
5
L1P11
2+080 9.65 205.055 214.700
CP21
4
2+090 9.73 204.974 214.700
25000
2+100
36000
2+100 10.49 204.215 214.700
1
3
OFC GA
L1P12
2
4
2+110 10.71 203.991 214.700
E
N
O
PE
N
G
CP22
AS
25000
PIP
E
LI
N
E
2+120 10.74 203.959 214.700 LO
O
P
4
1 3
L1P13
2+130 10.47 204.232 214.700 2 4
TBM3
205.475
36000
725711.351
1+500
3163777.577
2+140 11.37 203.325 214.700
25000
SECTOR15A
2+150 11.97 202.727 214.700
5
CP23
L1P14
O
PE
N
G
4
AS
PIP
E
LI
N
E
2+160 11.82 202.876 214.700 LO
O
P
4
PC: 1+530.93
25000
2+170 10.97 203.733 214.700
36000
1 3
L1P15
2 4
2+180 10.10 204.600 214.700
CP24
2+190 10.73 203.970 214.700 O
PE
N
G
AS
25000
PIP
E
LI
WEBSITE: WWW.DHURVCONSULTANCY.IN
N
E
LO
2+200 O
P
DHRUV CONSULTANCY SERVICES LTD
4
2+200 10.80 203.899 214.700 1 3
L=52.87m
L1P16
2 4
R=2500.00m
36000
2+210 10.86 203.839 214.700
25000
2+220 10.91 203.792 214.700 PT: 1+583.79
7.397
1
3
CP25
5
L1P17
2+230 10.62 204.084 214.700
2
4
1+600 Match line
2+240 11.38 203.319 214.700
25000
36000
GA
GA S
S
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614
2+250 11.73 202.970 214.700 1 3
L1P18
2 4
CP26
2+260 11.86 202.840 214.700 O
PE
N
G
AS
PIP
E
LI
N
E
LO
GA
O
Z 25000
S P
4
2+270 10.25 204.451 214.700
BM6
1 3
204.901
L1P19
2 4
36000
2+280 10.85 203.852 214.700
N 3163653.77
E 725837.521
NOTES:
2+290 10.33 204.371 214.700
O
25000
PE
N
G
AS
PIP
CP27
2+300 E
LI
1
N
3
E
LO
O
P
2+300 10.20 204.504 214.700 4
5
L1P20
2
4
2+310 10.73 203.967 214.700
36000
25000
2+320 12.01 202.691 214.700 GA
S
1 3
GA
S
L1P21
2 4
2+330 12.13 202.574 214.700
CP28
O
PE
N
G
1+700 AS
PIP
E
LI
N
E
LO
O
2+340 12.24 202.458 214.700 P
4
25000
2+350 11.10 203.604 214.700 1 3
L1P22
2 4
2+360 11.14 203.559 214.700
CP29
2+370 11.67 203.028 214.700
Shahdara Drain
2+380 12.20 202.497 214.700
2+390 12.61 202.090 214.700
L=320.65m
2+400
2+400 12.75 201.951 214.700
CP30
O
PE
N
G
2+410 11.68 203.025 214.700 AS
PIP
E
GA
LI
N
E
LO
O
GA S
S P
4
2. The GAD needs to be read along with the GFC drawings submitted.
2+420 11.52 203.177 214.700
36000
1. The GAD is revised as per the change in planning due to site constraints.
3. GAD is modified as per the site conditions and requirement of the client.
2+430 11.89 202.806 214.700
1+800 O
PE
N
G
2+440 11.79 202.908 214.700 AS
CP31
PIP
E
LI
N
E
LO
O
P
4
2+450 11.69 203.010 214.700
PLAN
E
N
PROJECT:
36000
2+460 11.44 203.265 214.700
PROFILE
BM
7
2+470 11.62 203.076 214.700 GA
S
BM7
O
204.933
PE
CP32
N
G
AS
PIP
2+480 11.81 202.891 214.700 E
LI
N
E
725956.441
LO
O
3163511.552
P
4
2+490 11.99 202.706 214.700
36000
2+500
2+500 12.18 202.521 214.700
OFC
2+510 11.30 203.399 214.700
CP33
2+520 12.50 202.204 214.700
2+530 12.47 202.234 214.700
36000
1+900
2+540 12.32 202.383 214.700 PC: 1+904.44
GA
S
PIP
E
LIN
CP34
E
OP
EN
2+550 10.82 203.879 214.700 LO
OP
4
2+560 10.14 204.556 214.700
L=24.30m
R=2500.00m
PT: 1+928.74
36000
GA
2+570 10.19 204.508 214.700 S
SECTOR15A
2+580 10.24 204.457 214.700 3.633
CP35
GA
S
PIP
E
LIN
E
M.P.3 ROAD IN NOIDA
OP
EN
LO
OP
4
2
2+590 10.57 204.132 214.700 4
TBM4
Z 205.175
1 3
5
L2P1
R1P1
2 4
E 726033.544
2+600
ALIGNMENT FROM CHILLA
3
1
N 3163441.394
2+600 11.82 202.881 214.700
REGULATOR SECTOR14A TO
36000
25000
25000
2+610 12.26 202.444 214.700
ROAD ALONG SHAHDARA DRAIN
FEASIBILITY STUDY OF ELEVATED
1 3
4 2
GA
S
PIP
E
L2P2
LIN
R1P2
E
2+620 12.32 202.382 214.700 2 4 OP 3 1
CP36
EN
LO
OP
4
2+630 10.92 203.775 214.700
25000
25000
2+000
1
3
4
2
36000
2+640 11.00 203.700 214.700
5
5
L2P3
R1P3
2
4
3
1
2+650 11.09 203.610 214.700
Existing Bund Road Level at
Proposed Right Median Edge
CP37
Proposed FRL at Right Median Edge
Existing Ground Level at
25000
2+660 11.21 203.491 214.700
25000
Proposed Right Median Edge
DATE
1 3
4 2
13.09.2023
L2P4
R1P4
2+670 11.35 203.346 214.700 2 4
3 1
Shahdara Drain
36000
R6
2+680 11.37 203.332 214.700
REV.
25000
25000
2+690 11.36 203.336 214.700 1 3 GA
S
4 2
PIP
0.00%
CP38
E
LIN
E
OP
L2P5
EN
R1P5
LO
1
2 4 OP
3 1
4
G=0.00%
2+700
L=4140.00
CODE
2+700 11.53 203.173 214.700
E
Z
N
25000
25000
2+710 11.39 203.311 214.700
36000
GA
S
1
3
4
2
5
5
L2P6
R1P6
2+720 11.45 203.252 214.700
2
4
3
1
BM8
203.929
GA
S
PIP
E
LIN
CP39
E
OP
EN
726157.727
2+730 11.48 203.224 214.700 LO
OP
4
3163319.695
25000
25000
2+100
2+740 11.22 203.484 214.700
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
1 3
4 2
RIP7
L2P7
2 4
3 1
36000
2+750 11.09 203.607 214.700
REVISIONS
25000
25000
PARTICULARS
2+760 10.97 203.730 214.700
TENDERING PURPOSE
CP40
1 3
4 2
GA
S
PIP
E
L2P8
LIN
R1P8
E
2+770 10.95 203.745 214.700 GA
2 4 OP
3 1
S EN
LO
OP
4
2+780 11.09 203.607 214.700
25000
25000
36000
1
3
4
2
2+790 11.55 203.154 214.700
5
5
L2P9
R1P9
2+800
2
4
3
1
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
6.799
DRAWN
2+800 11.87 202.832 214.700
CP41
25000
25000
2+810 11.88 202.820 214.700
1
3
4 2
CHKD.
R1P10
L2P10
2
4
36000
2+820 11.58 203.119 214.700 3 1
2+830 11.40 203.299 214.700
L=513.58m
25000
25000
APPD.
2+200
CP42
GA
S
PIP
2+840 11.84 202.856 214.700 E
1
3
LIN 4 2
E
OP
EN
LO
OP
4
R1P11
L2P11
2
4
3 1
DRN.
2+850 12.52 202.182 214.700
CHKD.
DSND.
36000
25000
25000
TITLE:
2+860 12.53 202.172 214.700
1
3
4
2
5
5
R1P12
L2P12
2+870 12.45 202.250 214.700
2
4
CP43
3
1
GA
S
PIP
E
LIN
E
OP
EN
LO
OP
4
2+880 11.92 202.778 214.700
25000
25000
2+890 11.39 203.307 214.700
1
3
4
2
36000
R1P13
L2P13
2
4
3
1
2+900
2+900 10.86 203.835 214.700
GA
S
25000
25000
CP44
GA
S
PIP
2+910 10.44 204.261 214.700 E
LIN
E
OP
EN
LO
OP
4
1
3
DWG.NO. : NOI/P&P/303
4
2
R1P14
L2P14
2
4
2+920 10.33 204.372 214.700
3
1
36000
2+930 10.50 204.202 214.700
25000
25000
2+300
1
3
4
2
2+940 10.58 204.122 214.700
7.442
5
5
CP45
R1P15
L2P15
2
4
3
1
2+950 10.59 204.110 214.700
25000
25000
2+960 10.60 204.098 214.700
AUTHORIZED SIGNATURE
1
3
36000
4
2
R1P16
L2P16
2+970 10.70 204.001 214.700
3
1
PLAN AND PROFILE
2
4
km 2+000 To km 3+000
GA
S
PIP
2+980 10.82 203.877 214.700
CP46
E
LIN
E
Rev.
OP
EN
LO
25000
OP
DATE
4
SCALE
GA
S
2+990 11.00 203.700 214.700
4
2
L2P17
3
1
3+000
Shahdara Drain
36000
3+000 11.42 203.277 214.700
3+010 11.87 202.830 214.700
162
R6
MAHAMAYA
A2 @ 1:2000
13 SEPT 2023
Client:
Shah
4
dara
R1P16
2500
2
0
GA
Datum
S PIP
E LIN
E OP
EN
LOO
P4
4
GA
Drain
S
L2P17
CHAINAGE
3
@ RME FRL
SCHEMATIC
HORIZONTAL
MAYUR VIHAR
MEDIAN EDGE
3600
0
2500
0
0
3+00
E
CP47
PROPOSED RIGHT
SUPERELEVATION
4
7
GROUND LEVEL AT
Z 2
L2P18
FINISH ROAD LEVEL
5
GA
195
205
215
200
210
220
S PIP
26
E LIN
E OP
RIGHT MEDIAN EDGE
EN
LOO
1
1631
P4
GROUND LEVEL DIFF.
lvert
3
Slab cu
VERTICAL SCHEMATIC
1
08.9
04.0425000
N 3 354.032
BM9 61
lin e
SETU BHAWAN, LUCKNOW-226001
3+000 11.42 203.277 214.700 Match
3600
2
0
L2P19
SEC
1
0
U.P. STATE BRIDGE COPN. LTD,
CP48
3+010 11.87 202.830 214.700 2+40
SETU BHAWAN, 16-M.M.MALVIYA MARG,
TOR
2500
E
0
GA
3+020 12.63 202.070 214.700 S PIP
E LIN
E OP
EN
LOO
P4
7
Z 2
2
26
4
L2P20
16B
3+030 12.23 202.467 214.700
1630
3
04.19
5
65.3
3600
0
3+040 12.02 202.682 214.700 6
N 3 427.519
1.69
GPS3 85
L2P2
1
4
5
CP49
1
L2
P22
3
3+050 12.15 202.549 214.700
Z 2
2 L2A1
26
1
04
4
1630
2
3
5
3+060 12.27 202.427 214.700
49
5
E 7 .893
3
0 1
TBM .469
N 3 428.6847
3+070 12.22 202.477 214.700 3+10 6>>
ctor1 Median
e To Se
Bridg
Authority Engineer:
GA
3+080 11.49 203.206 214.700 S
LP Median LP
Footpath LP
LP GA
S
3+090 11.73 202.975 214.700 e
LP Bridg
th
Footpa
LP
8800
0
3+100 11.96 202.735 214.700
Median LP
0 OF
C
MH
MH
SB 2+50 GA
SB
SSB
3+110 11.44 203.264 214.700 y ne
<<To DND Flywa Pipe Li
Water
GA
SB OF th S
LP C Footpa
3+120 10.82 203.881 214.700
MH
MH
LP
Z 2
26
3+130 10.80 203.901 214.700
04
1630
CP50
A
79
E 7 .196
3+140 11.24 203.463 214.700 7.9 3
L=105.61m
N 3 482.499
2+54
GPS3 .337
R=2200.00m
PT:
3+150 11.07 203.630 214.700
LP
3600
0
3+160 11.51 203.187 214.700
0
3+20
Shah
CP51
3+170 11.77 202.931 214.700
dara
3+180 11.86 202.843 214.700
GA
S PIP
E LIN
E OP
EN
LOO
P3
Drain
LP
3+190 12.47 202.225 214.700
3600
0
3+200 12.53 202.169 214.700 0 LP
WEBSITE: WWW.DHURVCONSULTANCY.IN
CP52
2+60
DHRUV CONSULTANCY SERVICES LTD
8
3.45
3+210 12.15 202.554 214.700
Z 2
GA
S PIP
E LIN
26
E OP
EN
LOO
05
P3
1629
0
50
3+220 12.55 202.148 214.700
E 7 .585
N 3 519.484
BM1 .702
LP
3600
0
3+230 12.81 201.891 214.700
CP53
FILM
3+240 12.61 202.090 214.700
TOR
3+250 11.70 202.996 214.700
SEC CITY
16
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614
3
LP
1
3+260 11.72 202.977 214.700
1
4
0
3600
R2P1
0
3+30 GA
S PIP
E LIN
E OP
EN
LOO
3+270 11.76 202.938 214.700 P3
CP54
2500
0
3+280 11.80 202.899 214.700
3
0
4
LP
R2P1
3+290 12.12 202.578 214.700
NOTES:
3600
0
3+300 12.91 201.793 214.700 0
2500
GA
0
S PIP
3
E LIN
E OP
EN
LOO
1
2+70
CP55
P3
5
3+310 13.70 201.003 214.700
4
R2P9
2
3+320 13.80 200.897 214.700
2500
0
3
3+330 13.91 200.785 214.700
1
3600
L=274.65m
0
GA
4
S PIP
E LIN
2
E OP
EN
R2P8
LOO
P3
3+340 13.59 201.107 214.700
CP56
LP
2500
0
3+350 12.68 202.016 214.700
3
1
4
0
R2P7
3+360 12.78 201.920 214.700 3+40
3600
0
Sha
3+370 12.88 201.823 214.700 GA
S PIP
E LIN
E OP
EN
2500
LOO
Z 2
0
P3
3
CP57
26
1
04
LP
1628
6
hdar
4.18
5
3+380 12.97 201.727 214.700
1
36
4
R2P6
E 7 .807
2
a Dr
N 3 638.575
BM1 .258
3+390 13.41 201.294 214.700
0
ain
LP
2500
2+80
0
3+400 14.07 200.633 214.700
3600
3
0
LP
2.5 8
4
GA
S PIP
2
E LIN
2+82
R2P5
E OP
EN
LOO
P3
TS:
Existing Bund Road Level at
CP58
3+410 13.10 201.604 214.700
Proposed Right Median Edge
Z 2
26
9
Proposed FRL at Right Median Edge
04
3.54
1628
Existing Ground Level at
6
21
Proposed Right Median Edge
3+420 13.17 201.525 214.700
2500
E 7 .783
0
2. The GAD needs to be read along with the GFC drawings submitted.
3
N 3 646.728
TBM .004
3+430 13.08 201.623 214.700 4
.58
2
+847
R2P4
LP SC: 2
1. The GAD is revised as per the change in planning due to site constraints.
3. GAD is modified as per the site conditions and requirement of the client.
3600
0
3+440 R: 2.50% 12.98 201.721 214.700
2500
GA
0
3.061 S PIP
E LIN
3
CP59
E OP
EN
LOO
1
3+450 12.88 201.819 214.700 3.003 P3
5
R2P3
3+500
4
R: 2.50%
3+460 12.78 201.917 214.700
SEC
LP
PLAN
PROJECT:
TO
25000
3+470 12.88 201.817 214.700
36000
PROFILE
3
1
R: 2.50%
R2P2
4
3+480 12.83 201.873 214.700 2
R16
GA
Ls=25.00m
S PIP
E LIN
E OP
EN
LOO
P3
CP60
R: 4.00% 2+900
3+490 11.82 202.881 214.700 LP
GAIL
25000
1
3
3+500 11.30 203.400 214.700
5
R2P1
Host
2
4
36000
3+510 11.14 203.559 214.700
el
OP
3+520 10.65 204.050 214.700 LP EN
GA
SP
CP61
IPE
L IN
3+530 10.33 204.375 214.700 E
3+540 9.91 204.788 214.700 3+600
36000
3+550 9.79 204.911 214.700
3+560 9.71 204.987 214.700 OP
EN
GA
CP62
SP
IPE
3+570 9.70 205.000 214.700 LIN
E
3600
L=167.55m
0
R=300.00m
3+00
3+580 9.70 204.996 214.700 0
3+590 9.69 205.014 214.700
CP63
M.P.3 ROAD IN NOIDA
OP
EN
3+600 1.57
9.66 205.035 214.700 3 GA
SP
ALIGNMENT FROM CHILLA
CS:IPE
3+L0IN
REGULATOR SECTOR14A TO
1E5.1
360
3+610 9.55 205.155 214.700 3
00
ROAD ALONG SHAHDARA DRAIN
3+620 9.53 205.174 214.700
FEASIBILITY STUDY OF ELEVATED
OP ST:
3.27
3+630 10.02 204.683 214.700 6 EN 3+0
3+7 3.00 2.99
GA 4 0.13
3
SP
00 6 IPE
L IN
CP64
3+640 10.53 204.174 214.700 E
359
Sh
46
ah
3+650 10.90 203.796 214.700
da
R: 4.00%
ra
LP
CP65
3+660 11.26 203.437 214.700 B N
Dr
R: 2.50%
E
316 M12
ain
Z 726 2563 3+1
DATE
3+670 11.73 202.965 214.700 7 6 . 00
Ls=25.00m
204 8.4 87
13.09.2023
360
.75 26
2
00
3+680 12.12 202.584 214.700 BM
1
2 N T
R: 2.50% LP OP
EN E
R6
316 BM7
GA
REV.
3+690 12.34 202.364 214.700 S Z 726 2569
.
CP66
PIP 7
EL
IN
204 68. 015
4
2
E .73 864
3+700 12.59 202.109 214.700 3
6
R: 2.50% 1
L3P1
1
CODE
360
3+710 13.03 201.673 214.700
00
250
00
3+720 13.46 201.237 214.700 4
OP
EN 2
GA
S PI
PE
3+ 8
3
LINE
1
CP67
L3P2
00
3+730 13.90 200.801 214.700
250
00
3+740 14.04 200.662 214.700
2
360
LP
5
00
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
3
L3P3
3+750 14.11 200.589 214.700
1
OP
EN
GA
250
3+760 14.18 200.516 214.700
CP68
S PI
PE
LINE
00
3+ 2
REVISIONS
00 4
PARTICULARS
2
TENDERING PURPOSE
3+770 14.14 200.562 214.700 3
1
L3P4
LP
360
Matc
h
00
3+780 14.21 200.493 214.700 line
250
00
3+790 14.28 200.424 214.700 4
2
CP69
1
L3P5
OP
3+800 14.34 200.355 214.700 EN
GA
S PI
PE
LINE
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
250
DRAWN
00
3+810 14.41 200.291 214.700
SEC
4
360
00
2
TO
3
3+9
L3P6
3+820 14.47 200.228 214.700 00
1
CHKD.
R1
CP70
3+830 14.53 200.166 214.700
250
LP
00
2
3+840 14.48 200.218 214.700 3
Sh
1
APPD.
L3P7
360
00
ah
3+850 14.32 200.384 214.700
dar
250a
DRN.
3+ 3
CHKD.
DSND.
LP
00
00 D
3+860 14.15 200.555 214.700 4
CP71
3
rai
1
TITLE:
L3P8
n
3+870 14.05 200.654 214.700
250
360
00
3+880 14.13 200.575 214.700
4
00
2
LP
3
LP
L3P9
3+890 14.19 200.511 214.700
1
CP72
OP
EN
GA
S PI
PE
3+900 14.21 200.487 214.700 LINE
250
00
2
3+910 13.64 201.060 214.700 3
360
1
4+ 0
L3P1
0
00
00
3+920 13.55 201.147 214.700 LP
250
DWG.NO. : NOI/P&P/304
00
CP73
3+930 13.62 201.079 214.700 4
1
L3P1
1
3+940 13.69 201.011 214.700
360
250
00
00
3+950 13.76 200.944 214.700 LP
3+ 4
4
00
2
3
L3P1
3+960 13.82 200.876 214.700
2
CP74
1
L=555.89m
3+970 13.89 200.808 214.700
250
AUTHORIZED SIGNATURE
00
PLAN AND PROFILE
2
360
3+980 14.01 200.689 214.700
3
00
1
L3P1
3
km 3+000 To km 4+000
Rev.
3+990 14.09 200.609 214.700
DATE
SCALE
250
GA
S PIP
E LIN
00
CP75
E OP
EN
LOO
P3
4+000 14.20 200.503 214.700
4
2
LP
4+1
L3P1
4
0 0
163
R6
MAHAMAYA
A2 @ 1:2000
13 SEPT 2023
Client:
Datum
25000
36000
4+000
CHAINAGE
@ RME FRL
4
SCHEMATIC
2
LP
HORIZONTAL
MAYUR VIHAR
L3P11
3 1
MEDIAN EDGE
CP73
PROPOSED RIGHT
SUPERELEVATION
GROUND LEVEL AT
25000
FINISH ROAD LEVEL
195
205
215
200
210
220
RIGHT MEDIAN EDGE
4
2
GROUND LEVEL DIFF.
VERTICAL SCHEMATIC
5
36000
L3P12
3
1
3+400 LP
4+000 14.20 200.503 214.700
SETU BHAWAN, LUCKNOW-226001
25000
CP74
U.P. STATE BRIDGE COPN. LTD,
4+010 14.30 200.397 214.700
SETU BHAWAN, 16-M.M.MALVIYA MARG,
2
L3P13
3
1
4+020 14.41 200.291 214.700
36000
25000
4+030 14.52 200.184 214.700
4
2
GAS
PIPE
LINE
OPEN
LOOP
3
L3P14
3
4+040 14.62 200.078 214.700
1
CP75
4+050 14.58 200.119 214.700
2.6000
25000
LP
4+100 3.0000
4
2
4+060 14.12 200.585 214.700
36000
5
L3P15
3
1
4+070 13.65 201.050 214.700
BM
Authority Engineer:
CP76
25000
4+080 13.25 201.455 214.700 N 31 13
LP 6219 1
.165
4
2
E 72
TB 6845.6
L3P16
4+090 12.85 201.854 214.700
1
N 31 M8 Z 20 31
62174 4.399
E 72 .077 3+500
36000
4+100 12.45 202.254 214.700 68
Z 20 36.133
25000
4.245
4+110 12.05 202.654 214.700
4
2
LP
CP77
L3P17
3
1
4+120 11.65 203.053 214.700
25000
4+130 11.25 203.453 214.700
4
36000
2
Shahdara Drain
GAS
PIPE
LINE
OPEN
L3P18
4+140 11.88 202.822 214.700 LOOP
3
3
1
LP
4+150 12.64 202.057 214.700
CP77A
E
Z
N
25000
4+200
Times
4+160 13.23 201.475 214.700
4
2
L3P19
3
1
27400
Mobile Ltd
204.902
GPS4
4+170 13.01 201.690 214.700
15000
1.794
4
2
726865.518
LP
L3A1
3162082.851
87
CP78
5
1.7
4+180 13.09 201.608 214.700
3
1
MH
4+190 13.55 201.147 214.700
<<To Sector16A
LP PC: 3+596.02 Footpath
LP Footpath LP LP LP LP LP
LP
3+600
4+200 13.77 200.930 214.700 Bridge
WEBSITE: WWW.DHURVCONSULTANCY.IN
DHRUV CONSULTANCY SERVICES LTD
Median SB
SB
LP LP LP LP LP
4+210 14.70 200.001 214.700
Bridge To Sector18>>
88000
4+220 13.78 200.917 214.700 SB
EJB
Median Median
LP LP LP LP LP
GAS
SB SB Footpath
4+230 11.63 203.065 214.700
Bridge
4+240 9.76 204.935 214.700 <<To Dadri Road Footpath
GAS LP LP LP LP
GAS
LP
4+250 9.93 204.765 214.700 Bridge
EJB
MH
LP MH
LP Footpath
PT: 3+656.14
LP 4+300 MH
MH
Footpath Footpath
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614
LP LP
GAS LP LP LP LP LP
4+260 9.95 204.750 214.700
CP79
4+270 9.91 204.786 214.700
L=60.12m
R=3000.00m
TB
N 31 M9
4+280 10.08 204.620 214.700 62051
.623
E 72
68
45000
Z 20 75.209
4+290 9.82 204.884 214.700
NOTES:
5.901
3+700 GP
4+300 10.06 204.642 214.700 N 31 S4A
61 996
E 72 .192
6880.4
4+310 12.41 202.287 214.700 04
CP79A
Z 20
4.881
4+320 11.18 203.524 214.700
4+330 11.94 202.765 214.700 GAS
36000
4+340 13.25 201.446 214.700
CP80
4+350 13.52 201.185 214.700
4+400
Childrens Park
4+360 13.61 201.091 214.700
36000
4+370 13.70 200.997 214.700 BM
N 31 14
6189 2
E 7 .744
4+380 13.80 200.903 214.700 Z 2
2688 9
.789
CP81
04.709
Shahdara Drain
4+390 13.89 200.809 214.700
3+800
Existing Bund Road Level at
Proposed Right Median Edge
4+400 13.99 200.715 214.700
36000
Proposed FRL at Right Median Edge
Existing Ground Level at
Proposed Right Median Edge
4+410 14.08 200.621 214.700
CP82
4+420 14.17 200.527 214.700
2. The GAD needs to be read along with the GFC drawings submitted.
4+430 14.27 200.433 214.700
GAS
1. The GAD is revised as per the change in planning due to site constraints.
3. GAD is modified as per the site conditions and requirement of the client.
36000
4+440 14.36 200.339 214.700
L=280.85m
24.200
4+450 14.46 200.245 214.700
CP83
4+500
4+460 14.55 200.151 214.700
PLAN
PROJECT:
4+470 14.68 200.020 214.700
PROFILE
36000
4+480 14.85 199.847 214.700
4+490 14.65 200.046 214.700
CP84
3+900
4+500 14.47 200.231 214.700
4+510 14.64 200.059 214.700
36000
4+520 14.81 199.888 214.700
CP85
4+530 14.98 199.716 214.700
PC: 3+936.99
4+540 15.16 199.545 214.700 GAS
36000
4+550 15.33 199.373 214.700
R: 2.50%
4+600
3 4
4+560 15.50 199.201 214.700
RP1
5
LP1
1 2
R: 2.50%
4+570 15.66 199.038 214.700
PARK
19300
PT: 3+979.37
4+580 16.16 198.543 214.700
30000
RP2
R: 2.50%
4+590 15.97 198.725 214.700 3 4
LP2
1 2
M.P.3 ROAD IN NOIDA
4+000
30000
4+600 15.91 198.793 214.700 Match line
L=42.38m
ALIGNMENT FROM CHILLA
R=1800.00m
PC: 4+009.62
REGULATOR SECTOR14A TO
4+610 15.95 198.751 214.700
30000
RP3
R: 2.50%
Z 204.138
3 4
ROAD ALONG SHAHDARA DRAIN
BM15
4+620 15.90 198.800 214.700
5
FEASIBILITY STUDY OF ELEVATED
LP3
E 726945.705
1 2
N 3161646.228
R: 2.50%
30000
4+630 15.89 198.808 214.700
30000
4+640 15.89 198.806 214.700
RP4
R: 2.50%
GAS
3 4
4+650 15.90 198.804 214.700
LP4
1 2
4+700
Z 204.085
30000
TBM10
4+660 15.90 198.801 214.700
E 726946.534
N 3161639.723
30000
4+670 15.90 198.799 214.700
RP5
DATE
13.09.2023
3 4
4+680 16.00 198.701 214.700
LP5
1 2
L=123.21m
R6
30000
REV.
4+690 16.10 198.600 214.700 PT: 4+094.65
4+100
30000
4+700 16.03 198.672 214.700
RP6
1
CODE
3 4
4+710 16.05 198.652 214.700 5
LP6
1 2
30000
4+720 16.14 198.563 214.700
R: 2.50%
GAS
30000
4+730 16.23 198.474 214.700
RP7
3 4
4+740 16.32 198.385 214.700
LP7
R: 0.00%
1 2
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
30000
4+750 16.41 198.292 214.700
Shahdara Drain
Z 203.947
Chainge:4+760.00 4+800
BM16
Ls=20.00m
30000
4+760 R: 2.50% 16.55 198.153 214.700 Level:214.700
R: 2.80%
RP8
E 726965.821
REVISIONS
N 3161500.907
PARTICULARS
TENDERING PURPOSE
3 4
4+770 16.58 198.111 214.694
LP8
1 2
4+780 16.63 198.043 214.675 BM16
30000
4+790 16.68 197.968 214.644 GAS
RP9
4+200 4
PARK
3
4+800 L=80.00 16.71 197.886 214.600 5
LP9
1 2
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
DRAWN
30000
4+810 16.78 197.762 214.544
TS: 4+217.82
30000
4
3
4+820 16.86 197.614 214.475
Z 204.936
GPS5
2
1
CHKD.
RP10
N 3161389.6
E 726999.732
4+830 16.93 197.460 214.394 GAS 3 4
LP10
1 2
Chainge:4+840.00
4+840 16.93 197.374 214.300 EJB
30000
Level:214.300
APPD.
EJB
<
OFC
<
LP
Z 203.353
30000
4+850 16.82 197.377 214.200
BM17
To
Fo
7.82
L=169.68m
R=900.00m
otp SC: 4+25
E 726986.637
RP11
Ak
ath
DRN.
N 3161418.166
EJB
CHKD.
DSND.
sh
4+860 16.64 197.463 214.100 4+900 3
4
LP11
LP
ar
GAS
1.00%
2
1
L=40.00
dh
TITLE:
G=1.00%
LP MH
4+870 16.45 197.549 214.000
am
30000
SB
M
Te
ed
ia
3000
Chainge:4+880.00 LP n
0
4+880 15.48 198.422 213.900 LP
pl
Level:213.900
e
EJB
OFC
RP11A
LP12
4+890 15.03 198.773 213.806 LP KM 4
3
2
1
24445
4+900 14.61 199.116 213.725 LP
GAS
300
0
00
4 LP
+30
RP12
4+910 14.21 199.443 213.656
LP13
LP
4
4+920 L=80.00 14.17 199.426 213.600 3
3.8
2
Fo
otp 1
67
DWG.NO. : NOI/P&P/305
ath
Ma
KM LP
EJB
GAS
30
4+930 14.16 199.396 213.556
00
R: 2.80% 9
0
R: 2.50% LP 3.3
ham
U/
C 36
a
4+940 14.17 199.355 213.525 LP : 4+
LA2
SB
M CS
ed LP
ia
ya
n
Ls=20.00m
WPL
4+950 13.61 199.900 213.506 LP Fo
ot
R: 0.00% WPL pa LP
th
Par
Chainge:4+960.00 LP
k
4+960 11.30 202.204 213.500 Fo
ot 5+000 N
p at LP 0
Level:213.500 h E 31 GPS5
110000
40 9 Z
LP MH
72 6133 A
4+970 R: 2.50% 9.26 204.237 213.500 MH
MH
MH
4+ 03. 3
AUTHORIZED SIGNATURE
4 20 7096 4.71
: 4+ 9
LP
4.7 .8
W
LP ST 86 86
PLAN AND PROFILE
at
4+980 8.65 204.851 213.500 er (B
Pi
p e LP
km 4+000 To km 5+000
Li
O
ne
Rev.
4+990 8.48 205.024 213.500 LP
Fo
otp
TA SE
DATE
ath
SCALE
EJB
N CT
OFC
IC O
5+000 8.68 204.824 213.500 TO AK
SHAR LP
AL R
DHAM LP
TEMP
LE
G 38
68
8.
AR
45 D
: 4+
164
EN
EP
L=109.39
G=0.00%
)
R6
MAHAMAYA
A2 @ 1:2000
13 SEPT 2023
Client:
MAYUR VIHAR
SETU BHAWAN, LUCKNOW-226001
U.P. STATE BRIDGE COPN. LTD,
SETU BHAWAN, 16-M.M.MALVIYA MARG,
Authority Engineer:
WEBSITE: WWW.DHURVCONSULTANCY.IN
DHRUV CONSULTANCY SERVICES LTD
Datum
CHAINAGE
@ RME FRL
SCHEMATIC
HORIZONTAL
MEDIAN EDGE
501, PUJIT PLAZA , SECTOR- 11 , C.B.D. BELAPUR,NAVI MUMBAI- 400614
PROPOSED RIGHT
SUPERELEVATION
GROUND LEVEL AT
FINISH ROAD LEVEL
195
200
205
210
215
220
RIGHT MEDIAN EDGE
GROUND LEVEL DIFF.
VERTICAL SCHEMATIC
5+000 8.68 204.824 213.500 4
3
3.8
2
Fo
otp 1
67
ath
Ma
KM LP
EJB
GAS
5+010 8.49 205.008 213.500
30
NOTES:
00
9
0
LP 3.3
6
ham
0.00%
U/
5+020 8.63 204.873 213.500 C +3
LP
L=109.39
G=0.00%
:4
LA2
SB
M CS
ed LP
ia
aya
WPL
5+030 8.58 204.922 213.500 LP Fo
WPL
ot LP
pa
th
Par
LP
k
Fo N
L=163.49m
5+040 8.53 204.972 213.500 ot
p
5+000
at
h
LP 0 E 31 GPS5
110000
LP + 40.39 Z
MH
3
5+050 8.62 204.881 213.500 72 6133 A
MH
MH
MH
4 0 7
+4 20 096 4.71
9
W LP :4 4.7 .8
LP ST
at 86 86
5+060 9.71 203.794 213.500 er (B
Pi
p e LP O
Chainge:5+069.39 Li
5+070 11.17 202.332 213.500 ne
Fo
Level:213.500
TA SE
LP otp
ath N CT
EJB
R: 2.50% OFC
IC O
5+080 12.40 201.080 213.484 TO AK
LP
AL R
SHAR
DHAM LP
TEMP
LE
G 38
5+090 12.71 200.731 213.441 8.
68 AR
LP 45 D
R: 2.50%
M
+
LP
ed
ia
:4
5+100 12.30 201.074 213.370 n
EN
EP
WPL
LP EJB
)
PARK
B WALL
OFC
1
WPL
5 MH
5+110 10.86 202.412 213.271 GAS 9
MH LP
2
6
R: 2.50%
TO M
GAS
PIPE
LINE
10
A HAMY
3
SB
A
7
11
FL9
Y
5+120 9.83 203.311 213.144 RP25 RP26
4
PARK
B WALL 8
R: 4.00%
12
45 OVER
Shah
RP27
LP LP
RP14A
L=120.00 4++459 Fo
o
4A
5+130 9.68 203.314 212.990
2
RA2 4 tp
RP
ath
dara
5+140 9.31 203.500 212.808
LP
2. The GAD needs to be read along with the GFC drawings submitted.
Drain
PARK
B WALL
LP
RP14B
GAS
PIPE
5+150 9.25 203.350 212.598 SMALL
BOUNDAR
LINE
Fo
Y WALL
otp
1. The GAD is revised as per the change in planning due to site constraints.
3. GAD is modified as per the site conditions and requirement of the client.
ath
PARK
RP22
B WALL
Proposed FRL at Right Median Edge
Existing Ground Level at
5+160 9.33 203.028 212.360
RP15
GAS
PIPE
PARK LINE
B WALL
Proposed Right Median Edge
LP
5+170 10.10 201.990 212.094
RP21
GAS
RP1
6
Und
MH
5+180 11.27 200.534 211.801
PLAN
er G
LP
20
SB
RP
Chainge:5+189.39
PROJECT:
RP
17 LP
Park round
5+190 13.02 198.462 211.480
PROFILE
Level:211.500 i ng LP
MH
MH
RP19 RP18 GAS
5+200 14.36 196.783 211.146
GAS
5+210 14.20 196.614 210.813 LP Fo
otp
ath
LP
Vertical
202.5
8BW
5+220 13.92 196.563 210.480 LP
GA S
Line=16
under HT Clearance
5+230 13.10 197.044 210.146
LP
.652m.
5+240 11.89 197.922 209.813
STAR
T POIN
T
5+250 10.72 198.761 209.480
5+260 7.64 201.502 209.146
LP
PA
5+270 5.24 203.574 208.813
3.33%
R=60.00m
L=305.94m
L=159.22
RK
G=3.33%
Fo
5+280 4.80 203.684 208.480
otp
ath
5+290 4.50 203.644 208.146 202.5
45BW
5+300 4.17 203.642 207.813
LP LP
5+310 3.85 203.626 207.480
M.P.3 ROAD IN NOIDA
5+320 3.58 203.565 207.146
ALIGNMENT FROM CHILLA
REGULATOR SECTOR14A TO
5+330 3.35 203.462 206.813
ROAD ALONG SHAHDARA DRAIN
5+340 3.33 203.147 206.480
FEASIBILITY STUDY OF ELEVATED
Chainge:5+348.61 r3 7
5+350 3.03 203.116 206.147 Level:206.193 Secto
<<To
5+360 2.36 203.470 205.831 LP
5+370 2.03 203.509 205.543
5+380 1.90 203.379 205.283
5+390 3.29 201.764 205.051 LP
DATE
13.09.2023
5+400 6.58 198.263 204.846
R6
L=120.00
REV.
5+410 8.27 196.399 204.670 END
POIN
T
mp
R: 4.00% Pu
l
SB tro
5+420 8.04 196.483 204.521 LP Pe
1
CODE
<<Fr
5+430 7.86 196.540 204.400
om
5+440 7.71 196.597 204.306 SB
LP
LP
un
LP
r t
de
i
r
c
5+450 4.14 200.097 204.241
Sarita
Ve flyo
v
LP
5+460 2.81 201.390 204.203 LP
al er=5
L=67.77m
nc
Cle .3
LP
Chainge:5+468.61
ara 63m
4. FOR APPROVAL. 5. APPROVED FOR CONSTRUCTION.
e .
LP
Vihar
5+470 1.47 202.727 204.193 Level:204.193 LP
Vertical
under HT
5+480 0.12 204.077 204.193
0.00%
REVISIONS
Clearanc
Line=20
L=21.61
e
G=0.00%
LP
PARTICULARS
Chainge:5+490.22
TENDERING PURPOSE
5+490 0.04 204.158 204.193 ian
LP
Med
Level:204.193
.645m.
ath
otp
Fo
5+500 R: 4.00% 0.08 204.088 204.164 LP
L=30.00 LP
To
5+510 0.12 203.956 204.076
L=32.71m
R=60.00m
R: 4.00% LP
Sa
rit
Chainge:5+520.22
a
Level:203.897
5+520 0.01 203.913 203.927
Vih
R: 2.50%
Chainge:5+521.69 Level:203.923
1.80%
L=1.47
STATUS CODE : 1. TENDERING PURPOUSE 2. FOR REVIEWS. 3. MATERIAL PROCUREMENT.
a r>
DRAWN
G=1.80%
>
5+530 0.07 203.697 203.768
L=30.00
5+540 R: 2.50%
0.07 203.598 203.669
CHKD.
5+550 0.02 203.604 203.629 Chainge:5+551.69
L=47.84m
Level:203.628
5+560 R: 2.50% 0.01 203.616 203.628
APPD.
0.00%
L=18.31
Chainge:5+570.00
G=0.00%
5+570 0.06 203.688 203.628
Level:203.628
DRN.
CHKD.
DSND.
TITLE:
DWG.NO. : NOI/P&P/306
AUTHORIZED SIGNATURE
PLAN AND PROFILE
km 5+000 To km 5+570
Rev.
DATE
SCALE
165
R6
MAHAMAYA
A2 @ 1:2000
13 SEPT 2023
MAYUR VIHAR 5+6
50
MAHAMAYA
SRJ CH:5423.870 SRJ CH:5423.870
5+7
00
Footpath
Footpath
Pa
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LP
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